What was Tenancy Tribunal case 4993598 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 4993598?

Cleaning: $900.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $525.00 awarded to landlord; Property Damage: $181.00 awarded to landlord; Property Damage: $3,536.67 awarded to landlord; Rent Arrears: $3,462.08 awarded to landlord; Water Rates: $3,370.50 awarded to landlord

What type of tenancy dispute was case 4993598?

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

Where can I read the official tribunal order for case 4993598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11727254-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993598 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 4993598?

Cleaning: $900.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $525.00 awarded to landlord; Property Damage: $181.00 awarded to landlord; Property Damage: $3,536.67 awarded to landlord; Rent Arrears: $3,462.08 awarded to landlord; Water Rates: $3,370.50 awarded to landlord

What type of tenancy dispute was case 4993598?

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

Where can I read the official tribunal order for case 4993598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11727254-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4993598 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 4993598 — net $10,402.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$3,462.08	2. Rent arrears and water rates arrears were a persistent problem during the tenancy.
Water rates	$3,370.50	Water rates
Lock/key replacement	$181.00	Lock/key replacement
Cleaning	$900.00	9. The amount of outstanding water rates is proven.
Repairs to walls and painting	$3,536.67	Repairs to walls and painting
Loss of rent	$525.00	Loss of rent
Filing fee reimbursement	$27.00	35. Balancing these considerations, I will award one weeks’ loss of rent in this instance.
Net award	$10,402.25
Total payable by Tenant to Landlord	$10,402.25

The tenancy began on 24 July 2018 and ended on 16 July 2024.

Rent arrears and water rates arrears were a persistent problem during the tenancy. [The landlord/s] brought several previous Tenancy Tribunal applications in respect of these issues.

When the landlord took possession at the end of the tenancy, the premises were in an unclean and damaged state.

This application seeks rent arrears, water rates arrears, cleaning, repairs and painting, change of locks, and loss of rent whilst the property was being cleaned, repaired, and painted.

The hearing took place in [event location suppressed] on 16 April 2025.

[The landlord’s representative] attended the hearing on behalf of the landlord. There was no appearance by the tenant. Rent and water

The landlord’s rent record establishes rent arrears of $3,642.08 to the end of the tenancy.

Water rates are owed for the period from 19 July 2020 to 21 June 2024. [The landlord’s representative] provided copies of the relevant District Council invoices.

The amount of outstanding water rates is proven. Cleaning, locks

Tenants must leave the premises reasonably clean and tidy and return all keys at the end of the tenancy. 1

[The landlord’s representative] provided a detailed (19 minute) video recording showing the condition of the premises at the end of the tenancy.

There was damage to the premises, as discussed in more detail below.

The premises were not left in a reasonably clean condition. It appears that the tenant cleaned some areas, such as the stovetop and toilet, but many parts of the house, in particular the walls, clearly had not been cleaned in a very long time. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)

The claim seeks $1200 for cleaning per an invoice from ‘[cleaning business], a business that is related to [The landlord/s]. The invoice does not detail the number of hours or hourly rate for the cleaning work.

Based on the video evidence I will award 30 hours of cleaning at $30/hr. Repairs and painting

There were holes to in the wall in multiple areas, some of which were large.

There was some damage to walls that was partially repaired by the tenants.

The walls were also marked, gouged, and extensive graffitied.

The extent of damage was such that re-painting of the whole interior was justified.

The claim seeks $8,610 for repairs and painting.

The house had been freshly painted before the start of the tenancy in 2018 ([the landlord’s representative] provided evidence of this).

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

Depreciation must apply to the new painting costs, but not the repair costs.

The landlord’s invoice does not provide a breakdown of repair and painting costs.

On the evidence available, my finding is that a reasonable assessment of the cost of repairs is $1,000.00, with the balance being painting.

Having regard to the age of the paint at the end of the tenancy, I will apply depreciation of two-thirds.

The tenant is liable to pay $3,536.67, comprised of $1,000.00 for repairs to holes and $2,536.67 for painting (after depreciation). Loss of rent

The claim seeks loss of rent on the grounds that the premises could not be re- let due to the extensive cleaning, repairs and painting.

The claim seeks three weeks’ rent ($1575.00).

At the end of a tenancy landlords can expect a ‘gap’ before the premises can be advertised for rent due to normal maintenance. This is particularly so after a long tenancy.

There are also many market factors that can affect how long a property is vacant.

However, there is a legal basis for a landlord to recover loss of rent if a tenant breach results in the premises not being available for re-let for a prolonged period.

In this instance, there was substantial cleaning work as well as repairs and painting due to the tenant not meeting their legal obligations.

However I also note that the age of the paint, even in the absence of damage, was approaching the time where the landlord would probably consider re- painting, even if there was no damage.

Balancing these considerations, I will award one weeks’ loss of rent in this instance. Filing fee, bond, name suppression

The landlord sought name suppression. Name suppression is granted on the grounds that the landlord was substantially successful in the proceedings. 2 The landlord is also entitled to recover the filing fee for the application. 3

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4993598 — net $10,402.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$3,462.08	2. Rent arrears and water rates arrears were a persistent problem during the tenancy.
Water rates	$3,370.50	Water rates
Lock/key replacement	$181.00	Lock/key replacement
Cleaning	$900.00	9. The amount of outstanding water rates is proven.
Repairs to walls and painting	$3,536.67	Repairs to walls and painting
Loss of rent	$525.00	Loss of rent
Filing fee reimbursement	$27.00	35. Balancing these considerations, I will award one weeks’ loss of rent in this instance.
Net award	$10,402.25
Total payable by Tenant to Landlord	$10,402.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

Background

The tenancy began on 24 July 2018 and ended on 16 July 2024.
Rent arrears and water rates arrears were a persistent problem during the tenancy. [The landlord/s] brought several previous Tenancy Tribunal applications in respect of these issues.
When the landlord took possession at the end of the tenancy, the premises were in an unclean and damaged state.
This application seeks rent arrears, water rates arrears, cleaning, repairs and painting, change of locks, and loss of rent whilst the property was being cleaned, repaired, and painted.
The hearing took place in [event location suppressed] on 16 April 2025.
[The landlord’s representative] attended the hearing on behalf of the landlord. There was no appearance by the tenant. Rent and water
The landlord’s rent record establishes rent arrears of $3,642.08 to the end of the tenancy.
Water rates are owed for the period from 19 July 2020 to 21 June 2024. [The landlord’s representative] provided copies of the relevant District Council invoices.
The amount of outstanding water rates is proven. Cleaning, locks
Tenants must leave the premises reasonably clean and tidy and return all keys at the end of the tenancy. 1
[The landlord’s representative] provided a detailed (19 minute) video recording showing the condition of the premises at the end of the tenancy.
There was damage to the premises, as discussed in more detail below.
The premises were not left in a reasonably clean condition. It appears that the tenant cleaned some areas, such as the stovetop and toilet, but many parts of the house, in particular the walls, clearly had not been cleaned in a very long time. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
The claim seeks $1200 for cleaning per an invoice from ‘[cleaning business], a business that is related to [The landlord/s]. The invoice does not detail the number of hours or hourly rate for the cleaning work.
Based on the video evidence I will award 30 hours of cleaning at $30/hr. Repairs and painting
There were holes to in the wall in multiple areas, some of which were large.
There was some damage to walls that was partially repaired by the tenants.
The walls were also marked, gouged, and extensive graffitied.
The extent of damage was such that re-painting of the whole interior was justified.
The claim seeks $8,610 for repairs and painting.
The house had been freshly painted before the start of the tenancy in 2018 ([the landlord’s representative] provided evidence of this).
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
Depreciation must apply to the new painting costs, but not the repair costs.
The landlord’s invoice does not provide a breakdown of repair and painting costs.
On the evidence available, my finding is that a reasonable assessment of the cost of repairs is $1,000.00, with the balance being painting.
Having regard to the age of the paint at the end of the tenancy, I will apply depreciation of two-thirds.
The tenant is liable to pay $3,536.67, comprised of $1,000.00 for repairs to holes and $2,536.67 for painting (after depreciation). Loss of rent
The claim seeks loss of rent on the grounds that the premises could not be re- let due to the extensive cleaning, repairs and painting.
The claim seeks three weeks’ rent ($1575.00).
At the end of a tenancy landlords can expect a ‘gap’ before the premises can be advertised for rent due to normal maintenance. This is particularly so after a long tenancy.
There are also many market factors that can affect how long a property is vacant.
However, there is a legal basis for a landlord to recover loss of rent if a tenant breach results in the premises not being available for re-let for a prolonged period.
In this instance, there was substantial cleaning work as well as repairs and painting due to the tenant not meeting their legal obligations.
However I also note that the age of the paint, even in the absence of damage, was approaching the time where the landlord would probably consider re- painting, even if there was no damage.
Balancing these considerations, I will award one weeks’ loss of rent in this instance. Filing fee, bond, name suppression
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord was substantially successful in the proceedings. 2 The landlord is also entitled to recover the filing fee for the application. 3
The bond will be released to the landlord.

Tenancy Tribunal case 4993598 — Property damage

At a glance

Tenancy Tribunal case 4993598 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions