Disputes Tribunal of New Zealand

Negligence / Property / Respondent lived as a boarder in the Applicant’s house / Respondent was required to move out after damage by carpet moths was found in his room / Applicant sought recovery of costs associated with the infestation / Held:  evidence indicated that the carpet moth damage was the result of the Respondent’s lack of care / Respondent failed to keep his room in a condition that prevented or limited the moths’ growth / Reasonable boarder would have noticed the carpet damage and the moths and would have brought that to the Applicant’s attention / Evidence indicated that the carpet was beyond repair / Costs cannot be awarded for printing photos for the Applicant’s claim / Respondent ordered to pay $1,597.50 for carpet damage and associated costs / Claim allowed in part.

Contract / Respondent occupied room in Applicant’s house as a boarder / Agreed Respondent would clean his own bedroom and bathroom / Around time Respondent was moving out, Applicant entered room and found carpet substantially destroyed by carpet moths / Applicant said carpet and walls were covered in moths, cocoons and eggs / Applicant obtained quote for replacing carpet of $1,255.00, spent $67.96 on chemicals to treat room, and engaged cleaners for $230.00 to fumigate house / Applicant claimed Respondent responsible for damage as he had neither kept room clean nor taken action when infestation appeared / Held: damage caused by Respondent’s failure to clean carpet as he was obliged to do under parties’ agreement / Applicant had no choice but to replace carpet / Respondent ordered to pay Applicant $1,552.96 / Claim allowed.