How much money was awarded in case 5124117?

Cleaning: $323.84 awarded to landlord; Cleaning: $215.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,570.00 awarded to landlord; Property Damage: $603.75 awarded to landlord; Rubbish Removal: $373.35 awarded to landlord; Water Rates: $183.82 awarded to landlord

What type of tenancy dispute was case 5124117?

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

Where can I read the official tribunal order for case 5124117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582020-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5124117?

Cleaning: $323.84 awarded to landlord; Cleaning: $215.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,570.00 awarded to landlord; Property Damage: $603.75 awarded to landlord; Rubbish Removal: $373.35 awarded to landlord; Water Rates: $183.82 awarded to landlord

What type of tenancy dispute was case 5124117?

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

Where can I read the official tribunal order for case 5124117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582020-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5124117 — Rent arrears

Q: What was Tenancy Tribunal case 5124117 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 5124117 — net $2,116.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,570.00	Rent arrears
Water rates	$183.82	Water rates
Cleaning	$215.00	Cleaning
Carpet Cleaning	$323.84	Carpet Cleaning
Rubbish removal	$373.35	Rubbish removal
Repairs: repaint damaged walls	$603.75	Repairs: repaint damaged walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,116.76
Total payable by Tenant to Landlord	$2,116.76

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

Torri Taueki Watson must pay [The landlord/s] $2,116.76 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing on 7 March 2025.

The tenant did not attend by Teams video link and calls to the tenant’s telephone number went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given .

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 and water rates?

The tenancy ended on 30 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $2,570.00 for rent and $183.82 for water.

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 and remove all rubbish See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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

The landlord provided invoices for cleaning, carpet cleaning and rubbish removal as well as photos of the premises in support.

The amounts ordered are proved.

The landlord applied for compensation for lawn and garden work. The invoice provided is dated 4 weeks after the end of the tenancy. I am not satisfied that this reflects the condition of the premises at the end of the tenancy and the claim is dismissed.

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. The landlord did not have insurance.

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.

Walls in the lounge, hall, bedroom and bathroom were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 5124117 — net $2,116.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,570.00	Rent arrears
Water rates	$183.82	Water rates
Cleaning	$215.00	Cleaning
Carpet Cleaning	$323.84	Carpet Cleaning
Rubbish removal	$373.35	Rubbish removal
Repairs: repaint damaged walls	$603.75	Repairs: repaint damaged walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,116.76
Total payable by Tenant to Landlord	$2,116.76

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Torri Taueki Watson must pay [The landlord/s] $2,116.76 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing on 7 March 2025.
The tenant did not attend by Teams video link and calls to the tenant’s telephone number went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given .
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 and water rates?

The tenancy ended on 30 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $2,570.00 for rent and $183.82 for water.

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 and remove all rubbish See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for cleaning, carpet cleaning and rubbish removal as well as photos of the premises in support.
The amounts ordered are proved.
The landlord applied for compensation for lawn and garden work. The invoice provided is dated 4 weeks after the end of the tenancy. I am not satisfied that this reflects the condition of the premises at the end of the tenancy and the claim is dismissed.

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. The landlord did not have insurance.
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.
Walls in the lounge, hall, bedroom and bathroom were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 5124117 — Rent arrears

At a glance

Tenancy Tribunal case 5124117 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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