What was Tenancy Tribunal case 5146329 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 5146329?

Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5019808 D…: $348.43 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $121.61 awarded to landlord

What type of tenancy dispute was case 5146329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5146329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11709365-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5146329 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 5146329?

Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5019808 D…: $348.43 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $121.61 awarded to landlord

What type of tenancy dispute was case 5146329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5146329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11709365-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5146329 — Property damage

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New Zealand Tenancy Tribunal Case 5146329 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5146329 — net $1,529.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5019808 dated 21/01/2025	$348.43	Previous order application 5019808 dated 21/01/2025
Water rates	$121.61	Water rates
Repairs: Repair and paint	$750.00	Repairs: Repair and paint
Rubbish removal	$207.00	Rubbish removal
Cleaning	$75.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,529.04
Total payable by Tenant to Landlord	$1,529.04

Claims and awards for application 5146329 — net $1,529.04 NZD. Verify on MoJ.

Previous order application 5019808 dated 21/01/2025

Amount: $348.43
Awarded to: Landlord
Reason: Previous order application 5019808 dated 21/01/2025

Water rates

Amount: $121.61
Awarded to: Landlord
Reason: Water rates

Repairs: Repair and paint

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Repair and paint

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and the Tenant’s names and identifying details.
[The tenant/s] must pay [The landlord/s] $1,529.04 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 21 January 2025 under application 5019808.
The application for break lease costs is dismissed.

Reasons

The landlord attended the hearing which was held by telephone. The tenant was called twice on the phone number recorded in the application. Both calls went to voice mail.
The landlord has applied for rent arrears, compensation, incorporation of a previous Tenancy Tribunal order, and reimbursement of the filing fee following the end of the tenancy.
The tenancy started on 29 July 2024 and ended on 19 October 2024. was a fixed term tenancy due to end on 29 July 2025. The tenant requested to be released from the tenancy early, which was agreed to by the landlord. Service on the tenant
The tenancy ended on 19 April 2024. The landlord’s application to the Tribunal was filed on 24 January 2-025, some three months after the tenancy ended. Due to a recent amendment of the Residential Tenancies Act 1986 (RTA) if an application is filed by a landlord more than two months after the tenancy has ended the tenant may be served no later than 2 years after the termination of the tenancy by email where the email address was given by the tenant as an address for service 1 . I am satisfied that the tenant’s email is the email she provided as an address for service and that the tenant has accordingly been served.

Are the tenants liable to pay the water rates?

The landlord claims water rates of $121.61 for both August and September ($243.22). The landlord has supplied one invoice for water charges from 16 August 2024 to 5 September 2024 2 for $141.46. The invoice sets out that included in this amount is a mail postage charge of $2.00 and a sewer fixed charge rate for $70.20 (21 days at $0.85/day).
Tenants are responsible for all outgoings that are exclusively attributable to their occupation of the premises or use of the facilities. Landlords are responsible for all outgoings that are incurred whether or not the premises are occupied.
Accordingly, I find the tenant is responsible for the water and wastewater used ($121.61) but is not responsible for the mail postage or fixed sewer charge. 1 See section 91A(2)(e) RTA 2 This was supplied on the day of the hearing. The landlord had uploaded an invoice for a period after the tenancy ended which has not been considered in making this decision.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amount claimed for rubbish is awarded as I am satisfied from the landlord’s evidence that the costs claimed are reasonable for the work required.
The landlord claims $368.00 for cleaning. The photographs taken by the landlord do not support that cleaning to this sum was required to leave the premises in a reasonably clean and tidy condition. The required standard of cleanliness is objective, being reasonably clean, not absolutely spotless. It is anticipated that after a tenant has cleaned the property the landlord may do further cleaning to achieve a higher standard of cleaning. While I accept some cleaning needed to be done, I am satisfied from the evidence presented that the cleaning required was minimal. Accordingly, an award of $75.00 is made.
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 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) a hole was made in a bedroom wall. I find from the nature and shape of the hole that is likely to be intentional damage. b) The wall in the stairwell was dented. I find this is likely to be careless damage caused when the tenant was moving furniture in or out of the premises.
I am satisfied the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenancy was newly built at the start of the tenancy. I find the cost claimed is reasonable to repair the damage and paint the affected walls. The amount ordered is proven. Costs claimed for early release from the tenancy
The landlord claims a “break lease fee” of $862.50 for the tenant’s early release from the tenancy.
A landlord who agrees to an early termination of a fixed term tenancy is entitled to recover from the outgoing tenants any expenses reasonably incurred by the landlord in respect to the early termination. However, a landlord who seeks to recover such expenses from a tenant must first provide an itemised account of the expenses to the tenant. See section 44A(1) and (2).
The landlord’s claim is dismissed. The landlord did not provide any evidence supporting the costs claimed; to be successful the landlord must establish the costs claimed have been reasonably incurred as a result of the early termination. In any even the landlord’s representative advised that the tenant had not been given an itemised account of the expenses being claimed, but instead had only been advised of the amount being sought. Incorporation of the previous Tribunal order
On 21 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes. Reimbursement of the filing fee
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
Neither party has applied for suppression. However, the previous order of the Tribunal, which is incorporated into this order, grants name suppression for both parties and suppresses the tenancy address.
The Tribunal is able of its own volition to make a suppression order. Accordingly, I suppress all references to the landlord and the tenant’s names and the address of the tenancy to ensure that the suppression order of the previous tenancy is not disturbed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5146329 — net $1,529.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5019808 dated 21/01/2025	$348.43	Previous order application 5019808 dated 21/01/2025
Water rates	$121.61	Water rates
Repairs: Repair and paint	$750.00	Repairs: Repair and paint
Rubbish removal	$207.00	Rubbish removal
Cleaning	$75.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,529.04
Total payable by Tenant to Landlord	$1,529.04

Claims and awards for application 5146329 — net $1,529.04 NZD. Verify on MoJ.

Previous order application 5019808 dated 21/01/2025

Amount: $348.43
Awarded to: Landlord
Reason: Previous order application 5019808 dated 21/01/2025

Water rates

Amount: $121.61
Awarded to: Landlord
Reason: Water rates

Repairs: Repair and paint

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Repair and paint

Rubbish removal

Amount: $207.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and the Tenant’s names and identifying details.
[The tenant/s] must pay [The landlord/s] $1,529.04 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 21 January 2025 under application 5019808.
The application for break lease costs is dismissed.

Reasons

The landlord attended the hearing which was held by telephone. The tenant was called twice on the phone number recorded in the application. Both calls went to voice mail.
The landlord has applied for rent arrears, compensation, incorporation of a previous Tenancy Tribunal order, and reimbursement of the filing fee following the end of the tenancy.
The tenancy started on 29 July 2024 and ended on 19 October 2024. was a fixed term tenancy due to end on 29 July 2025. The tenant requested to be released from the tenancy early, which was agreed to by the landlord. Service on the tenant
The tenancy ended on 19 April 2024. The landlord’s application to the Tribunal was filed on 24 January 2-025, some three months after the tenancy ended. Due to a recent amendment of the Residential Tenancies Act 1986 (RTA) if an application is filed by a landlord more than two months after the tenancy has ended the tenant may be served no later than 2 years after the termination of the tenancy by email where the email address was given by the tenant as an address for service 1 . I am satisfied that the tenant’s email is the email she provided as an address for service and that the tenant has accordingly been served.

Are the tenants liable to pay the water rates?

The landlord claims water rates of $121.61 for both August and September ($243.22). The landlord has supplied one invoice for water charges from 16 August 2024 to 5 September 2024 2 for $141.46. The invoice sets out that included in this amount is a mail postage charge of $2.00 and a sewer fixed charge rate for $70.20 (21 days at $0.85/day).
Tenants are responsible for all outgoings that are exclusively attributable to their occupation of the premises or use of the facilities. Landlords are responsible for all outgoings that are incurred whether or not the premises are occupied.
Accordingly, I find the tenant is responsible for the water and wastewater used ($121.61) but is not responsible for the mail postage or fixed sewer charge. 1 See section 91A(2)(e) RTA 2 This was supplied on the day of the hearing. The landlord had uploaded an invoice for a period after the tenancy ended which has not been considered in making this decision.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amount claimed for rubbish is awarded as I am satisfied from the landlord’s evidence that the costs claimed are reasonable for the work required.
The landlord claims $368.00 for cleaning. The photographs taken by the landlord do not support that cleaning to this sum was required to leave the premises in a reasonably clean and tidy condition. The required standard of cleanliness is objective, being reasonably clean, not absolutely spotless. It is anticipated that after a tenant has cleaned the property the landlord may do further cleaning to achieve a higher standard of cleaning. While I accept some cleaning needed to be done, I am satisfied from the evidence presented that the cleaning required was minimal. Accordingly, an award of $75.00 is made.
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 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) a hole was made in a bedroom wall. I find from the nature and shape of the hole that is likely to be intentional damage. b) The wall in the stairwell was dented. I find this is likely to be careless damage caused when the tenant was moving furniture in or out of the premises.
I am satisfied the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenancy was newly built at the start of the tenancy. I find the cost claimed is reasonable to repair the damage and paint the affected walls. The amount ordered is proven. Costs claimed for early release from the tenancy
The landlord claims a “break lease fee” of $862.50 for the tenant’s early release from the tenancy.
A landlord who agrees to an early termination of a fixed term tenancy is entitled to recover from the outgoing tenants any expenses reasonably incurred by the landlord in respect to the early termination. However, a landlord who seeks to recover such expenses from a tenant must first provide an itemised account of the expenses to the tenant. See section 44A(1) and (2).
The landlord’s claim is dismissed. The landlord did not provide any evidence supporting the costs claimed; to be successful the landlord must establish the costs claimed have been reasonably incurred as a result of the early termination. In any even the landlord’s representative advised that the tenant had not been given an itemised account of the expenses being claimed, but instead had only been advised of the amount being sought. Incorporation of the previous Tribunal order
On 21 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes. Reimbursement of the filing fee
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
Neither party has applied for suppression. However, the previous order of the Tribunal, which is incorporated into this order, grants name suppression for both parties and suppresses the tenancy address.
The Tribunal is able of its own volition to make a suppression order. Accordingly, I suppress all references to the landlord and the tenant’s names and the address of the tenancy to ensure that the suppression order of the previous tenancy is not disturbed.

Tenancy Tribunal case 5146329 — Property damage

At a glance

Tenancy Tribunal case 5146329 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Are the tenants liable to pay the 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

Order

Reasons

Are the tenants liable to pay the 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