What was Tenancy Tribunal case 4989049 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 4989049?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4989049 D…: $2,547.56 awarded to landlord; Property Damage: $272.00 awarded to landlord; Rent Arrears: $3,298.57 awarded to landlord; Bathroom Vanity: $712.18 awarded to landlord; Floors: $347.83 awarded to landlord; Interior Doors: $266.52 awarded to landlord; Kitchen Draw: $260.87 awarded to landlord; Shower Door: $130.43 awarded to landlord; Property Damage: $2,782.61 awarded to landlord; Water Rates: $881.77 awarded to landlord

What type of tenancy dispute was case 4989049?

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

Where can I read the official tribunal order for case 4989049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11639828-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4989049 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 4989049?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4989049 D…: $2,547.56 awarded to landlord; Property Damage: $272.00 awarded to landlord; Rent Arrears: $3,298.57 awarded to landlord; Bathroom Vanity: $712.18 awarded to landlord; Floors: $347.83 awarded to landlord; Interior Doors: $266.52 awarded to landlord; Kitchen Draw: $260.87 awarded to landlord; Shower Door: $130.43 awarded to landlord; Property Damage: $2,782.61 awarded to landlord; Water Rates: $881.77 awarded to landlord

What type of tenancy dispute was case 4989049?

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

Where can I read the official tribunal order for case 4989049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11639828-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4989049 — Property damage

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New Zealand Tenancy Tribunal Case 4989049 — 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 4989049 — net $11,527.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 27/3/25	$3,298.57	Rent arrears as at 27/3/25
Previous order application 4989049 dated 14/01/2025	$2,547.56	Previous order application 4989049 dated 14/01/2025
Water rates	$881.77	Water rates
Lock/key replacement	$272.00	Lock/key replacement
Repairs: Wall damage	$2,782.61	Repairs: Wall damage
Repairs: Kitchen draw	$260.87	Repairs: Kitchen draw
Repairs: Shower door	$130.43	Repairs: Shower door
Repairs: Floors	$347.83	Repairs: Floors
Repairs: Interior doors	$266.52	Repairs: Interior doors
Repairs: Bathroom vanity	$712.18	Repairs: Bathroom vanity
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,527.34
Total payable by Tenant to Landlord	$11,527.34

Claims and awards for application 4989049 — net $11,527.34 NZD. Verify on MoJ.

Rent arrears as at 27/3/25

Amount: $3,298.57
Awarded to: Landlord
Reason: Rent arrears as at 27/3/25

Previous order application 4989049 dated 14/01/2025

Amount: $2,547.56
Awarded to: Landlord
Reason: Previous order application 4989049 dated 14/01/2025

Water rates

Amount: $881.77
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $272.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Wall damage

Amount: $2,782.61
Awarded to: Landlord
Reason: Repairs: Wall damage

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears 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.
Tiana Taipari must pay [The landlord/s] $11,527.34 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 14 January 2025 under application 4989049.

Reasons

The landlord attended the video hearing.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, 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.

How much is owed for rent and water rates?

The tenancy ended on 19 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The landlord advised the tenant has paid some of the rent arrears and the amount owing as at 27/3/25 is $3,298.57 and I have made an order for the full amount claimed.

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. 1 The landlord said the tenant did not return the keys. An invoice was provided in support of the claim. The amount ordered is proved. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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. 2
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). 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6 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. 7
I 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: a. The walls were significantly damaged, b. The kitchen draw was broken, 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. c. The shower glass door was damaged, d. The kitchen and living area floors were damaged, e. Interior doors were smashed, f. The bathroom vanity was damaged.
The damage is more than fair wear and tear. The landlord provided a pre and post tenancy inspection report. Given the nature and extent of the damage, I consider it all appears likely to have been intentional and I make an order for the full amounts claimed. I record that the landlord did not seek the GST inclusive amounts for the repairs. The amounts ordered are proved. Previous order
On 14 January 2025 the Tribunal made an order relating to this tenancy for rubbish removal, cleaning, and a window repair. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

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 4989049 — net $11,527.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 27/3/25	$3,298.57	Rent arrears as at 27/3/25
Previous order application 4989049 dated 14/01/2025	$2,547.56	Previous order application 4989049 dated 14/01/2025
Water rates	$881.77	Water rates
Lock/key replacement	$272.00	Lock/key replacement
Repairs: Wall damage	$2,782.61	Repairs: Wall damage
Repairs: Kitchen draw	$260.87	Repairs: Kitchen draw
Repairs: Shower door	$130.43	Repairs: Shower door
Repairs: Floors	$347.83	Repairs: Floors
Repairs: Interior doors	$266.52	Repairs: Interior doors
Repairs: Bathroom vanity	$712.18	Repairs: Bathroom vanity
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,527.34
Total payable by Tenant to Landlord	$11,527.34

Claims and awards for application 4989049 — net $11,527.34 NZD. Verify on MoJ.

Rent arrears as at 27/3/25

Amount: $3,298.57
Awarded to: Landlord
Reason: Rent arrears as at 27/3/25

Previous order application 4989049 dated 14/01/2025

Amount: $2,547.56
Awarded to: Landlord
Reason: Previous order application 4989049 dated 14/01/2025

Water rates

Amount: $881.77
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $272.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Wall damage

Amount: $2,782.61
Awarded to: Landlord
Reason: Repairs: Wall damage

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears 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.
Tiana Taipari must pay [The landlord/s] $11,527.34 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 14 January 2025 under application 4989049.

Reasons

The landlord attended the video hearing.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, 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.

How much is owed for rent and water rates?

The tenancy ended on 19 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The landlord advised the tenant has paid some of the rent arrears and the amount owing as at 27/3/25 is $3,298.57 and I have made an order for the full amount claimed.

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. 1 The landlord said the tenant did not return the keys. An invoice was provided in support of the claim. The amount ordered is proved. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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. 2
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). 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6 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. 7
I 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: a. The walls were significantly damaged, b. The kitchen draw was broken, 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. c. The shower glass door was damaged, d. The kitchen and living area floors were damaged, e. Interior doors were smashed, f. The bathroom vanity was damaged.
The damage is more than fair wear and tear. The landlord provided a pre and post tenancy inspection report. Given the nature and extent of the damage, I consider it all appears likely to have been intentional and I make an order for the full amounts claimed. I record that the landlord did not seek the GST inclusive amounts for the repairs. The amounts ordered are proved. Previous order
On 14 January 2025 the Tribunal made an order relating to this tenancy for rubbish removal, cleaning, and a window repair. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4989049 — Property damage

At a glance

Tenancy Tribunal case 4989049 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions