How much money was awarded in case 4991128?

Cleaning: $575.00 awarded to landlord; Lawns and Garden Work: $874.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4991128?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4991128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11808316-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4991128?

Cleaning: $575.00 awarded to landlord; Lawns and Garden Work: $874.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4991128?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4991128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11808316-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4991128 — Property damage

Q: What was Tenancy Tribunal case 4991128 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4991128 — net $6,205.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$575.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Carpet replacement	$1,150.00	Carpet replacement
Window repairs	$2,300.00	Window repairs
Lock/key replacement	$920.00	Lock/key replacement
Lawns and Garden work	$874.00	Lawns and Garden work
Net award	$6,205.08
Total payable by Tenant to Landlord	$6,205.08

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Roxanne Clarke must pay [The landlord/s] $6,205.08 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $188.92 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims were withdrawn by the landlord.

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.

This matter was part heard by the Tribunal on 6 December 2024 and 5 March 2025. Orders were made for rent arrears, water rates, reimbursement of the filing fee and a partial release of the bond. This hearing was to consider the remaining balance of the landlord’s compensation claims against the tenant.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided extensive photographic evidence of the very poor condition in which the premises had been left by the tenant. An invoice was provided for the amounts claimed.

The tenant did not return the keys. The charge of $920.00 is more expensive than might usually be accepted by the Tribunal. The landlord explained that the doors were aluminium and that a lock replacement also required a glazier to attend with increased attendant costs.

The exterior photos showed that the grounds were overgrown and in extremely poor condition and that attempting to bring the lawns back into an acceptable state took more time than might usually be the case.

The amounts ordered are reasonable and are proven.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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). See section 49B(3)(a) RTA. The landlord is insured. The landlord’s insurance policy has an excess of $1,150.00 on each and every claim.

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). 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 following damage was caused during the tenancy: The carpet in three bedrooms was damaged by stains and other marks. The landlord provided photos of the damage. The carpet had been 6.5 years old at the commencement of the tenancy. The damage to each bedroom would be considered as a separate claim under the insurance policy with a separate excess applying on each occasion. Windows were broken in three areas. The landlord provided photos. The landlord said that they did not know how the damage had been caused. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

Order

Claims and awards in Tenancy Tribunal application 4991128 — net $6,205.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$575.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Carpet replacement	$1,150.00	Carpet replacement
Window repairs	$2,300.00	Window repairs
Lock/key replacement	$920.00	Lock/key replacement
Lawns and Garden work	$874.00	Lawns and Garden work
Net award	$6,205.08
Total payable by Tenant to Landlord	$6,205.08

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Roxanne Clarke must pay [The landlord/s] $6,205.08 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $188.92 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims were withdrawn by the landlord.

Reasons

The landlord attended the video hearing.

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

The amounts ordered are reasonable and are proven.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proven.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4991128 — Property damage

At a glance

Tenancy Tribunal case 4991128 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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