Published tribunal order
Tenancy Tribunal case 4890540 — Rent arrears at Unit/Flat 4, 15 Walsall Street, Addington, Christchurch 8024
Decided 5 Jul 2024 · Published 5 Jul 2024 · Application 4890540
Landlord favoured
- Rent arrears
Order
- Katherine Margaret McBride must pay Otautahi Community Housing Trust $2,218.79 immediately, calculated as shown in table below:
Reasons
- Ms Newton and Ms Law represented the landlord. The tenant did not attend the hearing.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 3 April 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
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) Residential Tenancies Act 1986 (RTA).
- The tenant did not remove all rubbish when she vacated the tenancy.
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.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
- The following damage was caused during the tenancy. Doors in the lounge were damaged and had to be replaced. Walls in the bedroom and living room had lining paper torn from them and had to be repaired and repainted.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved by an invoice and photos and by the evidence the landlord’s representatives gave at the hearing.
- As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.