What was Tenancy Tribunal case 5072608 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 5072608?

Cleaning: $3,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5072608?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5072608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11658484-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5072608 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 5072608?

Cleaning: $3,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5072608?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5072608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11658484-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5072608 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5072608 — net $6,107.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 October 2024	$2,880.00	Rent arrears to 15 October 2024
Cleaning and repairs contribution	$3,200.00	Cleaning and repairs contribution
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,107.00
Total payable by Tenant to Landlord	$6,107.00

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 742.

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

How much is owed for rent?

The tenancy ended on 15 October 2024. The landlord provided rent records which prove the amount owing of $2,880.00 at the end of the tenancy. Did the tenant comply with their obligations at the end of the tenancy and is the tenant responsible for damage to the premises?

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.

With respect to damage, 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.

The landlord claims that the property was brand new prior to the tenancy commencing and there was significant damage to the property caused by the tenant. An invoice totalling $4,554.00 has been provided for required works.

The invoice includes amounts for cleaning the walls, doors, and ceilings, fixing a broken toilet roll holder, fixing a toilet seat, patching, and repairing the damaged weatherboard and providing a new letterbox – that the landlord says was missing at the end of the tenancy. Photographs have been provided of the damaged walls and doors.

The invoice also includes items such as fixing the kitchen tap, installing roller blind strainers, front door lock reset and batteries replacement. All of which I cannot see in photographs or could be considered maintenance and not items that the tenant would ordinarily be liable for. The invoice does not itemise each individual item, and so I have had to make an assessment, based on all evidence before me.

The photographs show that damage was likely caused to several of the walls through the intentional installation of hooks, screws, and brackets. Other photographs show damage that was likely careless, with multiple small holes in several walls.

Accordingly, I find that the tenant is liable to contribute $3,200.00 to the total cleaning and repair invoice. This is to reflect the wall damage evident in photographs, and throughout the property, is likely to be a larger portion of the total claimed invoice.

The following damage was caused during the tenancy: damage to the 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.

I have taken into account 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.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 1 April 2025

Reasons

Claims and awards in Tenancy Tribunal application 5072608 — net $6,107.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 October 2024	$2,880.00	Rent arrears to 15 October 2024
Cleaning and repairs contribution	$3,200.00	Cleaning and repairs contribution
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,107.00
Total payable by Tenant to Landlord	$6,107.00

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 742.

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

How much is owed for rent?

The following damage was caused during the tenancy: damage to the 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.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 1 April 2025

Tenancy Tribunal case 5072608 — Cleanliness

At a glance

Tenancy Tribunal case 5072608 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions