Published tribunal order
Tenancy Tribunal case 5251824 — Rent arrears at 66 Paki Street, Huntly, Huntly 3700
Decided 9 Sept 2025 · Published 9 Sept 2025 · Application 5251824
- Rent arrears
- Property damage
Order
- [The tenant/s] is to pay Slpm Limited As Agent For Maria Wager $1,040.00 from the bond immediately, calculated as shown in table below and in settlement of all claims.
- The Bond Centre is to pay the bond of $1,040.00 (5571013-002) to Slpm Limited As Agent For Maria Wager immediately.
Reasons
- The landlord attended the hearing represented by Mr Dawson.
- Ms Marsh did not attend and not answer the five calls made to her phone numbers (ending in 768 and 244) during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. As applicant, the landlord must prove their claims in evidence to the civil standard of proof being the balance of probabilities.
How much is owed for rent and water rates?
- The tenancy ended on 18 March 2025 however the landlord has established in evidence that Ms Marsh did not remove her belongings until early April. She had paid rent up until 18 March however the landlord seeks one further week’s rent in consideration of the extra two weeks they allowed her to have to move her belongings, and in compensation for her not cleaning the property when she vacated. 1 I consider this reasonable in the circumstances. 2
- The landlord also provided water rates invoices which prove the amount owing at the end of the tenancy.
- The amounts ordered have been proven in evidence and are considered reasonable in the circumstances.
Did the tenant comply with their obligations at the end of the tenancy?
- The landlord also seeks reimbursement for the light bulbs they had to replace, the locks they had to change as only one key was returned, and the microwave that was removed with Ms Marsh’s belongings.
- Pursuant to section 40(1)(e)(iv)-(v) of the RTA, at the end of the tenancy the tenant must return all keys and security devices, leave all chattels provided for their benefit and replace standard light bulbs.
- Mr Dawson has established in evidence that Ms Marsh did not meet these obligations. The microwave was two weeks old at the end of the tenancy and was not returned with the tenancy, there were numerous doors that keys were not provided for, and a number of light fittings had had the bulbs removed. The amounts sought are considered reasonable in light of the evidence provided. 1 As required pursuant to section 40(1)(e)(iii) RTA 2 See s85 RTA
Is the tenant responsible for the damage to the premises?
- The landlord seeks a small contribution to the costs they incurred in repairing leak damage that occurred as a result of the supply tap to Ms Marsh’s washing machine leaking. The damage was considerable and would have been evident to Ms Marsh as the floor was rippling and the laundry tub had rusted.
- The actual costs of repair were several thousand dollars. The landlord did obtain insurance and their excess was $850. They are only seeking a contribution to that amount by Ms Marsh in a measure of goodwill.
- To be successful in such a claim, a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- Given the leak would have been observable, I find this damage careless. Accordingly, Ms Marsh is liable. The amount sought is lower than the insurance excess and I consider it reasonable in light of the evidence.
- Because Slpm Limited As Agent For Maria Wager has wholly succeeded with the claim I must reimburse the filing fee.
- Slpm Limited As Agent For Maria Wager has generously agreed to accept the bond in settlement of their claims although their claims exceed the bond amount. They are entitled to make this concession pursuant to section 11(2) of the RTA.