What was Tenancy Tribunal case 5065589 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 5065589?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Missing Heap Pump Remote And Mailbox…: $376.20 awarded to landlord; Property Damage: $138.00 awarded to landlord; Re-Tenanting Costs: $600.00 awarded to landlord; Curtain, Rails And Wall: $805.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Water Rates: $289.40 awarded to landlord

What type of tenancy dispute was case 5065589?

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

Where can I read the official tribunal order for case 5065589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11604007-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5065589 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 5065589?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Missing Heap Pump Remote And Mailbox…: $376.20 awarded to landlord; Property Damage: $138.00 awarded to landlord; Re-Tenanting Costs: $600.00 awarded to landlord; Curtain, Rails And Wall: $805.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Water Rates: $289.40 awarded to landlord

What type of tenancy dispute was case 5065589?

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

Where can I read the official tribunal order for case 5065589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11604007-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5065589 — Property damage

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New Zealand Tenancy Tribunal Case 5065589 — 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 5065589 — net $3,132.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$552.00	Carpet Cleaning
Lawns and Garden work	$45.00	Lawns and Garden work
Lock/key replacement	$138.00	Lock/key replacement
Repairs: curtain, rails and wall	$805.00	Repairs: curtain, rails and wall
Repairs: disposal repair	$300.00	Repairs: disposal repair
missing heap pump remote and mailbox key	$376.20	missing heap pump remote and mailbox key
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$289.40	Water rates
Re-tenanting costs	$600.00	Re-tenanting costs
Net award	$3,132.60
Total payable by Tenant to Landlord	$3,132.60

Claims and awards for application 5065589 — net $3,132.60 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $138.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: curtain, rails and wall

Amount: $805.00
Awarded to: Landlord
Reason: Repairs: curtain, rails and wall

Repairs: disposal repair

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: disposal repair

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Eileen Eruera must pay [The landlord/s] $3,132.60 immediately, calculated as shown in the table below.

Reasons

Only the landlord attended the hearing.
This was a one-year tenancy, due to expire on 26 July 2025. The landlord says this was a new build, and that the prior tenant was only there for 6 months.
The tenant vacated early, in December 2024. By the time the matter was first listed for hearing in January 2025, the tenant had already moved out.
The landlord has now applied for water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

I am satisfied that at the end of the tenancy, the tenant owes the landlord the sum ordered above for water.

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 claims that there were stains on the carpet. The landlord brought in a carpet cleaner to attempt to remove the stains. One of the stains had to be patched. I am satisfied that this cleaning was necessary and that the sum ordered above is reasonable.
The tenant did not return the keys for the property, a heat pump and the mailbox key. The amounts ordered above are reasonable. The contractor who supplied the new heat pump remote and mailbox key also repaired the disposal unit. It was not clear which amount which relates to which item, so I have allocated the amount ordered above for the heat pump and mail box key.
I am satisfied the lawns were overgrown and that the amount spent to trim them is reasonable.
The landlord is seeking a break lease fee of over $1300. This relates to the time spent mainly on the attendances following the end of the tenancy and then having to get a new tenant in. It includes the out-of-pocket advertisement for the property and credit check (in total $365.50).
I am prepared to allow some time for extra attendances but the amount claimed is not reasonable in my view. Including the out-of-pocket expenses just noted I will allow $600 in total.

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.
I am satisfied that the damage the landlord has alleged took place during the tenancy to the wall and curtains has taken place and that the cost of repair is reasonable. This was a near new bouse.
I am also satisfied that the disposal unit was damaged and that the amount claimed was reasonable.
The landlord has been successful so the filing fee is refunded.
The landlord is also successful in their application for name suppression on the grounds that they have succeed in the claim.

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 5065589 — net $3,132.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$552.00	Carpet Cleaning
Lawns and Garden work	$45.00	Lawns and Garden work
Lock/key replacement	$138.00	Lock/key replacement
Repairs: curtain, rails and wall	$805.00	Repairs: curtain, rails and wall
Repairs: disposal repair	$300.00	Repairs: disposal repair
missing heap pump remote and mailbox key	$376.20	missing heap pump remote and mailbox key
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$289.40	Water rates
Re-tenanting costs	$600.00	Re-tenanting costs
Net award	$3,132.60
Total payable by Tenant to Landlord	$3,132.60

Claims and awards for application 5065589 — net $3,132.60 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $552.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $138.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: curtain, rails and wall

Amount: $805.00
Awarded to: Landlord
Reason: Repairs: curtain, rails and wall

Repairs: disposal repair

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: disposal repair

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Eileen Eruera must pay [The landlord/s] $3,132.60 immediately, calculated as shown in the table below.

Reasons

Only the landlord attended the hearing.
This was a one-year tenancy, due to expire on 26 July 2025. The landlord says this was a new build, and that the prior tenant was only there for 6 months.
The tenant vacated early, in December 2024. By the time the matter was first listed for hearing in January 2025, the tenant had already moved out.
The landlord has now applied for water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

I am satisfied that at the end of the tenancy, the tenant owes the landlord the sum ordered above for water.

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 claims that there were stains on the carpet. The landlord brought in a carpet cleaner to attempt to remove the stains. One of the stains had to be patched. I am satisfied that this cleaning was necessary and that the sum ordered above is reasonable.
The tenant did not return the keys for the property, a heat pump and the mailbox key. The amounts ordered above are reasonable. The contractor who supplied the new heat pump remote and mailbox key also repaired the disposal unit. It was not clear which amount which relates to which item, so I have allocated the amount ordered above for the heat pump and mail box key.
I am satisfied the lawns were overgrown and that the amount spent to trim them is reasonable.
The landlord is seeking a break lease fee of over $1300. This relates to the time spent mainly on the attendances following the end of the tenancy and then having to get a new tenant in. It includes the out-of-pocket advertisement for the property and credit check (in total $365.50).
I am prepared to allow some time for extra attendances but the amount claimed is not reasonable in my view. Including the out-of-pocket expenses just noted I will allow $600 in total.

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.
I am satisfied that the damage the landlord has alleged took place during the tenancy to the wall and curtains has taken place and that the cost of repair is reasonable. This was a near new bouse.
I am also satisfied that the disposal unit was damaged and that the amount claimed was reasonable.
The landlord has been successful so the filing fee is refunded.
The landlord is also successful in their application for name suppression on the grounds that they have succeed in the claim.

Tenancy Tribunal case 5065589 — Property damage

At a glance

Tenancy Tribunal case 5065589 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water?

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 water?

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