How much money was awarded in case 4999049?

Rubbish Removal: $1,200.00 awarded to landlord; Property Damage: $232.05 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4999049 D…: $279.50 awarded to landlord; Property Damage: $1,825.00 awarded to landlord; Rent Arrears: $4,628.50 awarded to landlord; Property Damage: $10,400.00 awarded to landlord; Walls and Doors: $2,969.18 awarded to landlord; To Toilet And Plumbing: $948.66 awarded to landlord; Replace And Install Stove: $1,277.00 awarded to landlord; Replace Kitchen Joinery: $517.50 awarded to landlord; Skip Bin Hire: $1,106.10 awarded to landlord

What type of tenancy dispute was case 4999049?

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

Where can I read the official tribunal order for case 4999049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11787393-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4999049?

Rubbish Removal: $1,200.00 awarded to landlord; Property Damage: $232.05 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4999049 D…: $279.50 awarded to landlord; Property Damage: $1,825.00 awarded to landlord; Rent Arrears: $4,628.50 awarded to landlord; Property Damage: $10,400.00 awarded to landlord; Walls and Doors: $2,969.18 awarded to landlord; To Toilet And Plumbing: $948.66 awarded to landlord; Replace And Install Stove: $1,277.00 awarded to landlord; Replace Kitchen Joinery: $517.50 awarded to landlord; Skip Bin Hire: $1,106.10 awarded to landlord

What type of tenancy dispute was case 4999049?

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

Where can I read the official tribunal order for case 4999049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11787393-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4999049 — Property damage

Q: What was Tenancy Tribunal case 4999049 about?

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

Order

Claims and awards in Tenancy Tribunal application 4999049 — net $25,410.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/2/2025	$4,628.50	Rent arrears to 19/2/2025
Previous order application 4999049 dated 19/02/2025	$279.50	Previous order application 4999049 dated 19/02/2025
Carpet replacement	$1,825.00	Carpet replacement
Repairs: to toilet and plumbing	$948.66	Repairs: to toilet and plumbing
Skip bin hire	$1,106.10	Skip bin hire
Cleaning: rubbish removal and replace locks	$1,200.00	Cleaning: rubbish removal and replace locks
Electrical fittings repair: hot water cylinder wiring	$232.05	Electrical fittings repair: hot water cylinder wiring
Replace kitchen joinery	$517.50	Replace kitchen joinery
Repairs: materials required to repair walls and doors and joinery	$2,969.18	Repairs: materials required to repair walls and doors and joinery
Repairs: builder's labour to repair damage	$10,400.00	Repairs: builder's labour to repair damage
Replace and install stove	$1,277.00	Replace and install stove
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$25,410.49
Total payable by Tenant to Landlord	$25,410.49

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

Diana Rakena must pay [The landlord/s] $25,410.49 immediately, calculated as shown in table below.

This order incorporates the previous Tribunal order made on 19/2/2025.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video hearing and could not be contacted by telephone.

The landlord has applied for a final order in relation to the tenancy for rent arrears, the balance of the compensation claims, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19/2/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish.

The tenant did not return the keys.

The amounts ordered are proved.

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.

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 carpets and underlay were removed, the stove damaged beyond repair, 13 windows were broken or cracked, the toilet and plumbing damaged, the hot water cylinder wiring damaged and there was extensive damage to almost all surfaces in the house including the kitchen cabinetry. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s insurance company has covered the cost or replacing the windows, without applying an excess, so the tenant is fortunate the landlord has no out of pocket expense and therefore no claim for that damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation when awarding compensation for replacing the carpets and stove repainting. 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.

On 19/2/2025 the Tribunal made an order relating to this tenancy dismissing the tenants request for a rehearing of a previous order terminating her tenancy because of the substantial damage she had caused and other serious breaches, and awarding compensation and a refund of the bond.

The previous order is incorporated into this order for enforcement purposes.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved her request for name suppression and non-publication of the tenancy address.

The public interest clearly requires that the tenant’s name is published.

Claims and awards in Tenancy Tribunal application 4999049 — net $25,410.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/2/2025	$4,628.50	Rent arrears to 19/2/2025
Previous order application 4999049 dated 19/02/2025	$279.50	Previous order application 4999049 dated 19/02/2025
Carpet replacement	$1,825.00	Carpet replacement
Repairs: to toilet and plumbing	$948.66	Repairs: to toilet and plumbing
Skip bin hire	$1,106.10	Skip bin hire
Cleaning: rubbish removal and replace locks	$1,200.00	Cleaning: rubbish removal and replace locks
Electrical fittings repair: hot water cylinder wiring	$232.05	Electrical fittings repair: hot water cylinder wiring
Replace kitchen joinery	$517.50	Replace kitchen joinery
Repairs: materials required to repair walls and doors and joinery	$2,969.18	Repairs: materials required to repair walls and doors and joinery
Repairs: builder's labour to repair damage	$10,400.00	Repairs: builder's labour to repair damage
Replace and install stove	$1,277.00	Replace and install stove
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$25,410.49
Total payable by Tenant to Landlord	$25,410.49

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details and the tenancy address.
Diana Rakena must pay [The landlord/s] $25,410.49 immediately, calculated as shown in table below.
This order incorporates the previous Tribunal order made on 19/2/2025.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video hearing and could not be contacted by telephone.
The landlord has applied for a final order in relation to the tenancy for rent arrears, the balance of the compensation claims, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19/2/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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.
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 carpets and underlay were removed, the stove damaged beyond repair, 13 windows were broken or cracked, the toilet and plumbing damaged, the hot water cylinder wiring damaged and there was extensive damage to almost all surfaces in the house including the kitchen cabinetry. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s insurance company has covered the cost or replacing the windows, without applying an excess, so the tenant is fortunate the landlord has no out of pocket expense and therefore no claim for that damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when awarding compensation for replacing the carpets and stove repainting. 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.
On 19/2/2025 the Tribunal made an order relating to this tenancy dismissing the tenants request for a rehearing of a previous order terminating her tenancy because of the substantial damage she had caused and other serious breaches, and awarding compensation and a refund of the bond.
The previous order is incorporated into this order for enforcement purposes.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved her request for name suppression and non-publication of the tenancy address.
The public interest clearly requires that the tenant’s name is published.

Tenancy Tribunal case 4999049 — Property damage

At a glance

Tenancy Tribunal case 4999049 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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