What was Tenancy Tribunal case 5100442 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 5100442?

Cleaning: $379.50 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $9,228.57 awarded to landlord; Property Damage: $226.95 awarded to landlord; Property Damage: $2,275.00 awarded to landlord; Broken Kitchen Cupboard: $563.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $8,766.54 awarded to landlord; Laundry Door: $483.00 awarded to landlord; Laundry Tap: $471.50 awarded to landlord; Painting: $3,650.00 awarded to landlord; Replace Waste Disposal: $394.38 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord; Smoke Alarms: $28.75 awarded to landlord

What type of tenancy dispute was case 5100442?

The primary dispute was Property damage. Related themes: Lost Rent, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5100442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11857138-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5100442 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 5100442?

Cleaning: $379.50 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $9,228.57 awarded to landlord; Property Damage: $226.95 awarded to landlord; Property Damage: $2,275.00 awarded to landlord; Broken Kitchen Cupboard: $563.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $8,766.54 awarded to landlord; Laundry Door: $483.00 awarded to landlord; Laundry Tap: $471.50 awarded to landlord; Painting: $3,650.00 awarded to landlord; Replace Waste Disposal: $394.38 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord; Smoke Alarms: $28.75 awarded to landlord

What type of tenancy dispute was case 5100442?

The primary dispute was Property damage. Related themes: Lost Rent, Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5100442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11857138-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5100442 — Property damage

Tenantcheck Insights

Reasons

Appearances

Claims and awards in Tenancy Tribunal application 5100442 — net $29,114.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$226.95	Window repairs
Repairs: Holes in walls and ripped wallpaper repairs of damage	$8,766.54	Repairs: Holes in walls and ripped wallpaper repairs of damage
Repairs: Painting	$3,650.00	Repairs: Painting
Repairs: Laundry door	$483.00	Repairs: Laundry door
Repairs: Laundry tap	$471.50	Repairs: Laundry tap
Repairs: Broken kitchen cupboard	$563.50	Repairs: Broken kitchen cupboard
Repairs: Garage door (insurance excess	$1,000.00	Repairs: Garage door (insurance excess
Replace smoke alarm	$28.75	Replace smoke alarm
Cleaning and garden maintenance	$1,200.00	Cleaning and garden maintenance
Carpet Cleaning	$379.50	Carpet Cleaning
Carpet replacement	$2,275.00	Carpet replacement
Rubbish removal	$419.75	Rubbish removal
Replace waste disposal	$394.38	Replace waste disposal
Lost rent 8 December 2023 to 22 February 2024	$9,228.57	Lost rent 8 December 2023 to 22 February 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$29,114.44
Total payable by Tenant to Landlord	$29,114.44

The landlord attended the hearing. The tenant did not.

10 minutes before today’s scheduled hearing, the tenant emailed registry seeking an adjournment of today’s hearing for the following reasons: a. She had no way of getting herself and her 6 children back to Auckland to attend the hearing; b. This is the first time she has been able to engage with the process as when she received the first communications about the hearing she was experiencing some mental health challenges; c. She has spoken to her social worker and was advised to request an adjournment; d. She accepts liability for some of the landlord’s damage claims but refutes responsibility for other claims.

I did not receive this adjournment request until after the hearing.

I note that: a. The landlord made this application on 10 December 2024 and the tenant has been sent the application and evidence the landlord has filed. Therefore, she has also had time to submit a written response to these claims if she wanted to defend them and was unable to attend the hearing; b. The tenant has been aware of this hearing date since she received the notice of hearing on 23 April 2025. She has had plenty of time to apply for an adjournment without waiting until so late on the morning of the hearing to do so. She has also had time to make a request to attend the hearing via the telephone if she was unable to attend in person and she did not; c. The tenant refused to participate in the mediation by answering the mediator’s call and then when she discovered it was the mediator calling she hung up and then did not answer the phone when the mediator tried to call back; and d. The landlord also informed me that the tenant was in contact with him yesterday via email, on the same email address as the notice of hearing and hearing reminders were sent too. This confirms the tenant has been getting all the communications from the Tribunal and has had ample opportunity to engage with the process in the period 10 December 2024 to 16 May 2025.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend when there were options open to her to attend via the telephone or via a video hearing if she is currently outside of Auckland. The owner of the premise confirmed to me at the hearing today that he had travelled from outside of Auckland to attend the in person hearing today at his expense to give the tenant the opportunity to defend his claims in person.

Had I received the adjournment request, prior to the commencement of the hearing today, for all the reasons set out above, that adjournment request would not have been granted. Claims

The landlord has applied for lost rent, compensation, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 8 December 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 10 December 2024.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”

The landlord gave evidence that: a. The tenant was in contact with the landlord yesterday via email, on the same email address as the notice of hearing and hearing reminders were sent too. This confirms the tenant has been getting all the communications about this proceeding from the Tribunal; b. The landlord has tried to contact the tenant regarding this proceeding and has had no response up until yesterday; c. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; d. Tenancy Services sent the tenant the notice of hearing by email on 23 April 2025 to the tenant’s email address and text her a reminder about the hearing on the same day.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA and that the tenant was aware of the hearing today. Lost rent

The tenancy ended on 8 December 2023. The landlord provided evidence that proves the premise was handed over in a poor condition, such that the premise was unable to be re-rented for a period of 10 weeks and 6 days while extensive remedial work was carried out on the premise due to the damage caused by the tenant during the tenancy and the premise not being left in a reasonably clean and tidy state.

I award $9,228.57 lost rent to the landlord for the period 9 December 2023 to 22 February 2024 (the date the new tenant moved into the premise) being a period of 10 weeks and 6 days at the reduced rental rate of $850 per week.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The smoke alarm was also missing at the end of the tenancy and had to be replaced.

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.

The following damage was caused during the tenancy: a. Two broken windows (minor dwelling lounge and main dwelling dining room); b. Sliding door in the laundry off its hinges and broken; c. Missing hinges, broken hinges or missing pieces from the hinges; d. Door lock broken; e. Damage to exterior fibre cladding of house by garage; f. Damage to exterior panels of sleepout and garage; g. Repairs to laundry tub; h. Minor dwelling laundry tap broken and needed replacing; i. Numerous holes, dents, scraps and marks on nearly every wall throughout the main dwelling and minor dwelling (not covered by the landlord’s insurance as deemed to be intentional rather than careless damage); j. Damage to the ceiling throughout the main dwelling k. Large chips and damage to the main door leading to the hallway from the lounge in the main dwelling; l. Hole in door to the main bedroom hole that needed to be repaired, plastered, and painted; m. Wallpaper ripped at the seams where the drops join leaving the wall exposed requiring repair to the wall, plaster and repainting; n. Broken and removed kitchen cupboards; o. Damaged garage door (The landlord asked the tenants about the large dent in the top of the garage door The tenant stated it was from a break in. The landlord asked for police report and never received one. The landlord has never received any evidence from the tenant to prove this claim. The insurance assessor assessed this as careless damage and insurance has paid the claim. The excess was $1,000.00.); p. Damage to the carpet in the master bedroom and bedrooms 2 and 3 from dog faeces and dog urine that had stained and damaged the carpet and underlay resulting in these areas of carpet having to be replaced. These costs were not covered by insurance as each incident of dog excrement was considered an incident and a claim and the damage considered intentional as the dog was left locked in bedrooms when the tenant was not at home.

I am satisfied that the premise had been fully renovated by the owner jus prior to this tenancy as the owner had lived in it himself with his family. The evidence shows the premise was in excellent condition at the start of the tenancy and also shows significant damage that cannot have been caused accidentally. I find the damage is from the tenants’ careless acts or omissions or the acts or omissions of persons in the premise with her consent. 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Reasons

Appearances

Claims and awards in Tenancy Tribunal application 5100442 — net $29,114.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$226.95	Window repairs
Repairs: Holes in walls and ripped wallpaper repairs of damage	$8,766.54	Repairs: Holes in walls and ripped wallpaper repairs of damage
Repairs: Painting	$3,650.00	Repairs: Painting
Repairs: Laundry door	$483.00	Repairs: Laundry door
Repairs: Laundry tap	$471.50	Repairs: Laundry tap
Repairs: Broken kitchen cupboard	$563.50	Repairs: Broken kitchen cupboard
Repairs: Garage door (insurance excess	$1,000.00	Repairs: Garage door (insurance excess
Replace smoke alarm	$28.75	Replace smoke alarm
Cleaning and garden maintenance	$1,200.00	Cleaning and garden maintenance
Carpet Cleaning	$379.50	Carpet Cleaning
Carpet replacement	$2,275.00	Carpet replacement
Rubbish removal	$419.75	Rubbish removal
Replace waste disposal	$394.38	Replace waste disposal
Lost rent 8 December 2023 to 22 February 2024	$9,228.57	Lost rent 8 December 2023 to 22 February 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$29,114.44
Total payable by Tenant to Landlord	$29,114.44