What was Tenancy Tribunal case 5053792 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 5053792?

Cleaning: $300.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $40.00 awarded to landlord; Rent Arrears: $180.00 awarded to landlord; Walls And Painting: $650.00 awarded to landlord; Water Rates: $202.48 awarded to landlord

What type of tenancy dispute was case 5053792?

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

Where can I read the official tribunal order for case 5053792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11706734-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5053792 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 5053792?

Cleaning: $300.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $40.00 awarded to landlord; Rent Arrears: $180.00 awarded to landlord; Walls And Painting: $650.00 awarded to landlord; Water Rates: $202.48 awarded to landlord

What type of tenancy dispute was case 5053792?

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

Where can I read the official tribunal order for case 5053792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11706734-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5053792 — Property damage

Claims and awards in Tenancy Tribunal application 5053792 — net $1,549.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 November 2024	$180.00	Rent arrears to 5 November 2024
Water rates to 5 November 2024	$202.48	Water rates to 5 November 2024
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$150.00	Cleaning
Lightbulb replacement	$40.00	Lightbulb replacement
Repairs: Walls and painting	$650.00	Repairs: Walls and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,549.48
Total payable by Tenant to Landlord	$1,549.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $2,812.43 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced in December 2020.

How much is owed for rent and water rates?

The tenancy ended on 5 November 2024. The landlord provided rent records and water rates invoices which prove the amounts owing of $180.00 for rent arrears and $202.48 for water rates 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The landlord claims for both cleaning and carpet cleaning required at the end of the tenancy and has provided photographs in support. Invoices have also been provided of $430.00 for the carpet cleaning and $250.00 for the cleaning.
The tenant disputes that cleaning was required throughout the property and that they had endeavoured to clean the property.
The photographs show that although most of the property was relatively clean and tidy, there was some additional cleaning required and not all rubbish was removed correctly.
Accordingly, I have determined that the tenant should contribute to the costs incurred by the landlord and have awarded $300.00 towards carpet cleaning and $150.00 towards cleaning.
The landlord also had to replace light bulbs at a cost of $40.00, the amount is reasonable and although only supported by a summary invoice, is ordered.
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. Landlord’s damage claims
The landlord claims for damage throughout the property including to the walls, light shades, and wall lights, InSinkErator blockage, electrical works, and bath repair. Repairs
The landlord claims $662.91 for repairs to the property. This includes an amount for light bulbs ($40.00) that has already been awarded above.
An invoice has been provided summarising and itemising each repair required, however no supporting evidence has been provided for each of these amounts.
For example, with respect to the bath, the landlord says that that there was damage caused to the enamel, possibly from a type of acid. The tenant disputes that they did anything to cause this damage. The landlord relies on a quoted amount of $150.00 although there is nothing to support this amount, the works have not yet been done, and I am not satisfied that there is sufficient evidence for me to award this amount.
The damage to the light shades and wall lights was accepted to the extent that the shades had been broken (but not anything further). However, again, no evidence has been provided supporting this amount (for example, a lighting invoice).
Due to insufficient evidence of these amounts including in the summary “invoice”, the claim for repairs are all dismissed (save for the lightbulbs above). Walls
The landlord claims for damage caused to the walls through scuffs and dents throughout the property and has provided an invoice for $1,139.88 for preparing and painting to the walls. Photographs have also been provided.
The tenant accepts some of the damage to the walls but says that some of it is fair wear and tear and reflective of the tenancy term.
On review of the evidence, I agree that the tenant has carelessly caused some marks and dents to the walls, but that some would also be considered fair wear and tear, particularly after a four-year tenancy.
I have accordingly determined that it is appropriate that the tenant contribute $650.00 to this cost, to reflect the careless damage caused.
The following damage was caused during the tenancy: Damage to the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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.
Both parties have applied for name suppression. As both parties have had some level of success, I have granted name suppression to both the landlord and tenant. See section 95A of the RTA.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 11 April 2025

Claims and awards in Tenancy Tribunal application 5053792 — net $1,549.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 November 2024	$180.00	Rent arrears to 5 November 2024
Water rates to 5 November 2024	$202.48	Water rates to 5 November 2024
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$150.00	Cleaning
Lightbulb replacement	$40.00	Lightbulb replacement
Repairs: Walls and painting	$650.00	Repairs: Walls and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,549.48
Total payable by Tenant to Landlord	$1,549.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $2,812.43 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced in December 2020.

How much is owed for rent and water rates?

The tenancy ended on 5 November 2024. The landlord provided rent records and water rates invoices which prove the amounts owing of $180.00 for rent arrears and $202.48 for water rates 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The landlord claims for both cleaning and carpet cleaning required at the end of the tenancy and has provided photographs in support. Invoices have also been provided of $430.00 for the carpet cleaning and $250.00 for the cleaning.
The tenant disputes that cleaning was required throughout the property and that they had endeavoured to clean the property.
The photographs show that although most of the property was relatively clean and tidy, there was some additional cleaning required and not all rubbish was removed correctly.
Accordingly, I have determined that the tenant should contribute to the costs incurred by the landlord and have awarded $300.00 towards carpet cleaning and $150.00 towards cleaning.
The landlord also had to replace light bulbs at a cost of $40.00, the amount is reasonable and although only supported by a summary invoice, is ordered.
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. Landlord’s damage claims
The landlord claims for damage throughout the property including to the walls, light shades, and wall lights, InSinkErator blockage, electrical works, and bath repair. Repairs
The landlord claims $662.91 for repairs to the property. This includes an amount for light bulbs ($40.00) that has already been awarded above.
An invoice has been provided summarising and itemising each repair required, however no supporting evidence has been provided for each of these amounts.
For example, with respect to the bath, the landlord says that that there was damage caused to the enamel, possibly from a type of acid. The tenant disputes that they did anything to cause this damage. The landlord relies on a quoted amount of $150.00 although there is nothing to support this amount, the works have not yet been done, and I am not satisfied that there is sufficient evidence for me to award this amount.
The damage to the light shades and wall lights was accepted to the extent that the shades had been broken (but not anything further). However, again, no evidence has been provided supporting this amount (for example, a lighting invoice).
Due to insufficient evidence of these amounts including in the summary “invoice”, the claim for repairs are all dismissed (save for the lightbulbs above). Walls
The landlord claims for damage caused to the walls through scuffs and dents throughout the property and has provided an invoice for $1,139.88 for preparing and painting to the walls. Photographs have also been provided.
The tenant accepts some of the damage to the walls but says that some of it is fair wear and tear and reflective of the tenancy term.
On review of the evidence, I agree that the tenant has carelessly caused some marks and dents to the walls, but that some would also be considered fair wear and tear, particularly after a four-year tenancy.
I have accordingly determined that it is appropriate that the tenant contribute $650.00 to this cost, to reflect the careless damage caused.
The following damage was caused during the tenancy: Damage to the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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.
Both parties have applied for name suppression. As both parties have had some level of success, I have granted name suppression to both the landlord and tenant. See section 95A of the RTA.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 11 April 2025

Tenancy Tribunal case 5053792 — Property damage

At a glance

Tenancy Tribunal case 5053792 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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