“There were hundreds of flies. The floor at the entrance to the first bedroom has been damaged. It appears to be wet from urine.”
Wet items were left on the downstairs floor, the front door wasn’t secure, and the keys hadn’t been returned.
Now the Tenancy Tribunal has awarded the landlords – Barfoot and Thompson as agents for Rysy Investments – $27,000, saying the pair must have known the damage that was being done during their four-year tenancy.
“The tenants allowed a situation where they had six puppies inside, toileting all over the flooring and carpet for a series of months,” tribunal adjudicator Melissa Allan said in a recently released decision.
“The tenants must have known the damage was a certainty.”
Scratch marks, holes in couches, piles of rubbish
According to the decision, the house wasn’t always in such a poor state. Photos presented at the hearing, taken in May 2023, show the house in a fairly tidy condition, except for two damaged doors, a large pile of rubbish in the laundry, and unkempt lawns.
During that inspection, it was also discovered that the tenants had two dogs (only one of which was permitted) and puppies, which were all housed inside.
The tenants, who were supposed to move out in September 2023, successfully sought a three-month extension, giving them time to re-home the puppies, repair the two doors and maintain the lawns.
But after the tenants left, photos showed the carpet in the bedrooms and hallway was covered in urine and faeces, as was the laminate flooring in the lounge and the terracotta tiles downstairs.
There were scratch marks all over the walls, and some of the carpet had been scratched and torn. A couch in one room had been upended, with the stuffing torn out and covering most of the floor. A window was broken, and there were holes in the walls.
The tenants also left behind a fridge full of food, multiple couches, a double bed and mattress, various drawers, a table, and chairs, a TV cabinet, and huge piles of what appeared to be soiled bedding.
Rubbish was left under the house and strewn throughout the garden.
Barfoot and Thompson asked the Tenancy Tribunal for rent arrears and compensation.
While the decision noted the landlord had claimed insurance for some of the damage, it didn’t cover all of it, including the cost of repairing the flooring, because the insurers believed it was gradual damage.
Soft and swollen particle board
The landlord said the flooring was so badly damaged that all the carpet, timber underlay, and the vinyl in the kitchen had to be removed.
The floors in the hallway and bedroom also had to be cut out and replaced as the urine had softened and swollen the particle board. Photos showed it was heavily stained and damaged.
Taking into account depreciation and betterment, the tribunal awarded the landlord $23,118 for repairs to the flooring.
A further $5000 was awarded for removing rubbish both inside and under the house, bringing the total award to $27,391.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.
