What was Tenancy Tribunal case 5036631 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 5036631?

Cleaning: $1,500.00 awarded to landlord; Compensation: Gas califont and stove…: $2,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $899.21 awarded to landlord; Rent Arrears: $7,100.00 awarded to landlord; Rubbish Removal: $800.00 awarded to landlord

What type of tenancy dispute was case 5036631?

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

Where can I read the official tribunal order for case 5036631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11432440-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5036631 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 5036631?

Cleaning: $1,500.00 awarded to landlord; Compensation: Gas califont and stove…: $2,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $899.21 awarded to landlord; Rent Arrears: $7,100.00 awarded to landlord; Rubbish Removal: $800.00 awarded to landlord

What type of tenancy dispute was case 5036631?

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

Where can I read the official tribunal order for case 5036631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11432440-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5036631 — Rent arrears

Claims and awards in Tenancy Tribunal application 5036631 — net $10,046.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024 (includes rent in lieu of notice for abandonment	$7,100.00	Rent arrears to 26 August 2024 (includes rent in lieu of notice for abandonment
Window repairs	$899.21	Window repairs
Rubbish removal and lawnmowing	$800.00	Rubbish removal and lawnmowing
Compensation: Gas califont and stove missing	$2,000.00	Gas califont and stove missing
Cleaning, repairs to walls, painting	$1,500.00	Cleaning, repairs to walls, painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,046.21
Total payable by Tenant to Landlord	$10,046.21

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 7 December 2021. In early August 2024, the landlords discovered that the tenant had abandoned the premises.
The landlords’ application seeks rent arrears, cleaning and rubbish removal, repairs, and replacement of missing chattels.
The hearing took place in [Event location suppressed] on 7 February 2025. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Tera. Rent arrears
The landlords’ rent record shows that some relatively minor rent arrears ($700.00) accrued from the beginning of the tenancy up to June 2024, due to one missed rent payment and a failure to update the rent payment amount after a rent increase.
Rent payments stopped entirely after 11 June 2024.
[The landlord/s] said that she attempted to contact the tenant, without success. In late July, she found that the tenant had abandoned the tenancy.
If a tenant abandons a tenancy, they remain liable for rent to the date that is 28 days from the date that the landlord discovered the abandonment. 1
The tenant is liable for rent up to 26 August 2024. There are proven rent arrears of $7,100.00 to that date. Cleaning, rubbish removal, lawnmowing
[The landlord/s] provided photographs showing the condition of the premises after she re-took possession.
The premises were not left reasonably clean and tidy. There was rubbish left behind, mostly outside the house, but also some large items of furniture inside. There was a large trampoline left on the section.
The lawns were overgrown.
The amount claimed for rubbish removal and lawnmowing (per two invoices from [Lawnmower]) is fair and reasonable.
The cleaning cost is included in an invoice from [Contractor], which also includes other repairs and painting. This invoice is discussed in more detail below. 1 Section 61(3) RTA, as it was in July 2024 when this abandonment occurred Windows
[The landlord/s] said that there were three broken windows and one broken glass pane in a door at the end of the tenancy.
The damage is not shown in the end of tenancy photographs.
In any claim for damage, the landlord must prove that the damage occurred during the period of the tenancy and that the damage is beyond fair wear and tear. 2
[The landlord/s] are experienced landlords with a substantial portfolio of properties. Despite their experience with vacated damages claims in the Tenancy Tribunal, their applications are frequently light on evidence. This application is a typical example.
There is no entry inspection report. Even the basic property inspection report in the tenancy agreement was not completed. There are no inspection reports (and, it seems, no inspections) during the tenancy. The end of the tenancy photographs are sparse.
In this instance: a. I accept that the property did not have three broken windows and a broken glass pane in the door at the start of the tenancy. I accept that the landlords would not have rented out a property with that damage, and the tenant would have raised a complaint if they had attempted to. b. The repair invoice from [Glazier] identifies the property address and describes the work carried out – re-glazing three windows and one door pane. c. On the balance of probabilities, I accept that this damage occurred and that it occurred during this tenancy. d. The tenant is liable for the re-glazing costs. Missing chattels
[The landlord/s] said that the following chattels were missing when they re-took possession of the premises: a. The curtains. b. The gas califont, which was mounted on the exterior of the house. c. The large gas stove.
[The landlord/s] provided photographs showing the califont and stove in situ before the start of the tenancy. One of the end of tenancy photographs shows 2 Section 49B(8) RTA the gap where the stove used to be. Another photograph shows the two large gas cylinders still present, but not against the wall of the house where they are supposed to be. The photographs do not show the area where the califont used to be. One or two photographs show windows without curtains.
[The landlord/s] did not replace the gas califont. They had an electric hot water cylinder installed to replace the gas water heating. They presumably replaced the gas stove with an electric stove, although this does not form part of their claim.
Their claim is for the cost of the hot water cylinder, approximately $3,000.00.
The evidence provided is sufficient to prove, to the “more likely than not” standard that applies in this Tribunal, that there was a gas stove and gas califont in the property at the start of the tenancy and that these items were missing at the end. It is not possible to know when and how this loss occurred. It is possible that property was broken into after the tenant abandoned it. However, if the landlord can prove that the loss / damage occurred during the tenancy (which in this instance did not end until 26 August 2024, then the tenant is liable for the loss / damage unless the tenant can prove that it was not caused by themselves or someone whose actions they are responsible for. 3 The tenant has not proven this, and therefore the tenant is liable for this loss.
The claim for a new water cylinder does not reflect the loss that the landlord suffered, which was a gas califont. [The landlord/s] said that it was less expensive to install a hot water cylinder than to replace the califont. Again, no evidence was provided in support of this.
No information at all was provided about the value of the existing gas stove or the cost of a new electric stove.
The landlords have proven that they suffered a loss and it is appropriate to award compensation, but given the lack of accurate information to properly quantify the loss I must take a cautious approach. I will award $2,000.00.
There is not enough evidence to prove the claim for missing curtains and this part of the claim is dismissed. Repairs, cleaning
The claim sought $7,173.57 for repairs and cleaning.
The landlords did not submit the invoice that is relevant to this part of the claim before the hearing.
At the hearing, [The landlord/s] said that she had the invoice. She said that it related to repairs to walls, painting, and cleaning. 3 Section 49B(8)(b) RTA
I allowed [The landlord/s] the option of submitting the invoice by email after the hearing, which she did promptly.
The “invoice” is from [Contractor]. It is dated 16 August 2024, and therefore I suspect that it is a quote and not an invoice.
The quoted work includes repairs to walls, painting (complete repaint of interior) and cleaning, but also other work such as “internal and external gutter clean” and “applying architraves around the covered up fireplace to make more appealing”.
The end of tenancy photographs show damage to walls, in particular writing on the walls and holes. The photographs show that cleaning was necessary to return the premises to a reasonably clean and tidy standard.
There is no evidence of the condition of the walls at the start of the tenancy.
Applying the considerations set out above, I am satisfied that at least some damage has occurred during this tenancy, that painting of the walls was necessary due to the amount of writing, and that the landlord is entitled to compensation for repairs, painting and cleaning, but I will not award the full amount claimed on the grounds that: a. There is insufficient evidence of the condition of the premises at the start of the tenancy; and b. The invoice includes work that is not the tenant’s cost.
I will award $1500. Plumbing, electrical
The claim sought compensation for plumbing work ($203.17) and electrical work ($818.25).
The work that is detailed on the invoices is in the category of landlord maintenance and not tenant damage, except for a cost relating to connection of the hot water cylinder on the electrician’s invoice. I have made an award above in respect of the loss of the gas califont and stove.
The tenant is not liable for these invoices. Filing fee, name suppression, bond
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord has been substantially successful in the proceedings. 4 4 Section 95A(1) RTA
On the same grounds I will also award the landlord the filing fee for the application. 5
The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 5036631 — net $10,046.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024 (includes rent in lieu of notice for abandonment	$7,100.00	Rent arrears to 26 August 2024 (includes rent in lieu of notice for abandonment
Window repairs	$899.21	Window repairs
Rubbish removal and lawnmowing	$800.00	Rubbish removal and lawnmowing
Compensation: Gas califont and stove missing	$2,000.00	Gas califont and stove missing
Cleaning, repairs to walls, painting	$1,500.00	Cleaning, repairs to walls, painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,046.21
Total payable by Tenant to Landlord	$10,046.21

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 7 December 2021. In early August 2024, the landlords discovered that the tenant had abandoned the premises.
The landlords’ application seeks rent arrears, cleaning and rubbish removal, repairs, and replacement of missing chattels.
The hearing took place in [Event location suppressed] on 7 February 2025. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Tera. Rent arrears
The landlords’ rent record shows that some relatively minor rent arrears ($700.00) accrued from the beginning of the tenancy up to June 2024, due to one missed rent payment and a failure to update the rent payment amount after a rent increase.
Rent payments stopped entirely after 11 June 2024.
[The landlord/s] said that she attempted to contact the tenant, without success. In late July, she found that the tenant had abandoned the tenancy.
If a tenant abandons a tenancy, they remain liable for rent to the date that is 28 days from the date that the landlord discovered the abandonment. 1
The tenant is liable for rent up to 26 August 2024. There are proven rent arrears of $7,100.00 to that date. Cleaning, rubbish removal, lawnmowing
[The landlord/s] provided photographs showing the condition of the premises after she re-took possession.
The premises were not left reasonably clean and tidy. There was rubbish left behind, mostly outside the house, but also some large items of furniture inside. There was a large trampoline left on the section.
The lawns were overgrown.
The amount claimed for rubbish removal and lawnmowing (per two invoices from [Lawnmower]) is fair and reasonable.
The cleaning cost is included in an invoice from [Contractor], which also includes other repairs and painting. This invoice is discussed in more detail below. 1 Section 61(3) RTA, as it was in July 2024 when this abandonment occurred Windows
[The landlord/s] said that there were three broken windows and one broken glass pane in a door at the end of the tenancy.
The damage is not shown in the end of tenancy photographs.
In any claim for damage, the landlord must prove that the damage occurred during the period of the tenancy and that the damage is beyond fair wear and tear. 2
[The landlord/s] are experienced landlords with a substantial portfolio of properties. Despite their experience with vacated damages claims in the Tenancy Tribunal, their applications are frequently light on evidence. This application is a typical example.
There is no entry inspection report. Even the basic property inspection report in the tenancy agreement was not completed. There are no inspection reports (and, it seems, no inspections) during the tenancy. The end of the tenancy photographs are sparse.
In this instance: a. I accept that the property did not have three broken windows and a broken glass pane in the door at the start of the tenancy. I accept that the landlords would not have rented out a property with that damage, and the tenant would have raised a complaint if they had attempted to. b. The repair invoice from [Glazier] identifies the property address and describes the work carried out – re-glazing three windows and one door pane. c. On the balance of probabilities, I accept that this damage occurred and that it occurred during this tenancy. d. The tenant is liable for the re-glazing costs. Missing chattels
[The landlord/s] said that the following chattels were missing when they re-took possession of the premises: a. The curtains. b. The gas califont, which was mounted on the exterior of the house. c. The large gas stove.
[The landlord/s] provided photographs showing the califont and stove in situ before the start of the tenancy. One of the end of tenancy photographs shows 2 Section 49B(8) RTA the gap where the stove used to be. Another photograph shows the two large gas cylinders still present, but not against the wall of the house where they are supposed to be. The photographs do not show the area where the califont used to be. One or two photographs show windows without curtains.
[The landlord/s] did not replace the gas califont. They had an electric hot water cylinder installed to replace the gas water heating. They presumably replaced the gas stove with an electric stove, although this does not form part of their claim.
Their claim is for the cost of the hot water cylinder, approximately $3,000.00.
The evidence provided is sufficient to prove, to the “more likely than not” standard that applies in this Tribunal, that there was a gas stove and gas califont in the property at the start of the tenancy and that these items were missing at the end. It is not possible to know when and how this loss occurred. It is possible that property was broken into after the tenant abandoned it. However, if the landlord can prove that the loss / damage occurred during the tenancy (which in this instance did not end until 26 August 2024, then the tenant is liable for the loss / damage unless the tenant can prove that it was not caused by themselves or someone whose actions they are responsible for. 3 The tenant has not proven this, and therefore the tenant is liable for this loss.
The claim for a new water cylinder does not reflect the loss that the landlord suffered, which was a gas califont. [The landlord/s] said that it was less expensive to install a hot water cylinder than to replace the califont. Again, no evidence was provided in support of this.
No information at all was provided about the value of the existing gas stove or the cost of a new electric stove.
The landlords have proven that they suffered a loss and it is appropriate to award compensation, but given the lack of accurate information to properly quantify the loss I must take a cautious approach. I will award $2,000.00.
There is not enough evidence to prove the claim for missing curtains and this part of the claim is dismissed. Repairs, cleaning
The claim sought $7,173.57 for repairs and cleaning.
The landlords did not submit the invoice that is relevant to this part of the claim before the hearing.
At the hearing, [The landlord/s] said that she had the invoice. She said that it related to repairs to walls, painting, and cleaning. 3 Section 49B(8)(b) RTA
I allowed [The landlord/s] the option of submitting the invoice by email after the hearing, which she did promptly.
The “invoice” is from [Contractor]. It is dated 16 August 2024, and therefore I suspect that it is a quote and not an invoice.
The quoted work includes repairs to walls, painting (complete repaint of interior) and cleaning, but also other work such as “internal and external gutter clean” and “applying architraves around the covered up fireplace to make more appealing”.
The end of tenancy photographs show damage to walls, in particular writing on the walls and holes. The photographs show that cleaning was necessary to return the premises to a reasonably clean and tidy standard.
There is no evidence of the condition of the walls at the start of the tenancy.
Applying the considerations set out above, I am satisfied that at least some damage has occurred during this tenancy, that painting of the walls was necessary due to the amount of writing, and that the landlord is entitled to compensation for repairs, painting and cleaning, but I will not award the full amount claimed on the grounds that: a. There is insufficient evidence of the condition of the premises at the start of the tenancy; and b. The invoice includes work that is not the tenant’s cost.
I will award $1500. Plumbing, electrical
The claim sought compensation for plumbing work ($203.17) and electrical work ($818.25).
The work that is detailed on the invoices is in the category of landlord maintenance and not tenant damage, except for a cost relating to connection of the hot water cylinder on the electrician’s invoice. I have made an award above in respect of the loss of the gas califont and stove.
The tenant is not liable for these invoices. Filing fee, name suppression, bond
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord has been substantially successful in the proceedings. 4 4 Section 95A(1) RTA
On the same grounds I will also award the landlord the filing fee for the application. 5
The bond will be released to the landlord.

Tenancy Tribunal case 5036631 — Rent arrears

At a glance

Tenancy Tribunal case 5036631 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions