Published tribunal order
Tenancy Tribunal case 5287421 — Rent arrears at Unit/Flat 103, 47 Vivian Street, Te Aro, Wellington 6011
Decided 30 Jul 2025 · Published 30 Jul 2025 · Application 5287421
Landlord favoured
- Rent arrears
- Property damage
Order
- Tommy Adams must pay Smart Property Management Limited As Agent For 47 Vivian St Ltd $1,272.00 immediately, calculated as shown in the table below.
- All other claims are dismissed.
Reasons
- The landlord attended the hearing. There was no appearance by the tenant and the landlord says he advised them he did not intend to appear.
- The landlord applied for termination of the tenancy, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
- Prior to the hearing, the parties agreed to end the fixed term tenancy early. Therefore, a termination and possession order is no longer required.
How much is owed for rent and break fees?
- The tenancy ended on 27 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy of $2,050.
- The tenant signed the bond refund form so that the bond of $2,000 has been refunded to the landlord for rent arrears leaving a balance of $50 owed.
- The tenant signed an agreement to break the lease early on conditions that the tenant remained liable for rent up to the date of a replacement tenancy commencing and would pay a break lease fee of $595 to cover the landlord’s reasonable costs of finding a replacement tenant. I am satisfied that the landlord’s invoice for break lease costs is reasonable to cover advertising on Trade Me, viewings conducted for prospective tenants, credit checks, ingoing and outgoing inspections, and new lease documentation.
Is the tenant responsible for the damage to the premises?
- 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.
- The following damage was caused during the tenancy: Holes in walls of the lounge and one bedroom caused during the tenancy were plastered and painted by the tenant. However, the tenant did not paint the walls the correct colour and to a reasonable workmanlike standard. The landlord provided a quote for the repainting work required. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
- I have taken into account betterment and depreciation.
- The landlord sought exemplary damages for using the premises for an unlawful purpose which is not proved and is dismissed.
- As the landlord has substantially succeeded, they are entitled to reimbursement of the filing fee. K Stirling, 30 July 2025