How much money was awarded in case 5135029?

Cleaning: $1,538.17 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,395.33 awarded to landlord; Rent And Other Charges: $4,009.93 awarded to landlord; Rubbish Removal: $736.00 awarded to landlord; Rubbish Removal: $2,944.00 awarded to landlord; Skip Bins: $740.00 awarded to landlord

What type of tenancy dispute was case 5135029?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5135029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11731769-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5135029?

Cleaning: $1,538.17 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,395.33 awarded to landlord; Rent And Other Charges: $4,009.93 awarded to landlord; Rubbish Removal: $736.00 awarded to landlord; Rubbish Removal: $2,944.00 awarded to landlord; Skip Bins: $740.00 awarded to landlord

What type of tenancy dispute was case 5135029?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5135029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11731769-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5135029 — Property damage

Q: What was Tenancy Tribunal case 5135029 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 5135029 — net $11,290.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and other charges to 30 December 2024	$4,009.93	Rent and other charges to 30 December 2024
Rubbish removal	$736.00	Rubbish removal
Repairs, cleaning, carpet removal, rubbish removal	$2,944.00	Repairs, cleaning, carpet removal, rubbish removal
Carpet and underlay replacement	$2,395.33	Carpet and underlay replacement
Skip bins	$740.00	Skip bins
Materials cleaning products, locks, pest control, etc	$1,538.17	Materials cleaning products, locks, pest control, etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$1,500.00	Exemplary damages
Net award	$11,290.43
Total payable by Tenant to Landlord	$11,290.43

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

Caroline Marie Wahitapu must pay [The landlord/s] $11,290.43 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today. The tenant did not appear.

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

The Tribunal has already terminated the tenancy for abandonment with effect from 6 December 2025. Pursuant to section 61(3) of the Residential Tenancies Act 1986 (the Act) as it then stood the landlord is entitled to rent for 28 days from the date the landlord became aware the premises had been abandoned. The Tribunal identified this date as 2 December 2024, when the landlord conducted an inspection. The landlord is awarded rent arrears of $3,351.43 to 30 December 2024.

There were other legacy charges relating to water, pest control, and lawn maintenance totalling $658.50. The tenant had made some payments towards these charges.

The total award under this heading is $4,009.93. Cleaning and Rubbish removal

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.

The premises were left in an appalling condition. The tenant’s pet dog had been left trapped in the premises and had starved to death. Its remains were removed and buried. There were dog faeces and blue flies throughout the house. The inside of the fridge was black and infested.

The tenant left behind lots of belongings, including hard rubbish, furniture, clothing, and electrical appliances. The landlord had to hire 2 skip bins.

The tenant did not return the keys.

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.

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 4 weeks' rent. I was told that the landlord’s insurance did not extend to deliberately caused damage and insurers had advised there was no cover.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

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.

The property was damaged by the tenant’s dog scratching on walls and doors as it tried to escape. I am satisfied that this was intentional damage. The tenant must have known their dog had been left behind and must have known it would cause some damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The carpet was also badly stained and ripped, and both the carpet and underlay had to be replaced. I find that this was also intentional damage.

I have considered depreciation in the context of the carpet. The carpet was probably about 5 years old but was shown in perfectly useable condition in the ingoing photographs. I decline to make any deduction for depreciation given the circumstances in which the damage occurred. Exemplary Damages

The landlord claimed exemplary damages. I find that the tenant abandoned the premises when the rent was in arrears. The last rent payment was made on 21 November 2024 which covered the rent week to 26 November 2024. I also find that there was no reasonable excuse for the abandonment. This was a periodic tenancy and, as the landlord pointed out, could have been easily ended by the tenant giving 28 days’ notice.

The Animal Welfare Act 1999 contains a range of offences relating to the care of animals. For example, section 14(2) provides that it is an offence for the person in charge of an animal, without reasonable excuse, to desert the animal in circumstances where no provision is made to meet its physical, health, and behavioural needs. A person who commits this offence is liable on conviction to imprisonment for a term not exceeding 12 months. There are also more serious offences for the wilful or reckless ill-treatment of animals.

Pursuant to section 40(2)(b) of the Act, tenants must not use residential premises, or permit the premises to be used, for any unlawful purpose. Typically, this provision arises in the context of unlawful drug use or possession at premises. However, I cannot see why it would not apply to a tenant who has wilfully or recklessly ill-treated an animal by leaving it trapped in residential premises which they have abandoned.

The landlord was presented with a scene inside the premises which they described as harrowing. It is difficult to conceive how the tenant’s pet could have been left in the premises without the tenant knowing. Partly because of this the premises were found in an extremely poor condition. There is an obvious public interest in tenants not abandoning premises in this way and the circumstances of the case are exceptional.

The maximum amount that can be awarded for exemplary damages for abandonment is $1,500.00. The maximum award for unlawful use of premises is $1,800.00. There is a strong case for maximum awards under both sections 61(5) and 40(2)(b) of the Act. I make a global award of exemplary damages in the sum of $1,500.00. Filing Fee and Name Suppression

The landlord is awarded the filing fee. Name suppression is granted as requested.

Claims and awards in Tenancy Tribunal application 5135029 — net $11,290.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and other charges to 30 December 2024	$4,009.93	Rent and other charges to 30 December 2024
Rubbish removal	$736.00	Rubbish removal
Repairs, cleaning, carpet removal, rubbish removal	$2,944.00	Repairs, cleaning, carpet removal, rubbish removal
Carpet and underlay replacement	$2,395.33	Carpet and underlay replacement
Skip bins	$740.00	Skip bins
Materials cleaning products, locks, pest control, etc	$1,538.17	Materials cleaning products, locks, pest control, etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$1,500.00	Exemplary damages
Net award	$11,290.43
Total payable by Tenant to Landlord	$11,290.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Caroline Marie Wahitapu must pay [The landlord/s] $11,290.43 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today. The tenant did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Other Charges
The Tribunal has already terminated the tenancy for abandonment with effect from 6 December 2025. Pursuant to section 61(3) of the Residential Tenancies Act 1986 (the Act) as it then stood the landlord is entitled to rent for 28 days from the date the landlord became aware the premises had been abandoned. The Tribunal identified this date as 2 December 2024, when the landlord conducted an inspection. The landlord is awarded rent arrears of $3,351.43 to 30 December 2024.
There were other legacy charges relating to water, pest control, and lawn maintenance totalling $658.50. The tenant had made some payments towards these charges.
The total award under this heading is $4,009.93. Cleaning and Rubbish removal
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.
The premises were left in an appalling condition. The tenant’s pet dog had been left trapped in the premises and had starved to death. Its remains were removed and buried. There were dog faeces and blue flies throughout the house. The inside of the fridge was black and infested.
The tenant left behind lots of belongings, including hard rubbish, furniture, clothing, and electrical appliances. The landlord had to hire 2 skip bins.
The tenant did not return the keys.

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.
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 4 weeks' rent. I was told that the landlord’s insurance did not extend to deliberately caused damage and insurers had advised there was no cover.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
The property was damaged by the tenant’s dog scratching on walls and doors as it tried to escape. I am satisfied that this was intentional damage. The tenant must have known their dog had been left behind and must have known it would cause some damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was also badly stained and ripped, and both the carpet and underlay had to be replaced. I find that this was also intentional damage.
I have considered depreciation in the context of the carpet. The carpet was probably about 5 years old but was shown in perfectly useable condition in the ingoing photographs. I decline to make any deduction for depreciation given the circumstances in which the damage occurred. Exemplary Damages
The landlord claimed exemplary damages. I find that the tenant abandoned the premises when the rent was in arrears. The last rent payment was made on 21 November 2024 which covered the rent week to 26 November 2024. I also find that there was no reasonable excuse for the abandonment. This was a periodic tenancy and, as the landlord pointed out, could have been easily ended by the tenant giving 28 days’ notice.
The Animal Welfare Act 1999 contains a range of offences relating to the care of animals. For example, section 14(2) provides that it is an offence for the person in charge of an animal, without reasonable excuse, to desert the animal in circumstances where no provision is made to meet its physical, health, and behavioural needs. A person who commits this offence is liable on conviction to imprisonment for a term not exceeding 12 months. There are also more serious offences for the wilful or reckless ill-treatment of animals.
Pursuant to section 40(2)(b) of the Act, tenants must not use residential premises, or permit the premises to be used, for any unlawful purpose. Typically, this provision arises in the context of unlawful drug use or possession at premises. However, I cannot see why it would not apply to a tenant who has wilfully or recklessly ill-treated an animal by leaving it trapped in residential premises which they have abandoned.
The landlord was presented with a scene inside the premises which they described as harrowing. It is difficult to conceive how the tenant’s pet could have been left in the premises without the tenant knowing. Partly because of this the premises were found in an extremely poor condition. There is an obvious public interest in tenants not abandoning premises in this way and the circumstances of the case are exceptional.
The maximum amount that can be awarded for exemplary damages for abandonment is $1,500.00. The maximum award for unlawful use of premises is $1,800.00. There is a strong case for maximum awards under both sections 61(5) and 40(2)(b) of the Act. I make a global award of exemplary damages in the sum of $1,500.00. Filing Fee and Name Suppression
The landlord is awarded the filing fee. Name suppression is granted as requested.

Tenancy Tribunal case 5135029 — Property damage

At a glance

Tenancy Tribunal case 5135029 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions