What was Tenancy Tribunal case 5102329 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 5102329?

Cleaning: $70.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,960.00 awarded to landlord

What type of tenancy dispute was case 5102329?

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

Where can I read the official tribunal order for case 5102329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11802198-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5102329 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 5102329?

Cleaning: $70.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,960.00 awarded to landlord

What type of tenancy dispute was case 5102329?

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

Where can I read the official tribunal order for case 5102329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11802198-Tribunal_Order_Redacted.pdf.

1 Rishworth Street, Waiwhetu, Lower Hutt 5010 Tenancy Tribunal Case 5102329 — Rent arrears

Claims and awards in Tenancy Tribunal application 5102329 — net $976.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$1,960.00	Rent arrears at end of tenancy
Window repairs	$189.75	Window repairs
Wall repair	$200.00	Wall repair
Cleaning	$70.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$976.75
Total payable by Tenant to Landlord	$976.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
Diane Cowley must pay [The landlord/s] $976.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,470.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears at end of tenancy$1,960.00 Window repairs$189.75 Wall repair$200.00 Cleaning$70.00 Filing fee reimbursement$27.00 Total award$2,446.75 Minus bond- $1,470.00 Total payable by Tenant to Landlord$976.75

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence. I note that the hearing was adjourned on 18 March 2025 because of health related difficulties for the tenant, and the hearing was then rescheduled to 6 May 2025 (today).
The Tribunal has had no further contact from the tenant, and in the circumstances, I consider the hearing must now proceed to be heard.

BACKGROUND

The tenancy commenced on 17 December 2022, as a fixed-term tenancy. There was a renewal of the tenancy agreement, but the tenancy ended by agreement, with possession being returned to the landlord on Monday 11 November 2024.
The landlord states the tenant did not wish to do a final inspection, just left the key.
The landlord now claims various amounts at the end of the tenancy.

APPLICANTS CLAIMS

At the hearing, the applicant confirmed their claims are as follows: a. Rent arrears of $1960.00 b. Broken window $189.75 c. Painting wall behind dart board $200.00 d. Cleaning for two hours $70.00 e. Filing fee $27.00

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

Claim 1 – Rent arrears

The landlord has claimed rent arrears as of 7 November 2024. Analysis
The landlord claims rent arrears to 7 November 2024, and has provided his rent ledger that sets out how that was calculated. I have no reason to consider the rent ledger is incorrect, so this order is made in full. Claim 2 – Broken window
The landlord states that one of the windows was broken when the premises were returned, and the actual cost for the repair was $189.75. The tenant did not provide any explanation as to how the window was broken. Analysis
When a landlord seeks compensation for damage to premises, the landlord must establish that the damage occurred during the tenancy, and was not fair wear and tear. I am satisfied the landlord has proven that.
Then to avoid liability, the tenant must prove the damage was not caused carelessly or intentionally. The tenant has not provided any explanation for this damage, so I find she has not disproven liability.
The claim is ordered in full. Claim 3 – Painting wall
The landlord has claimed $200.00 for repair and repainting of a wall damaged by darts (behind a dart board). Analysis
The landlord’s evidence was that the tenant had a dart board, and that the wall was damaged from darts hitting the wall.
Again I am satisfied that this damage is likely to have occurred during the tenancy, and is beyond fair wear and tear. The tenant has not shown the damage is not careless or intentional damage, so this claim is also established.
The repair cost seems reasonable. Claim 4 - Cleaning
The landlord has claimed $70.00 for cleaning, particularly the oven. Analysis
The Residential Tenancies Act 1986 (RTA) requires that the tenant return the premises to the landlord in a reasonably clean state. The oven was I find, very dirty, and not close to a reasonably clean state. The amount claimed for cleaning the oven is proportionate to the work needed, so this is ordered in full. Claim 5 – Filing fee
The landlord claims the filing fee paid to commence this proceeding, being $27.00. Analysis
Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has requested name suppression, and given the landlord was wholly successful, landlord name suppression is ordered.

Claims and awards in Tenancy Tribunal application 5102329 — net $976.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$1,960.00	Rent arrears at end of tenancy
Window repairs	$189.75	Window repairs
Wall repair	$200.00	Wall repair
Cleaning	$70.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$976.75
Total payable by Tenant to Landlord	$976.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
Diane Cowley must pay [The landlord/s] $976.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,470.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears at end of tenancy$1,960.00 Window repairs$189.75 Wall repair$200.00 Cleaning$70.00 Filing fee reimbursement$27.00 Total award$2,446.75 Minus bond- $1,470.00 Total payable by Tenant to Landlord$976.75

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence. I note that the hearing was adjourned on 18 March 2025 because of health related difficulties for the tenant, and the hearing was then rescheduled to 6 May 2025 (today).
The Tribunal has had no further contact from the tenant, and in the circumstances, I consider the hearing must now proceed to be heard.

BACKGROUND

The tenancy commenced on 17 December 2022, as a fixed-term tenancy. There was a renewal of the tenancy agreement, but the tenancy ended by agreement, with possession being returned to the landlord on Monday 11 November 2024.
The landlord states the tenant did not wish to do a final inspection, just left the key.
The landlord now claims various amounts at the end of the tenancy.

APPLICANTS CLAIMS

At the hearing, the applicant confirmed their claims are as follows: a. Rent arrears of $1960.00 b. Broken window $189.75 c. Painting wall behind dart board $200.00 d. Cleaning for two hours $70.00 e. Filing fee $27.00

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

Claim 1 – Rent arrears

The landlord has claimed rent arrears as of 7 November 2024. Analysis
The landlord claims rent arrears to 7 November 2024, and has provided his rent ledger that sets out how that was calculated. I have no reason to consider the rent ledger is incorrect, so this order is made in full. Claim 2 – Broken window
The landlord states that one of the windows was broken when the premises were returned, and the actual cost for the repair was $189.75. The tenant did not provide any explanation as to how the window was broken. Analysis
When a landlord seeks compensation for damage to premises, the landlord must establish that the damage occurred during the tenancy, and was not fair wear and tear. I am satisfied the landlord has proven that.
Then to avoid liability, the tenant must prove the damage was not caused carelessly or intentionally. The tenant has not provided any explanation for this damage, so I find she has not disproven liability.
The claim is ordered in full. Claim 3 – Painting wall
The landlord has claimed $200.00 for repair and repainting of a wall damaged by darts (behind a dart board). Analysis
The landlord’s evidence was that the tenant had a dart board, and that the wall was damaged from darts hitting the wall.
Again I am satisfied that this damage is likely to have occurred during the tenancy, and is beyond fair wear and tear. The tenant has not shown the damage is not careless or intentional damage, so this claim is also established.
The repair cost seems reasonable. Claim 4 - Cleaning
The landlord has claimed $70.00 for cleaning, particularly the oven. Analysis
The Residential Tenancies Act 1986 (RTA) requires that the tenant return the premises to the landlord in a reasonably clean state. The oven was I find, very dirty, and not close to a reasonably clean state. The amount claimed for cleaning the oven is proportionate to the work needed, so this is ordered in full. Claim 5 – Filing fee
The landlord claims the filing fee paid to commence this proceeding, being $27.00. Analysis
Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has requested name suppression, and given the landlord was wholly successful, landlord name suppression is ordered.

Tenancy Tribunal case 5102329 — Rent arrears at 1 Rishworth Street, Waiwhetu, Lower Hutt 5010

At a glance

Tenancy Tribunal case 5102329 — Rent arrears at 1 Rishworth Street, Waiwhetu, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

APPLICANTS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

APPLICANTS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions