What was Tenancy Tribunal case 5018348 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 5018348?

Cleaning: $800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,350.00 awarded to landlord; Property Damage: $284.00 awarded to landlord; Rent Arrears: $2,997.69 awarded to landlord; And Painting: $6,041.75 awarded to landlord

What type of tenancy dispute was case 5018348?

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

Where can I read the official tribunal order for case 5018348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466455-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5018348 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 5018348?

Cleaning: $800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,350.00 awarded to landlord; Property Damage: $284.00 awarded to landlord; Rent Arrears: $2,997.69 awarded to landlord; And Painting: $6,041.75 awarded to landlord

What type of tenancy dispute was case 5018348?

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

Where can I read the official tribunal order for case 5018348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466455-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5018348 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 5018348 — net $9,900.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,997.69	Rent arrears
Cleaning	$800.00	Cleaning
Lock/key replacement	$284.00	Lock/key replacement
Repairs: and painting	$6,041.75	Repairs: and painting
Loss of rent	$1,350.00	Loss of rent
Filing fee reimbursement	$27.00	22. Balancing these considerations, I will award compensation of $1,350.00, the equivalent of three weeks’ rent.
Net award	$9,900.44
Total payable by Tenant to Landlord	$9,900.44

The tenancy ended on 5 August 2024.

The landlord’s application seeks rent arrears, cleaning, change of locks, and repair costs.

The hearing took place in [Event location suppressed] on 19 February 2025. [The landlord’s representative] represented the landlord. There was no appearance by the tenants. Rent arrears

The landlord’s rent record shows that the tenants were in persistent arrears from late January 2023 until the end of the tenancy in August 2024.

The proven amount of rent arrears is $2,997.69. This takes into account several payments that the tenants made after the end of the tenancy. Change of locks, cleaning

At the end of a tenancy the tenant must leave the premises reasonably clean and tidy and return all keys.

The keys were not returned at the end of this tenancy. The cost of changing the locks is proven.

[The landlord’s representative] provided a video recording showing the condition of the premises at the end of the tenancy. The premises were very unclean and untidy.

The cleaning costs claimed are proven and are fair and reasonable having regard to the landlord’s video evidence. Repairs and painting

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

[The Landlord’s representative] provided photographs showing the condition of the premises at the start of the tenancy, and a video recording showing the condition at the end.

The evidence shows that the following damage occurred during this tenancy: a. Damage to walls: The walls were damaged in various ways. There were some large holes in the walls, children’s writing, stickers, marks, and numerous pin / nail holes in different sizes. b. Damage to doors: There were holes in some of the doors.

The damage is beyond fair wear and tear.

The cost of repairs and painting is set out in a [company] invoice dated 26 September 2024.

The invoice does not separate out the painting and repair costs. The total of both, including materials, is $8,055.67.

This tenancy began in December 2019. [The landlord’s representative] said that the property was re-decorated before the start of this tenancy, and the entry photographs support this. Depreciation must apply to the re-painting costs but not to the repair costs.

I will apply depreciation of 25% to the total cost claimed. Loss of rent

The landlord is claiming $3,150.00, the equivalent of seven weeks’ rent, on the grounds that the premises could not be re-let after the end of this tenancy because of the extent of damage.

This is a type of loss that the landlord can recover. It is a loss suffered by the landlord as a direct consequence of the tenant failing to meet their legal duty to not cause damage beyond fair wear and tear.

In this instance I accept that the extent of damage was significant enough that premises were unavailable for a prolonged period after the end of this tenancy. The walls throughout the house were damaged, and a complete re-paint of the interior was necessary.

The difficulty for claims of this type is that it is not possible to know whether the premises would have been re-let quickly even if they were available. There are numerous market factors that can affect that. The landlord has not lost a guaranteed rental income, they have loss the opportunity to advertise the premises.

Balancing these considerations, I will award compensation of $1,350.00, the equivalent of three weeks’ rent. Filing fee, name suppression, bond

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

The landlord has been successful in this application. The landlord’s request for name suppression is granted. I must also award the landlord the filing fee for the application.

Claims and awards in Tenancy Tribunal application 5018348 — net $9,900.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,997.69	Rent arrears
Cleaning	$800.00	Cleaning
Lock/key replacement	$284.00	Lock/key replacement
Repairs: and painting	$6,041.75	Repairs: and painting
Loss of rent	$1,350.00	Loss of rent
Filing fee reimbursement	$27.00	22. Balancing these considerations, I will award compensation of $1,350.00, the equivalent of three weeks’ rent.
Net award	$9,900.44
Total payable by Tenant to Landlord	$9,900.44

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 ended on 5 August 2024.
The landlord’s application seeks rent arrears, cleaning, change of locks, and repair costs.
The hearing took place in [Event location suppressed] on 19 February 2025. [The landlord’s representative] represented the landlord. There was no appearance by the tenants. Rent arrears
The landlord’s rent record shows that the tenants were in persistent arrears from late January 2023 until the end of the tenancy in August 2024.
The proven amount of rent arrears is $2,997.69. This takes into account several payments that the tenants made after the end of the tenancy. Change of locks, cleaning
At the end of a tenancy the tenant must leave the premises reasonably clean and tidy and return all keys.
The keys were not returned at the end of this tenancy. The cost of changing the locks is proven.
[The landlord’s representative] provided a video recording showing the condition of the premises at the end of the tenancy. The premises were very unclean and untidy.
The cleaning costs claimed are proven and are fair and reasonable having regard to the landlord’s video evidence. Repairs and painting
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
[The Landlord’s representative] provided photographs showing the condition of the premises at the start of the tenancy, and a video recording showing the condition at the end.
The evidence shows that the following damage occurred during this tenancy: a. Damage to walls: The walls were damaged in various ways. There were some large holes in the walls, children’s writing, stickers, marks, and numerous pin / nail holes in different sizes. b. Damage to doors: There were holes in some of the doors.
The damage is beyond fair wear and tear.
The cost of repairs and painting is set out in a [company] invoice dated 26 September 2024.
The invoice does not separate out the painting and repair costs. The total of both, including materials, is $8,055.67.
This tenancy began in December 2019. [The landlord’s representative] said that the property was re-decorated before the start of this tenancy, and the entry photographs support this. Depreciation must apply to the re-painting costs but not to the repair costs.
I will apply depreciation of 25% to the total cost claimed. Loss of rent
The landlord is claiming $3,150.00, the equivalent of seven weeks’ rent, on the grounds that the premises could not be re-let after the end of this tenancy because of the extent of damage.
This is a type of loss that the landlord can recover. It is a loss suffered by the landlord as a direct consequence of the tenant failing to meet their legal duty to not cause damage beyond fair wear and tear.
In this instance I accept that the extent of damage was significant enough that premises were unavailable for a prolonged period after the end of this tenancy. The walls throughout the house were damaged, and a complete re-paint of the interior was necessary.
The difficulty for claims of this type is that it is not possible to know whether the premises would have been re-let quickly even if they were available. There are numerous market factors that can affect that. The landlord has not lost a guaranteed rental income, they have loss the opportunity to advertise the premises.
Balancing these considerations, I will award compensation of $1,350.00, the equivalent of three weeks’ rent. Filing fee, name suppression, bond
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
The landlord has been successful in this application. The landlord’s request for name suppression is granted. I must also award the landlord the filing fee for the application.

Tenancy Tribunal case 5018348 — Property damage

At a glance

Tenancy Tribunal case 5018348 — 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