How much money was awarded in case 5140269?

Cleaning: $1,288.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $4,437.40 awarded to landlord; Property Damage: $118.45 awarded to landlord; Replace Furnishings: Shower Curtain: $46.00 awarded to landlord; Rubbish Removal: $1,702.00 awarded to landlord; Smoke Alarms: $86.25 awarded to landlord

What type of tenancy dispute was case 5140269?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5140269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932988-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5140269?

Cleaning: $1,288.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $4,437.40 awarded to landlord; Property Damage: $118.45 awarded to landlord; Replace Furnishings: Shower Curtain: $46.00 awarded to landlord; Rubbish Removal: $1,702.00 awarded to landlord; Smoke Alarms: $86.25 awarded to landlord

What type of tenancy dispute was case 5140269?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5140269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932988-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5140269 — Property damage

Q: What was Tenancy Tribunal case 5140269 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 5140269 — net $6,412.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,288.00	Cleaning
Replace furnishings: Shower curtain	$46.00	Replace furnishings: Shower curtain
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$1,702.00	Rubbish removal
Replace smoke alarms	$86.25	Replace smoke alarms
Repairs	$4,437.40	Repairs
Lock/key replacement	$118.45	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,412.10
Total payable by Tenant to Landlord	$6,412.10

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

Ursula Kete must pay [The landlord/s] $6,412.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing on 4 June 2025.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call appeared to be answered and then disconnected. 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 of the hearing was given to the tenant.

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 14 January 2025 as a result of a Tribunal order terminating the tenancy and granting possession to the landlord immediately.

The landlord seeks rent arrears for a period after possession had been granted to the landlord, where the landlord says that the tenants ex-partner had stayed on at the premises and would not vacate. The ex-partner is not a named tenant and has no right of occupation granted to him by any person having the lawful right to grant possession. He was a squatter as that term is defined in the Residential Tenancies Act 1986. The tenant is not responsible or liable for rent for rent arrears during that period. The application for rent arrears against the tenant is dismissed.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that the premises had been left in very poor condition. The landlord provided invoices for cleaning, curtain cleaning, carpet cleaning, lawns and rubbish removal totalling $3,197.00.

The tenant did not return the keys. The landlord provided an invoice from a locksmith for $118.45.

The following chattels were missing at the end of the tenancy: Shower curtains ($46.00) and two smoke alarms ($86.25).

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: Extensive holes in bedrooms, damaged cupboard door, replace and paint five doors, repair two windows, holes in a garage wall, painting of repaired areas, repairs to fire hearth, repair windows in the porches and replace a damaged tap in the kitchen. The landlord provided photos of the damaged items and an invoice for the repairs totalling $4,437.40. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I record that the house had been newly renovated at the commencement of this tenancy.

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’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5140269 — net $6,412.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,288.00	Cleaning
Replace furnishings: Shower curtain	$46.00	Replace furnishings: Shower curtain
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$1,702.00	Rubbish removal
Replace smoke alarms	$86.25	Replace smoke alarms
Repairs	$4,437.40	Repairs
Lock/key replacement	$118.45	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,412.10
Total payable by Tenant to Landlord	$6,412.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ursula Kete must pay [The landlord/s] $6,412.10 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing on 4 June 2025.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call appeared to be answered and then disconnected. 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 of the hearing was given to the tenant.
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 14 January 2025 as a result of a Tribunal order terminating the tenancy and granting possession to the landlord immediately.
The landlord seeks rent arrears for a period after possession had been granted to the landlord, where the landlord says that the tenants ex-partner had stayed on at the premises and would not vacate. The ex-partner is not a named tenant and has no right of occupation granted to him by any person having the lawful right to grant possession. He was a squatter as that term is defined in the Residential Tenancies Act 1986. The tenant is not responsible or liable for rent for rent arrears during that period. The application for rent arrears against the tenant is dismissed.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that the premises had been left in very poor condition. The landlord provided invoices for cleaning, curtain cleaning, carpet cleaning, lawns and rubbish removal totalling $3,197.00.
The tenant did not return the keys. The landlord provided an invoice from a locksmith for $118.45.
The following chattels were missing at the end of the tenancy: Shower curtains ($46.00) and two smoke alarms ($86.25).
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: Extensive holes in bedrooms, damaged cupboard door, replace and paint five doors, repair two windows, holes in a garage wall, painting of repaired areas, repairs to fire hearth, repair windows in the porches and replace a damaged tap in the kitchen. The landlord provided photos of the damaged items and an invoice for the repairs totalling $4,437.40. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I record that the house had been newly renovated at the commencement of this tenancy.
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’s name and details is ordered.

Tenancy Tribunal case 5140269 — Property damage

At a glance

Tenancy Tribunal case 5140269 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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