Published tribunal order
Tenancy Tribunal case 5317040 — Rent arrears
Decided 7 Jan 2026 · Published 7 Jan 2026 · Application 5317040
- Rent arrears
- Property damage
- Cleanliness
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s names and identifying details.
- [The tenant/s] must pay Habitat For Humanity Central Region Limited $3,474.39 immediately, calculated as shown in the table below.
Reasons
- On 31 July 2025 the landlord filed an application seeking rent arrears, compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
- Mr White, Property Manager, appeared for the landlord.
- The tenants did not appear. The Tribunal was advised [Tenant 1] is unable to be located and his disappearance is the subject of a Police missing persons investigation.
- The Tribunal was satisfied the tenants had been properly served with the notice of hearing and the case proceeded in their absence. Background
- The landlord advised the Tribunal the property was brand new at the commencement of the tenancy. The tenants were selected to be a part of the landlord’s rent to buy housing scheme, and their tenancy commenced on 11 September 2021.
- The tenancy was periodic.
- Following a change in the tenant’s personal circumstances the tenants withdrew from the rent to buy scheme, and the tenancy ended on 9 June 2025.
- On 27 June 2025 the landlord e-mailed the tenants itemising the cost of repairs for damage identified at the end of the tenancy. The damage was listed as follows: Smart vent controller (no charge to install) $517.94 Vinyl kitchen flooring $595.47 Carpet stain clean $100.00 Kitchen rubbish bin$110.00 2 nd hand kitchen hob replacement (no charge to install) $250.00 1 or 2 garage door remotes $97.75 each
- The e-mail asked the tenants to confirm who would be liable for the cost to repair or replace the listed items.
- On 28 June 2025 [Tenant 2] responded to the landlord by e-mail accepting liability for the outstanding rent and agreeing to pay half the costs to repair or replace the listed items.
- On 30 June 2025 [Tenant 1] responded to the landlord by e-mail, agreeing to a fifty-fifty split of the repair and replacement costs.
- The Tribunal notes that the e-mail from [Tenant 2] was sent from the e-mail address recorded as her address for service in the tenancy agreement.
- The Tribunal was provided with evidence which showed the e-mail address used by [Tenant 1], accepting liability for the above costs, had previously been used by him to correspond with the landlord over leaving the property and discussed setting up a payment plan to clear the debt. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
- That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Rent arrears
- The landlord seeks rent arrears and provided an up-to-date rent summary which proves the amount owing at the end of the tenancy totalled $1680.48. The amount proved is ordered.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) of the Act.
- The landlord seeks $100.00 for carpet cleaning after paying a contractor to spot clean a carpet stain caused by the tenant and an invoice in the amount claimed was provided.
- The landlord seeks $195.50 to replace two garage door remotes that were not returned at the end of the tenancy. An e-mail from [garage door company] detailed the replacement cost for the remotes.
- The landlord seeks $135.00 to replace an under bench pull out rubbish bin that was missing at the end of the tenancy and provided an email from [Company] detailing the replacement cost of the bin.
- Having heard from the landlord and considering the evidence, in particular the tenant’s e-mails dated 28 and 30 June 2025 accepting liability for the costs, the Tribunal finds the tenants failed to leave the carpet clean and tidy, failed to return the garage door remotes and failed to leave behind the rubbish bin. The amounts claimed are awarded.
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 of the Act.
- Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) of the Act.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) of the Act.
- The landlord seeks $250.00, the cost of replacing the kitchen hob with a second- hand kitchen hob, after it was smashed by the tenant during the tenancy. Confirmation of the purchase of the hob was provided.
- The landlord seeks $595.47, the cost of replacing the vinyl flooring in the kitchen after it was ripped by the tenants moving their dishwasher back into place following a plumbing repair. An invoice in the amount claimed was provided.
- The landlord seeks $517.94, the replacement cost of the smart vent panel that was damaged during the tenancy. An invoice in the amount claimed was provided.
- Having heard from the landlord and considering the evidence, in particular the tenant’s e-mails dated 28 and 30 June 2025 accepting liability for the repair costs, the tribunal finds the tenants carelessly caused damage to the kitchen hob, vinyl flooring and smart vent control panel during the tenancy and the amounts claimed are awarded. Other matters
- The landlord asked the Tribunal to apportion the tenant’s liability for the debt in different amounts. The Tribunal declines to do so. The tenants’ liabilities and obligations under the tenancy agreement are both joint and several. This means that each tenant is individually responsible for the entire rent, debt, obligations or damage arising under this agreement as well as being jointly responsible with the other tenant. Under this order the landlord is entitled to pursue the debt against either or both tenants in any proportion that they choose. Costs
- Because Habitat For Humanity Central Region Limited has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
- Under section 95A(4) of the Act the Tribunal may, on the application of any party or on its own initiative, having regard to the interests of the parties and public interest, order that all or part of the evidence or the name and identifying particulars of any witness or party is not published.
- The Tribunal heard that at the date of hearing one of the tenants is not locatable and subject to a Police missing persons investigation. While the facts and reasons of the case may be in the public interest, given the circumstances surrounding one of the tenants, I do not think that this extends to naming the parties and on that basis the names and identifying particulars of the tenants are suppressed.