What was Tenancy Tribunal case 5036450 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 5036450?

Compensation: Insufficient Notice to…: $500.00 awarded to tenant; Property Damage: $650.00 awarded to tenant; Compensation: Unlawful Entry: $750.00 awarded to tenant

What type of tenancy dispute was case 5036450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5036450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11622201-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5036450 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 5036450?

Compensation: Insufficient Notice to…: $500.00 awarded to tenant; Property Damage: $650.00 awarded to tenant; Compensation: Unlawful Entry: $750.00 awarded to tenant

What type of tenancy dispute was case 5036450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5036450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11622201-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5036450 — Property damage

Claims and awards in Tenancy Tribunal application 5036450. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Repairs & Maintenance	$650.00	Repairs & Maintenance
Compensation: Unlawful Entry	$750.00	Unlawful Entry
Compensation: Insufficient Notice to Terminate	$500.00	Insufficient Notice to Terminate

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Najib Property Management Limited must pay [The tenant/s] $1,900.00 immediately, calculated as shown in table below. 1 DescriptionTenant Compensation: Repairs & Maintenance $650.00 Compensation: Unlawful Entry $750.00 Compensation: Insufficient Notice to Terminate $500.00 Total award $1,900.00
The Bond Centre is to pay the bond of $902.50 ([Bond number suppressed]) to [The tenant/s] immediately.
The Landlord’s claims are dismissed.
The Tenant’s claim in relation to a heat pump is dismissed. 1 The Tribunal has recalled the Order issued on 17 February to amend a typographical error. The amendment has been made and the Order reissued on 25 March 2025.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Some of the landlord’s claims had been resolved before the hearing. The only issues for me to consider were cleaning costs and some painting work.
The tenants have applied for compensation for unlawful entry, repairs & maintenance, and an improper notice to terminate the tenancy. The Landlord Claims

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.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy. The standard is not commercially clean or pristine. The test is an objective one, were the premises “reasonably clean”?
The photographs provided by the landlord and the outgoing inspection report, tend to show that the property was reasonably clean. The landlord has not proved this aspect of its claim. It is dismissed.

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.
The landlord claimed $402.50 for painting in the garage. The in-going inspection notes record that there is damage to the garage walls consistent with normal wear and tear. There was no evidence that the wall damage was worse at the end of this tenancy. The claim is dismissed. Tenant Claims Repair & Maintenance
The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
The tenant raised an issue with the cook top shortly after it moved in in October 2023. The landlord arranged a handyman promptly. The handyman could not repair the cooktop and advised the landlord that two of the four burners were not working. He recommended that the landlord contact the manufacturer’s approved service agent.
The landlord did not arrange for repairs or a replacement stovetop until February 2024. The cook top was not working properly for 13 weeks. The landlord did not act promptly to complete repairs. I award the tenant compensation of $650 (equal to a rent rebate of $50 per week) for the inconvenience.
The tenant also claims that the landlord did not maintain the heat pump at the premises. The tenant says it is now aware that the heat pump might not have been serviced before this tenancy, because its current landlord provided evidence of heat pump servicing with its in-going inspection report.
The tenant says that the information provided by its current landlord leads the tenant to believe that it (and family members) was sick throughout this tenancy because the heat pump was not properly maintained.
There is no evidence of any issue with the heat pump during the tenancy. The tenant did not raise any concerns with moisture, draughts, cold premises, or inadequate heating during the tenancy. Further the evidence of illness is a list of four Doctors visits from April to October 2024 (2 after the tenancy ended), with no explanation regarding the reason for the visit.
The tenant has not proved that the landlord has breached any obligation in relation to the heat pump. The claim is dismissed. Unlawful Entry
[The tenant/s] claims the landlord has entered the premises without consent or notice.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice under s48 Residential Tenancies Act 1986.
With the prior consent of the tenant, the landlord may enter premises for the purposes of showing prospective purchasers. The tenant must not unreasonably withhold consent. See s48(3) Residential Tenancies Act.
The landlord gave notice that it intended to show the property to a prospective purchaser on 6 September. The tenant replied that they were away for two weeks and did not want anyone to access the property during that period for security reasons. The landlord ignored the tenant’s request and allowed a purchaser through the property.
The landlord did not have consent and the tenant’s request to wait until it returned was reasonable. I award the tenant compensation of $750, as claimed. Notice to Terminate the Tenancy
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so. During this tenancy, a landlord could not give a 90-day termination notice without a valid reason under s 51(1) or (2) Residential Tenancies Act 1986.
The landlord purported to give the tenant 90 days’ notice to terminate the tenancy on 29 August 2024. The notice did not provide a reason for termination and stated that the last day of the tenancy would be 24 October 2024. That is, the landlord provided 56 days’ notice to end the tenancy.
The landlord breached section 51 by failing to provide a notice in the correct form and for the correct notice period.
The tenant claimed compensation of $2,250 for the invalid notice. The amount was based on reduced earnings. However, the tenant did not properly explain how the amounts were calculated and, at least some the reduced earnings, seem to be in the period that the tenant was overseas.
I award the tenant compensation of $500 for inconvenience for the landlord’s breach in relation to the notice to terminate.
As both parties were partially successful, I did not award reimbursement of either Tribunal application fee. Overall, the tenants were the substantially successful party, so I have granted their request for suppression of their details.

Claims and awards in Tenancy Tribunal application 5036450. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Repairs & Maintenance	$650.00	Repairs & Maintenance
Compensation: Unlawful Entry	$750.00	Unlawful Entry
Compensation: Insufficient Notice to Terminate	$500.00	Insufficient Notice to Terminate

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Najib Property Management Limited must pay [The tenant/s] $1,900.00 immediately, calculated as shown in table below. 1 DescriptionTenant Compensation: Repairs & Maintenance $650.00 Compensation: Unlawful Entry $750.00 Compensation: Insufficient Notice to Terminate $500.00 Total award $1,900.00
The Bond Centre is to pay the bond of $902.50 ([Bond number suppressed]) to [The tenant/s] immediately.
The Landlord’s claims are dismissed.
The Tenant’s claim in relation to a heat pump is dismissed. 1 The Tribunal has recalled the Order issued on 17 February to amend a typographical error. The amendment has been made and the Order reissued on 25 March 2025.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Some of the landlord’s claims had been resolved before the hearing. The only issues for me to consider were cleaning costs and some painting work.
The tenants have applied for compensation for unlawful entry, repairs & maintenance, and an improper notice to terminate the tenancy. The Landlord Claims

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.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy. The standard is not commercially clean or pristine. The test is an objective one, were the premises “reasonably clean”?
The photographs provided by the landlord and the outgoing inspection report, tend to show that the property was reasonably clean. The landlord has not proved this aspect of its claim. It is dismissed.

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.
The landlord claimed $402.50 for painting in the garage. The in-going inspection notes record that there is damage to the garage walls consistent with normal wear and tear. There was no evidence that the wall damage was worse at the end of this tenancy. The claim is dismissed. Tenant Claims Repair & Maintenance
The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
The tenant raised an issue with the cook top shortly after it moved in in October 2023. The landlord arranged a handyman promptly. The handyman could not repair the cooktop and advised the landlord that two of the four burners were not working. He recommended that the landlord contact the manufacturer’s approved service agent.
The landlord did not arrange for repairs or a replacement stovetop until February 2024. The cook top was not working properly for 13 weeks. The landlord did not act promptly to complete repairs. I award the tenant compensation of $650 (equal to a rent rebate of $50 per week) for the inconvenience.
The tenant also claims that the landlord did not maintain the heat pump at the premises. The tenant says it is now aware that the heat pump might not have been serviced before this tenancy, because its current landlord provided evidence of heat pump servicing with its in-going inspection report.
The tenant says that the information provided by its current landlord leads the tenant to believe that it (and family members) was sick throughout this tenancy because the heat pump was not properly maintained.
There is no evidence of any issue with the heat pump during the tenancy. The tenant did not raise any concerns with moisture, draughts, cold premises, or inadequate heating during the tenancy. Further the evidence of illness is a list of four Doctors visits from April to October 2024 (2 after the tenancy ended), with no explanation regarding the reason for the visit.
The tenant has not proved that the landlord has breached any obligation in relation to the heat pump. The claim is dismissed. Unlawful Entry
[The tenant/s] claims the landlord has entered the premises without consent or notice.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice under s48 Residential Tenancies Act 1986.
With the prior consent of the tenant, the landlord may enter premises for the purposes of showing prospective purchasers. The tenant must not unreasonably withhold consent. See s48(3) Residential Tenancies Act.
The landlord gave notice that it intended to show the property to a prospective purchaser on 6 September. The tenant replied that they were away for two weeks and did not want anyone to access the property during that period for security reasons. The landlord ignored the tenant’s request and allowed a purchaser through the property.
The landlord did not have consent and the tenant’s request to wait until it returned was reasonable. I award the tenant compensation of $750, as claimed. Notice to Terminate the Tenancy
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so. During this tenancy, a landlord could not give a 90-day termination notice without a valid reason under s 51(1) or (2) Residential Tenancies Act 1986.
The landlord purported to give the tenant 90 days’ notice to terminate the tenancy on 29 August 2024. The notice did not provide a reason for termination and stated that the last day of the tenancy would be 24 October 2024. That is, the landlord provided 56 days’ notice to end the tenancy.
The landlord breached section 51 by failing to provide a notice in the correct form and for the correct notice period.
The tenant claimed compensation of $2,250 for the invalid notice. The amount was based on reduced earnings. However, the tenant did not properly explain how the amounts were calculated and, at least some the reduced earnings, seem to be in the period that the tenant was overseas.
I award the tenant compensation of $500 for inconvenience for the landlord’s breach in relation to the notice to terminate.
As both parties were partially successful, I did not award reimbursement of either Tribunal application fee. Overall, the tenants were the substantially successful party, so I have granted their request for suppression of their details.

Tenancy Tribunal case 5036450 — Property damage

At a glance

Tenancy Tribunal case 5036450 — Property damage

At a glance

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

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