What was Tenancy Tribunal case 5025029 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 5025029?

9 Cubic Bin (Waste Disposal: $380.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $8,000.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5025029?

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

Where can I read the official tribunal order for case 5025029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11507259-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5025029 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 5025029?

9 Cubic Bin (Waste Disposal: $380.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $8,000.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5025029?

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

Where can I read the official tribunal order for case 5025029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11507259-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5025029 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5025029 — 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 5025029 — net $14,207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Wall paint damages	$3,000.00	Wall paint damages
Blind damages	$1,200.00	Blind damages
Lawns & rubbish removal	$500.00	Lawns & rubbish removal
Exterior deck paint damages	$200.00	Exterior deck paint damages
9 cubic bin (waste disposal	$380.00	9 cubic bin (waste disposal
Lock replacement	$400.00	Lock replacement
Cleaning charges	$500.00	Cleaning charges
Damages - Insurance excess charge x8	$8,000.00	Damages - Insurance excess charge x8
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,207.00
Total payable by Tenant to Landlord	$14,207.00

Claims and awards for application 5025029 — net $14,207.00 NZD. Verify on MoJ.

Wall paint damages

Amount: $3,000.00
Awarded to: Landlord
Reason: Wall paint damages

Blind damages

Amount: $1,200.00
Awarded to: Landlord
Reason: Blind damages

Lawns & rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Lawns & rubbish removal

Exterior deck paint damages

Amount: $200.00
Awarded to: Landlord
Reason: Exterior deck paint damages

9 cubic bin (waste disposal

Amount: $380.00
Awarded to: Landlord
Reason: 9 cubic bin (waste disposal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Rhiannon Reihana must pay [The landlord/s] $14,207.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held on 25 February 2025. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on property condition reports during the tenancy and at the end of the tenancy and invoices.
The photographs reveal that the property was left in a untidy state. There was a significant amount of rubbish left both inside and outside the property. All surfaces required thorough cleaning, and the grass had become overgrown.
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.
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.
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 damages occurred during the tenancy: staining to the carpet, damage to the ranchslider frame, and a broken window. Additionally, there is damage to the vinyl flooring, kitchen cabinetry, and light shades.
Further issues include damage to the door jamb, weatherboards, guttering, soffits, and the fence. The walls also sustained damage, along with broken blinds and exterior deck paint damage.
These damages go beyond typical wear and tear and will require repairs to restore the property to its original condition.
The tenant has not disproved liability for the damage.
The amounts ordered are proved. I award the insurance excess for the damages covered by the landlord's insurance.
I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Since the property was newly decorated at the start of the tenancy, depreciation does not apply in this case.
As the landlord is wholly successful with their claims, I must order the tenant to reimbursement the filing fee and grant suppression of the landlord’s name and identifying details.

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 5025029 — net $14,207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Wall paint damages	$3,000.00	Wall paint damages
Blind damages	$1,200.00	Blind damages
Lawns & rubbish removal	$500.00	Lawns & rubbish removal
Exterior deck paint damages	$200.00	Exterior deck paint damages
9 cubic bin (waste disposal	$380.00	9 cubic bin (waste disposal
Lock replacement	$400.00	Lock replacement
Cleaning charges	$500.00	Cleaning charges
Damages - Insurance excess charge x8	$8,000.00	Damages - Insurance excess charge x8
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,207.00
Total payable by Tenant to Landlord	$14,207.00

Claims and awards for application 5025029 — net $14,207.00 NZD. Verify on MoJ.

Wall paint damages

Amount: $3,000.00
Awarded to: Landlord
Reason: Wall paint damages

Blind damages

Amount: $1,200.00
Awarded to: Landlord
Reason: Blind damages

Lawns & rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Lawns & rubbish removal

Exterior deck paint damages

Amount: $200.00
Awarded to: Landlord
Reason: Exterior deck paint damages

9 cubic bin (waste disposal

Amount: $380.00
Awarded to: Landlord
Reason: 9 cubic bin (waste disposal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Rhiannon Reihana must pay [The landlord/s] $14,207.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held on 25 February 2025. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on property condition reports during the tenancy and at the end of the tenancy and invoices.
The photographs reveal that the property was left in a untidy state. There was a significant amount of rubbish left both inside and outside the property. All surfaces required thorough cleaning, and the grass had become overgrown.
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.
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.
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 damages occurred during the tenancy: staining to the carpet, damage to the ranchslider frame, and a broken window. Additionally, there is damage to the vinyl flooring, kitchen cabinetry, and light shades.
Further issues include damage to the door jamb, weatherboards, guttering, soffits, and the fence. The walls also sustained damage, along with broken blinds and exterior deck paint damage.
These damages go beyond typical wear and tear and will require repairs to restore the property to its original condition.
The tenant has not disproved liability for the damage.
The amounts ordered are proved. I award the insurance excess for the damages covered by the landlord's insurance.
I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Since the property was newly decorated at the start of the tenancy, depreciation does not apply in this case.
As the landlord is wholly successful with their claims, I must order the tenant to reimbursement the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5025029 — Property damage

At a glance

Tenancy Tribunal case 5025029 — 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