What was Tenancy Tribunal case 5050072 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 5050072?

Chimney: $125.00 awarded to landlord; Cleaning: $25.00 awarded to landlord; Cleaning: $125.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $37.50 awarded to landlord; Property Damage: $1,085.91 awarded to landlord; Rent Arrears: $5,505.71 awarded to landlord; Black Light Fitting: $38.80 awarded to landlord; Curtains: $50.00 awarded to landlord; Light: $25.00 awarded to landlord; Walls and Doors: $85.00 awarded to landlord; Replace furnishings: Curtain rod end…: $119.00 awarded to landlord; Replace furnishings: Heat pump remot…: $59.00 awarded to landlord; Replace Switch Board Switches: $670.45 awarded to landlord

What type of tenancy dispute was case 5050072?

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

Where can I read the official tribunal order for case 5050072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856174-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5050072 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 5050072?

Chimney: $125.00 awarded to landlord; Cleaning: $25.00 awarded to landlord; Cleaning: $125.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $37.50 awarded to landlord; Property Damage: $1,085.91 awarded to landlord; Rent Arrears: $5,505.71 awarded to landlord; Black Light Fitting: $38.80 awarded to landlord; Curtains: $50.00 awarded to landlord; Light: $25.00 awarded to landlord; Walls and Doors: $85.00 awarded to landlord; Replace furnishings: Curtain rod end…: $119.00 awarded to landlord; Replace furnishings: Heat pump remot…: $59.00 awarded to landlord; Replace Switch Board Switches: $670.45 awarded to landlord

What type of tenancy dispute was case 5050072?

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

Where can I read the official tribunal order for case 5050072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856174-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5050072 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5050072 — net $7,193.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 January 2025	$5,505.71	Rent arrears to 1 January 2025
Repairs: Light	$25.00	Repairs: Light
Oven/stove cleaning	$25.00	Oven/stove cleaning
Repairs: Curtains	$50.00	Repairs: Curtains
Cleaning: Shed (including rubbish disposal	$115.00	Cleaning: Shed (including rubbish disposal
Cleaning: General	$125.00	Cleaning: General
Replace furnishings: Curtain rod ends	$119.00	Replace furnishings: Curtain rod ends
Replace furnishings: Heat pump remote	$59.00	Replace furnishings: Heat pump remote
Lawns and Garden work	$37.50	Lawns and Garden work
Lock/key replacement	$1,085.91	Lock/key replacement
Replace switch board switches	$670.45	Replace switch board switches
Chimney	$125.00	Chimney
Repairs: Walls and doors repair	$85.00	Repairs: Walls and doors repair
Repairs: Black light fitting	$38.80	Repairs: Black light fitting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,193.37
Total payable by Tenant to Landlord	$7,193.37

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 255.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 January 2025. The landlord provided rent records which prove the amount owing of $5.505.71 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 landlord says that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord submits that: a. The oven required cleaning at a cost of $25.00. b. There was significant clean-up of the shed required as well as disposal of rubbish (including appliances with cut cords, an old desk, and drawers) at a cost of $115.00 (including refuse disposal fees). c. The house required general cleaning at a cost of $125.00.

The lawns and exterior also required maintenance, including mowing and weed whacking at a cost of $37.50.

Photographs have been provided in support of these claims.

The tenant did not return all five keys for the property and removed a padlock and key to the woodshed. The keys included one back ranch slider door that had a key broken in it. The landlord was required to replace the missing woodshed padlock and engage a locksmith to change all the locks at a total cost of $1,085.91.

The following chattels were missing at the end of the tenancy: Curtain rod ends, heat pump remote and switch board switches.

These were required to be replaced at a cost of $119.00 for the curtain rod ends, $59.00 for the heat pump remote and $670.45 for the switch board switches replacement and installation.

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. Damages claimed

The landlord claims that during the tenancy the tenant caused damage to the property resulting in repairs being required. This included: a. Pulling a light away from a beam and breaking a black light off a fitting requiring repair, replacement, or installation ($25.00 and $38.80). b. Cutting the curtains at the bottom requiring repair ($50.00). c. Burning plastics and metal requiring the chimney to be swept and cleaned ($125.00). d. Damaging the walls and doors requiring plaster, painting, repainting, door stop plaster, repair to gate locking mechanism and repair to door frame ($85.00).

Photographs of the damage have been provided.

I am satisfied the following damage was caused during the tenancy: lights, curtains, chimney, walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord also claimed for the cost to put the required information together for this claim. Although I accept that the landlord has had to do this, costs are rarely awarded in the Tribunal and this cost is to be absorbed by the landlord.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 16 May 2025

Claims and awards in Tenancy Tribunal application 5050072 — net $7,193.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 January 2025	$5,505.71	Rent arrears to 1 January 2025
Repairs: Light	$25.00	Repairs: Light
Oven/stove cleaning	$25.00	Oven/stove cleaning
Repairs: Curtains	$50.00	Repairs: Curtains
Cleaning: Shed (including rubbish disposal	$115.00	Cleaning: Shed (including rubbish disposal
Cleaning: General	$125.00	Cleaning: General
Replace furnishings: Curtain rod ends	$119.00	Replace furnishings: Curtain rod ends
Replace furnishings: Heat pump remote	$59.00	Replace furnishings: Heat pump remote
Lawns and Garden work	$37.50	Lawns and Garden work
Lock/key replacement	$1,085.91	Lock/key replacement
Replace switch board switches	$670.45	Replace switch board switches
Chimney	$125.00	Chimney
Repairs: Walls and doors repair	$85.00	Repairs: Walls and doors repair
Repairs: Black light fitting	$38.80	Repairs: Black light fitting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,193.37
Total payable by Tenant to Landlord	$7,193.37

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Samantha Dutton must pay [The landlord/s] $7,193.37 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 255.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 January 2025. The landlord provided rent records which prove the amount owing of $5.505.71 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 landlord says that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submits that: a. The oven required cleaning at a cost of $25.00. b. There was significant clean-up of the shed required as well as disposal of rubbish (including appliances with cut cords, an old desk, and drawers) at a cost of $115.00 (including refuse disposal fees). c. The house required general cleaning at a cost of $125.00.
The lawns and exterior also required maintenance, including mowing and weed whacking at a cost of $37.50.
Photographs have been provided in support of these claims.
The tenant did not return all five keys for the property and removed a padlock and key to the woodshed. The keys included one back ranch slider door that had a key broken in it. The landlord was required to replace the missing woodshed padlock and engage a locksmith to change all the locks at a total cost of $1,085.91.
The following chattels were missing at the end of the tenancy: Curtain rod ends, heat pump remote and switch board switches.
These were required to be replaced at a cost of $119.00 for the curtain rod ends, $59.00 for the heat pump remote and $670.45 for the switch board switches replacement and installation.
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. Damages claimed
The landlord claims that during the tenancy the tenant caused damage to the property resulting in repairs being required. This included: a. Pulling a light away from a beam and breaking a black light off a fitting requiring repair, replacement, or installation ($25.00 and $38.80). b. Cutting the curtains at the bottom requiring repair ($50.00). c. Burning plastics and metal requiring the chimney to be swept and cleaned ($125.00). d. Damaging the walls and doors requiring plaster, painting, repainting, door stop plaster, repair to gate locking mechanism and repair to door frame ($85.00).
Photographs of the damage have been provided.
I am satisfied the following damage was caused during the tenancy: lights, curtains, chimney, walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also claimed for the cost to put the required information together for this claim. Although I accept that the landlord has had to do this, costs are rarely awarded in the Tribunal and this cost is to be absorbed by the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 16 May 2025

Tenancy Tribunal case 5050072 — Rent arrears

At a glance

Tenancy Tribunal case 5050072 — Rent arrears

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