What was Tenancy Tribunal case 5122835 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 5122835?

Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $291.40 awarded to landlord; Rent Arrears: $9,707.14 awarded to landlord; Property Damage: $2,100.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5122835?

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

Where can I read the official tribunal order for case 5122835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844524-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5122835 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 5122835?

Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $291.40 awarded to landlord; Rent Arrears: $9,707.14 awarded to landlord; Property Damage: $2,100.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5122835?

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

Where can I read the official tribunal order for case 5122835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844524-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5122835 — Rent arrears

Claims and awards in Tenancy Tribunal application 5122835 — net $10,345.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 February 2025	$9,707.14	Rent arrears to 27 February 2025
Rubbish removal	$450.00	Rubbish removal
Repairs: Interior bedroom walls and door frame repair	$2,100.00	Repairs: Interior bedroom walls and door frame repair
Cleaning	$450.00	Cleaning
Call out and lock replacement on 5 July 2024	$291.40	Call out and lock replacement on 5 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,345.54
Total payable by Tenant to Landlord	$10,345.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) to [The landlord] immediately.
Kelly Marie Adams must pay [The landlord] $10,345.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenancy agreement was for a fixed term commencing on 26 February 2024 and ending on 3 September 2025.
The tenant ended the tenancy earlier than the 3 September 2025. The landlord accepted the tenant vacating the premise on 13 November 2024 on the condition that the tenant accepted she remained liable for rent until the date a new tenant moved into the premise.
The landlord has proven that a new tenant moved into the premise on 28 February 2025, after the premise had been marketed on Trade Me and Homes for Rent from 3 November 2024. The landlord has also proven it dropped the rental rate advertised from the $660.00 per week to $600.00 per week from 6 November 2024 and then to $580.00 per week from the end of January 2025.
I am satisfied the landlord has taken all reasonably practicable steps to relet the premise in a quiet rental market, and to mitigate the losses to both parties from the tenant breaching the terms of her fixed term tenancy agreement. The landlord has even offered the premise for rent at a reduced rental rate, that is well below the market rate for the premise. It has also not charged the tenant any break lease fees.
For all the reasons set out in paragraphs [4] to [8] above, the tenant legally remained liable for rent arrears to 27 February 2025.

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 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. Writing and dents on bedroom walls; and b. Damage to a door frame.
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 wholly 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.

Claims and awards in Tenancy Tribunal application 5122835 — net $10,345.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 February 2025	$9,707.14	Rent arrears to 27 February 2025
Rubbish removal	$450.00	Rubbish removal
Repairs: Interior bedroom walls and door frame repair	$2,100.00	Repairs: Interior bedroom walls and door frame repair
Cleaning	$450.00	Cleaning
Call out and lock replacement on 5 July 2024	$291.40	Call out and lock replacement on 5 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,345.54
Total payable by Tenant to Landlord	$10,345.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) to [The landlord] immediately.
Kelly Marie Adams must pay [The landlord] $10,345.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenancy agreement was for a fixed term commencing on 26 February 2024 and ending on 3 September 2025.
The tenant ended the tenancy earlier than the 3 September 2025. The landlord accepted the tenant vacating the premise on 13 November 2024 on the condition that the tenant accepted she remained liable for rent until the date a new tenant moved into the premise.
The landlord has proven that a new tenant moved into the premise on 28 February 2025, after the premise had been marketed on Trade Me and Homes for Rent from 3 November 2024. The landlord has also proven it dropped the rental rate advertised from the $660.00 per week to $600.00 per week from 6 November 2024 and then to $580.00 per week from the end of January 2025.
I am satisfied the landlord has taken all reasonably practicable steps to relet the premise in a quiet rental market, and to mitigate the losses to both parties from the tenant breaching the terms of her fixed term tenancy agreement. The landlord has even offered the premise for rent at a reduced rental rate, that is well below the market rate for the premise. It has also not charged the tenant any break lease fees.
For all the reasons set out in paragraphs [4] to [8] above, the tenant legally remained liable for rent arrears to 27 February 2025.

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 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. Writing and dents on bedroom walls; and b. Damage to a door frame.
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 wholly 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.

Tenancy Tribunal case 5122835 — Rent arrears

At a glance

Tenancy Tribunal case 5122835 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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