What was Tenancy Tribunal case 4940837 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4940837?

Filing Fee: $27.00 awarded to landlord; Property Damage: $56.93 awarded to landlord; Rent Arrears: $452.00 awarded to landlord; Fibre Box: $80.85 awarded to landlord; Property Damage: $592.25 awarded to landlord; Kitchen Entry Door Glass/Handle: $529.00 awarded to landlord; Oven: $122.48 awarded to landlord; Wall Painting: $1,897.50 awarded to landlord; Wall Plaster: $1,322.50 awarded to landlord; Window Glass: $175.00 awarded to landlord; Replace Furnishings: Carpet: $1,123.50 awarded to landlord; Rubbish Removal: $209.88 awarded to landlord; Water Rates: $101.79 awarded to landlord

What type of tenancy dispute was case 4940837?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4940837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477290-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4940837 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4940837?

Filing Fee: $27.00 awarded to landlord; Property Damage: $56.93 awarded to landlord; Rent Arrears: $452.00 awarded to landlord; Fibre Box: $80.85 awarded to landlord; Property Damage: $592.25 awarded to landlord; Kitchen Entry Door Glass/Handle: $529.00 awarded to landlord; Oven: $122.48 awarded to landlord; Wall Painting: $1,897.50 awarded to landlord; Wall Plaster: $1,322.50 awarded to landlord; Window Glass: $175.00 awarded to landlord; Replace Furnishings: Carpet: $1,123.50 awarded to landlord; Rubbish Removal: $209.88 awarded to landlord; Water Rates: $101.79 awarded to landlord

What type of tenancy dispute was case 4940837?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4940837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477290-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4940837 — Property damage

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New Zealand Tenancy Tribunal Case 4940837 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4940837 — net $6,690.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/06/2024	$452.00	5. I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.
Water rates	$101.79	Water rates
Rubbish removal	$209.88	Rubbish removal
Repairs: Window glass	$175.00	Repairs: Window glass
Repairs: Fibre box	$80.85	Repairs: Fibre box
Repairs: House damage	$592.25	Repairs: House damage
Replace furnishings: Carpet	$1,123.50	Replace furnishings: Carpet
Repairs: Oven	$122.48	Repairs: Oven
Lock/key replacement	$56.93	Lock/key replacement
Repairs: Wall plaster	$1,322.50	Repairs: Wall plaster
Repairs: Wall painting	$1,897.50	Repairs: Wall painting
Repairs: Kitchen entry door glass/handle	$529.00	Repairs: Kitchen entry door glass/handle
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,690.68
Total payable by Tenant to Landlord	$6,690.68

Claims and awards for application 4940837 — net $6,690.68 NZD. Verify on MoJ.

Rent arrears to 16/06/2024

Amount: $452.00
Awarded to: Landlord
Reason: 5. I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.

Water rates

Amount: $101.79
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $209.88
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Window glass

Amount: $175.00
Awarded to: Landlord
Reason: Repairs: Window glass

Repairs: Fibre box

Amount: $80.85
Awarded to: Landlord
Reason: Repairs: Fibre box

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
must pay [The landlord/s] $6,690.68 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 21 st February 2025. The tenant did not.
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 and water rates?

The tenancy ended on 16 th June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I note that the bond of $1,140.00 had already been refunded to the landlord to offset the rent arrears.
I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.
This is half what is owing acknowledging that there were two tenants to this tenancy. Compensation claims
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) Residential Tenancies Act 1986 (“RTA”).
For damage claims, the 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.
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. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' 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) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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 Tribunal must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord has proven liability for the compensation ordered above.
Again, the amounts ordered above are half what is owing acknowledging that there were two tenants to this tenancy.
Further to that, I order the tenant to reimburse the landlord for the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4940837 — net $6,690.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/06/2024	$452.00	5. I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.
Water rates	$101.79	Water rates
Rubbish removal	$209.88	Rubbish removal
Repairs: Window glass	$175.00	Repairs: Window glass
Repairs: Fibre box	$80.85	Repairs: Fibre box
Repairs: House damage	$592.25	Repairs: House damage
Replace furnishings: Carpet	$1,123.50	Replace furnishings: Carpet
Repairs: Oven	$122.48	Repairs: Oven
Lock/key replacement	$56.93	Lock/key replacement
Repairs: Wall plaster	$1,322.50	Repairs: Wall plaster
Repairs: Wall painting	$1,897.50	Repairs: Wall painting
Repairs: Kitchen entry door glass/handle	$529.00	Repairs: Kitchen entry door glass/handle
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,690.68
Total payable by Tenant to Landlord	$6,690.68

Claims and awards for application 4940837 — net $6,690.68 NZD. Verify on MoJ.

Rent arrears to 16/06/2024

Amount: $452.00
Awarded to: Landlord
Reason: 5. I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.

Water rates

Amount: $101.79
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $209.88
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Window glass

Amount: $175.00
Awarded to: Landlord
Reason: Repairs: Window glass

Repairs: Fibre box

Amount: $80.85
Awarded to: Landlord
Reason: Repairs: Fibre box

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
must pay [The landlord/s] $6,690.68 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 21 st February 2025. The tenant did not.
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 and water rates?

The tenancy ended on 16 th June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I note that the bond of $1,140.00 had already been refunded to the landlord to offset the rent arrears.
I order the tenant to pay the landlord $452.00 as remaining rent arrears and $101.79 for water rates arrears.
This is half what is owing acknowledging that there were two tenants to this tenancy. Compensation claims
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) Residential Tenancies Act 1986 (“RTA”).
For damage claims, the 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.
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. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' 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) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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 Tribunal must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord has proven liability for the compensation ordered above.
Again, the amounts ordered above are half what is owing acknowledging that there were two tenants to this tenancy.
Further to that, I order the tenant to reimburse the landlord for the filing fee.

Tenancy Tribunal case 4940837 — Property damage

At a glance

Tenancy Tribunal case 4940837 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions