How much money was awarded in case 5121048?

Break Lease Fee: $815.50 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: $1,181.00 awarded to landlord; Painting: $5,980.00 awarded to landlord; Parking: $35.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $4,628.57 awarded to landlord; Mattress: $185.40 awarded to landlord; Queen Bed: $450.00 awarded to landlord; Replace Carpet: $1,100.00 awarded to landlord; Replace Furnishings: $140.00 awarded to landlord; Replace Furnishings: Sofa: $419.40 awarded to landlord; Replace Furnishings: Television: $80.00 awarded to landlord; Replace Light/Fan Cluster: $150.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord; Travel: $95.00 awarded to landlord

What type of tenancy dispute was case 5121048?

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

Where can I read the official tribunal order for case 5121048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11617697-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5121048?

Break Lease Fee: $815.50 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: $1,181.00 awarded to landlord; Painting: $5,980.00 awarded to landlord; Parking: $35.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $4,628.57 awarded to landlord; Mattress: $185.40 awarded to landlord; Queen Bed: $450.00 awarded to landlord; Replace Carpet: $1,100.00 awarded to landlord; Replace Furnishings: $140.00 awarded to landlord; Replace Furnishings: Sofa: $419.40 awarded to landlord; Replace Furnishings: Television: $80.00 awarded to landlord; Replace Light/Fan Cluster: $150.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord; Travel: $95.00 awarded to landlord

What type of tenancy dispute was case 5121048?

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

Where can I read the official tribunal order for case 5121048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11617697-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5121048 — Rent arrears

Q: What was Tenancy Tribunal case 5121048 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5121048 — net $15,109.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/02/2025	$4,628.57	Rent arrears to 15/02/2025
Break lease fee	$815.50	Break lease fee
Replace carpet	$1,100.00	Replace carpet
Replace furnishings: Television	$80.00	Replace furnishings: Television
Replace furnishings: Sofa	$419.40	Replace furnishings: Sofa
Repairs: Mattress	$185.40	Repairs: Mattress
Rubbish removal	$175.00	Rubbish removal
Replace furnishings	$140.00	Replace furnishings
Replace light/fan cluster	$150.00	Replace light/fan cluster
Repairs: Queen bed	$450.00	Repairs: Queen bed
Labour	$1,181.00	Labour
Travel	$95.00	Travel
Parking	$35.00	Parking
Painting	$5,980.00	Painting
Repairs	$500.00	Repairs
Cleaning	$747.50	Cleaning
__________________________________________________________________________________ 51210482 Filing fee reimbursement	$27.00	__________________________________________________________________________________ 51210482 Filing fee reimbursement
Net award	$15,109.37
Total payable by Tenant to Landlord	$15,109.37

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

TAHNEE KATARYNA TE RIRE must pay [The landlord/s] $15,109.37 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 17 March 2025. The tenant did not.

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

The tenancy began on 2 July 2021.

The tenant signed her last fixed-term tenancy commencing on 26 February 2023 to end on 15 February 2025.

On 3 December 2024, the tenant emailed the landlord giving notice to end the tenancy. The landlord reminded her that she could not terminate the tenancy as it was fixed-term tenancy.

The tenant said that she and her children got trapped in the elevator on 8 December 2024. That seemed to have been one of the reasons she was relying on to leave the tenancy.

On 13 December 2024, the tenant confirmed that she had moved out of the premises already. The rent was paid to 10 December 2024.

The landlord sought for rent arrears of $4,628.57 being rent to 15 February 2025.

As this was for a fixed-term tenancy and there was no agreement or application to reduce the term, I grant the landlord’s application for rent arrears.

I accept that the landlord had to incur costs for listing the premises before the end of the fixed-term tenancy. Therefore, I order the tenant to pay the landlord $815.50 for the break lease fee.

For damage claims, 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 Residential Tenancies Act 1986 (“RTA”).

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. See section 49B(3)(a) 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.

The Tribunal also needs to take 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.

Having seen the photos, I find that the landlord has proven the claims.

I order the tenant to pay the landlord $5,980.00 for painting the walls. I find that the damages were intentionally caused. There were multiple plaster patches in the photos.

There were repairs required for window, bedroom door, kitchen drawer and the front door. I order the tenant to pay the landlord $500.00 for damages.

I find that the landlord has proven the need for cleaning. I order the tenant to pay the landlord $747.50 for cleaning.

Having considered depreciation, I order the tenant to pay the landlord $1,100.00 for carpet replacement, $80.00 for television replacement, $419.40 for sofa replacement, $185.40 for mattress, $175.00 for rubbish disposal, $140.00 for damaged tall boy, $150.00 for replacement light/fan cluster, $450.00 for queen bed, $1,181.00 for labour, $95.00 for contractor’s travel and $35.00 for parking.

Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5121048 — net $15,109.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/02/2025	$4,628.57	Rent arrears to 15/02/2025
Break lease fee	$815.50	Break lease fee
Replace carpet	$1,100.00	Replace carpet
Replace furnishings: Television	$80.00	Replace furnishings: Television
Replace furnishings: Sofa	$419.40	Replace furnishings: Sofa
Repairs: Mattress	$185.40	Repairs: Mattress
Rubbish removal	$175.00	Rubbish removal
Replace furnishings	$140.00	Replace furnishings
Replace light/fan cluster	$150.00	Replace light/fan cluster
Repairs: Queen bed	$450.00	Repairs: Queen bed
Labour	$1,181.00	Labour
Travel	$95.00	Travel
Parking	$35.00	Parking
Painting	$5,980.00	Painting
Repairs	$500.00	Repairs
Cleaning	$747.50	Cleaning
__________________________________________________________________________________ 51210482 Filing fee reimbursement	$27.00	__________________________________________________________________________________ 51210482 Filing fee reimbursement
Net award	$15,109.37
Total payable by Tenant to Landlord	$15,109.37

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
TAHNEE KATARYNA TE RIRE must pay [The landlord/s] $15,109.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 17 March 2025. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 2 July 2021.
The tenant signed her last fixed-term tenancy commencing on 26 February 2023 to end on 15 February 2025.
On 3 December 2024, the tenant emailed the landlord giving notice to end the tenancy. The landlord reminded her that she could not terminate the tenancy as it was fixed-term tenancy.
The tenant said that she and her children got trapped in the elevator on 8 December 2024. That seemed to have been one of the reasons she was relying on to leave the tenancy.
On 13 December 2024, the tenant confirmed that she had moved out of the premises already. The rent was paid to 10 December 2024.
The landlord sought for rent arrears of $4,628.57 being rent to 15 February 2025.
As this was for a fixed-term tenancy and there was no agreement or application to reduce the term, I grant the landlord’s application for rent arrears.
I accept that the landlord had to incur costs for listing the premises before the end of the fixed-term tenancy. Therefore, I order the tenant to pay the landlord $815.50 for the break lease fee.
For damage claims, 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 Residential Tenancies Act 1986 (“RTA”).
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. See section 49B(3)(a) 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.
The Tribunal also needs to take 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.
Having seen the photos, I find that the landlord has proven the claims.
I order the tenant to pay the landlord $5,980.00 for painting the walls. I find that the damages were intentionally caused. There were multiple plaster patches in the photos.
There were repairs required for window, bedroom door, kitchen drawer and the front door. I order the tenant to pay the landlord $500.00 for damages.
I find that the landlord has proven the need for cleaning. I order the tenant to pay the landlord $747.50 for cleaning.
Having considered depreciation, I order the tenant to pay the landlord $1,100.00 for carpet replacement, $80.00 for television replacement, $419.40 for sofa replacement, $185.40 for mattress, $175.00 for rubbish disposal, $140.00 for damaged tall boy, $150.00 for replacement light/fan cluster, $450.00 for queen bed, $1,181.00 for labour, $95.00 for contractor’s travel and $35.00 for parking.
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5121048 — Rent arrears

At a glance

Tenancy Tribunal case 5121048 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions