How much money was awarded in case 5132704?

Cleaning: $462.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Rent Arrears: $2,933.89 awarded to landlord; Door: $427.76 awarded to landlord; Rubbish Removal: $144.38 awarded to landlord

What type of tenancy dispute was case 5132704?

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

Where can I read the official tribunal order for case 5132704?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11646552-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5132704?

Cleaning: $462.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Rent Arrears: $2,933.89 awarded to landlord; Door: $427.76 awarded to landlord; Rubbish Removal: $144.38 awarded to landlord

What type of tenancy dispute was case 5132704?

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

Where can I read the official tribunal order for case 5132704?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11646552-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5132704 — Rent arrears

Q: What was Tenancy Tribunal case 5132704 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 5132704 — net $2,018.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,933.89	Rent arrears
Repairs: Door	$427.76	Repairs: Door
Carpet Cleaning	$462.00	Carpet Cleaning
Rubbish removal: and section tidy	$144.38	Rubbish removal: and section tidy
Cleaning	$250.00	Cleaning
Net award	$2,018.03
Total payable by Tenant to Landlord	$2,018.03

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

Louanne Wall and Jordan Louez must pay [The landlord/s] $2,018.03 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing on 28 March 2025.

The tenant Louanna Wall attended the hearing on behalf of both tenants.

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 2 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,933.89.

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 photos of the premises at the commencement and at the end of the tenancy. Those photos showed that rubbish was required to be removed, the exterior of the premises needed to be tidied and some cleaning was required. Invoices were provided by the landlord for each of the claims. I have reduced the claim for cleaning as the tenant did carry out some cleaning at the end of the tenancy. The reduced sum ordered to be paid by the tenant is the amount by which I consider further cleaning which was required to bring the premises to a reasonably clean and tidy standard.

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 door was damaged. The landlord provided the pre inspection report which showed a door with no damage. The landlord provided an invoice for their repairs. The tenant said that the door had been damaged prior to the commencement of this tenancy, but had been previously repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord said that the carpet was stained and soiled with a very bad odour at the end of the property. The landlord provided photos from the pretence pre tenancy inspection report. The photos from the end of tenancy report showed stains in a number of areas. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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

Claims and awards in Tenancy Tribunal application 5132704 — net $2,018.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,933.89	Rent arrears
Repairs: Door	$427.76	Repairs: Door
Carpet Cleaning	$462.00	Carpet Cleaning
Rubbish removal: and section tidy	$144.38	Rubbish removal: and section tidy
Cleaning	$250.00	Cleaning
Net award	$2,018.03
Total payable by Tenant to Landlord	$2,018.03

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Louanne Wall and Jordan Louez must pay [The landlord/s] $2,018.03 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing on 28 March 2025.
The tenant Louanna Wall attended the hearing on behalf of both tenants.
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 2 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,933.89.

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 photos of the premises at the commencement and at the end of the tenancy. Those photos showed that rubbish was required to be removed, the exterior of the premises needed to be tidied and some cleaning was required. Invoices were provided by the landlord for each of the claims. I have reduced the claim for cleaning as the tenant did carry out some cleaning at the end of the tenancy. The reduced sum ordered to be paid by the tenant is the amount by which I consider further cleaning which was required to bring the premises to a reasonably clean and tidy standard.

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 door was damaged. The landlord provided the pre inspection report which showed a door with no damage. The landlord provided an invoice for their repairs. The tenant said that the door had been damaged prior to the commencement of this tenancy, but had been previously repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord said that the carpet was stained and soiled with a very bad odour at the end of the property. The landlord provided photos from the pretence pre tenancy inspection report. The photos from the end of tenancy report showed stains in a number of areas. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Tenancy Tribunal case 5132704 — Rent arrears

At a glance

Tenancy Tribunal case 5132704 — 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