What was Tenancy Tribunal case 5146428 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 5146428?

Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Heat Bulb And Sink Plug: $75.00 awarded to landlord; Lightbulbs: $60.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $60.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent: $2,857.86 awarded to landlord; Replace Carpet: $2,720.00 awarded to landlord; Unblock Kitchen Sink: $160.00 awarded to landlord; Water Charges To End Of Tenancy: $60.80 awarded to landlord

What type of tenancy dispute was case 5146428?

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

Where can I read the official tribunal order for case 5146428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11624532-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5146428 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 5146428?

Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Heat Bulb And Sink Plug: $75.00 awarded to landlord; Lightbulbs: $60.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $60.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent: $2,857.86 awarded to landlord; Replace Carpet: $2,720.00 awarded to landlord; Unblock Kitchen Sink: $160.00 awarded to landlord; Water Charges To End Of Tenancy: $60.80 awarded to landlord

What type of tenancy dispute was case 5146428?

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

Where can I read the official tribunal order for case 5146428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11624532-Tribunal_Order_Redacted.pdf.

182 Keri Vista Rise, Papakura, Papakura 2110 Tenancy Tribunal Case 5146428 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5146428 — net $10,679.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 January 2025	$2,857.86	Rent to 10 January 2025
Water charges to end of tenancy	$60.80	Water charges to end of tenancy
Cleaning, carpet cleaning and curtain cleaning	$600.00	Cleaning, carpet cleaning and curtain cleaning
Repairs to walls	$4,000.00	Repairs to walls
Replace carpet	$2,720.00	Replace carpet
Repairs to hallway door frame	$100.00	Repairs to hallway door frame
Light bulbs/batteries replacement	$60.00	Light bulbs/batteries replacement
Repairs to front door	$300.00	Repairs to front door
Repairs to kitchen cabinet	$210.00	Repairs to kitchen cabinet
Repairs to window latches	$60.00	Repairs to window latches
Repairs to mailbox	$100.00	Repairs to mailbox
Lock/key replacement	$500.00	Lock/key replacement
Repairs to ranch slider glass	$448.50	Repairs to ranch slider glass
Repairs to gate	$300.00	Repairs to gate
Repairs to garage door	$350.00	Repairs to garage door
Lock/key replacement: garage remotes	$350.00	Lock/key replacement: garage remotes
Unblock kitchen sink	$160.00	Unblock kitchen sink
Filing fee reimbursement	$27.00	Filing fee reimbursement
Heat bulb and sink plug	$75.00	Heat bulb and sink plug
Net award	$10,679.16
Total payable by Tenant to Landlord	$10,679.16

Claims and awards in Tenancy Tribunal application 5146428 — net $10,679.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent to 10 January 2025

$2,857.86

Rent to 10 January 2025

Water charges to end of tenancy

$60.80

Water charges to end of tenancy

Cleaning, carpet cleaning and curtain cleaning

$600.00

Cleaning, carpet cleaning and curtain cleaning

Repairs to walls

$4,000.00

Repairs to walls

Replace carpet

$2,720.00

Replace carpet

Repairs to hallway door frame

$100.00

Repairs to hallway door frame

Light bulbs/batteries replacement

$60.00

Light bulbs/batteries replacement

Repairs to front door

$300.00

Repairs to front door

Repairs to kitchen cabinet

$210.00

Repairs to kitchen cabinet

Repairs to window latches

$60.00

Repairs to window latches

Repairs to mailbox

$100.00

Repairs to mailbox

Lock/key replacement

$500.00

Lock/key replacement

Repairs to ranch slider glass

$448.50

Repairs to ranch slider glass

Repairs to gate

$300.00

Repairs to gate

Repairs to garage door

$350.00

Repairs to garage door

Lock/key replacement: garage remotes

$350.00

Lock/key replacement: garage remotes

Unblock kitchen sink

$160.00

Unblock kitchen sink

Filing fee reimbursement

$27.00

Filing fee reimbursement

Heat bulb and sink plug

$75.00

Heat bulb and sink plug

Net award

$10,679.16

Total payable by Tenant to Landlord

$10,679.16

Reasons

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

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?

The tenancy ended on 10 January 2025. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

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. The tenant must also replace standard light bulbs.

The tenant did not leave the premises in a reasonably clean condition in some respects. The landlord’s photographs show a need for cleaning to walls, the carpets, curtains, cupboards, and the bathroom.

The tenant did not return the keys until 5 February 2025, after the tenancy had ended. By then the landlord had changed the locks to secure the property. The garage remotes were returned but did not work and had to be replaced.

The landlord had to replace light bulbs (including a heat bulb) and a sink plug.

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.

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 walls of the premises were damaged during the tenancy. There was also damage to the front door, an internal door frame, an outside gate and the mailbox, the ranch slider door glass, and to the carpet, which had to be replaced in 5 rooms due to the damage and staining that could not be removed ($4,459.24). A kitchen cabinet had a broken hinge and the kitchen sink and mixer required repair/unblocking. The garage door was damaged.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I consider that the damage to the carpets was careless rather than intentional. The landlord advised that insurers had proposed applying the insurance excess of $550.00 to each item of damage. This essentially meant that the insurance did not respond.

I consider that the wall damage was intentional. There were many small holes in the walls, which are shown patched over but not painted in the landlord’s photographs, as repairs had begun. If all the holes were made at once it is difficult to say that this was careless. Alternatively, if the holes were made over time, it was intentional damage to allow more and more holes to be made. I award the wall repairs in full.

I have considered section 49B of the Residential Tenancies Act 1986 (the Act) which is designed to limit tenant liability for carelessly caused damage. The basic principle is that tenants are liable for the lesser of the insurance excess or 4 weeks’ rent.

I consider it is appropriate to limit the tenant’s liability for damage to the carpet to 4 weeks’ rent pursuant to section 49B(3)(a)(ii) of the Act. The award for carpet replacement is $2,720.00 (4 x $680.00). This also makes some allowance for depreciation or betterment, given that the property was about 8 years old.

The other repair costs are individually less than the insurance excess of $550.00. Filing fee and suppression

The landlord is awarded the filing fee and granted name suppression as requested. Corrigendum This order has been amended on 25 March 2025 to correct the amount awarded for the filing fee (the correct amount being $27.00 not $27.99).

Claims and awards in Tenancy Tribunal application 5146428 — net $10,679.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 January 2025	$2,857.86	Rent to 10 January 2025
Water charges to end of tenancy	$60.80	Water charges to end of tenancy
Cleaning, carpet cleaning and curtain cleaning	$600.00	Cleaning, carpet cleaning and curtain cleaning
Repairs to walls	$4,000.00	Repairs to walls
Replace carpet	$2,720.00	Replace carpet
Repairs to hallway door frame	$100.00	Repairs to hallway door frame
Light bulbs/batteries replacement	$60.00	Light bulbs/batteries replacement
Repairs to front door	$300.00	Repairs to front door
Repairs to kitchen cabinet	$210.00	Repairs to kitchen cabinet
Repairs to window latches	$60.00	Repairs to window latches
Repairs to mailbox	$100.00	Repairs to mailbox
Lock/key replacement	$500.00	Lock/key replacement
Repairs to ranch slider glass	$448.50	Repairs to ranch slider glass
Repairs to gate	$300.00	Repairs to gate
Repairs to garage door	$350.00	Repairs to garage door
Lock/key replacement: garage remotes	$350.00	Lock/key replacement: garage remotes
Unblock kitchen sink	$160.00	Unblock kitchen sink
Filing fee reimbursement	$27.00	Filing fee reimbursement
Heat bulb and sink plug	$75.00	Heat bulb and sink plug
Net award	$10,679.16
Total payable by Tenant to Landlord	$10,679.16

Claims and awards in Tenancy Tribunal application 5146428 — net $10,679.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent to 10 January 2025

$2,857.86

Rent to 10 January 2025

Water charges to end of tenancy

$60.80

Water charges to end of tenancy

Cleaning, carpet cleaning and curtain cleaning

$600.00

Cleaning, carpet cleaning and curtain cleaning

Repairs to walls

$4,000.00

Repairs to walls

Replace carpet

$2,720.00

Replace carpet

Repairs to hallway door frame

$100.00

Repairs to hallway door frame

Light bulbs/batteries replacement

$60.00

Light bulbs/batteries replacement

Repairs to front door

$300.00

Repairs to front door

Repairs to kitchen cabinet

$210.00

Repairs to kitchen cabinet

Repairs to window latches

$60.00

Repairs to window latches

Repairs to mailbox

$100.00

Repairs to mailbox

Lock/key replacement

$500.00

Lock/key replacement

Repairs to ranch slider glass

$448.50

Repairs to ranch slider glass

Repairs to gate

$300.00

Repairs to gate

Repairs to garage door

$350.00

Repairs to garage door

Lock/key replacement: garage remotes

$350.00

Lock/key replacement: garage remotes

Unblock kitchen sink

$160.00

Unblock kitchen sink

Filing fee reimbursement

$27.00

Filing fee reimbursement

Heat bulb and sink plug

$75.00

Heat bulb and sink plug

Net award

$10,679.16

Total payable by Tenant to Landlord

$10,679.16

Reasons

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

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?

The tenancy ended on 10 January 2025. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord had to replace light bulbs (including a heat bulb) and a sink plug.

Is the tenant responsible for the damage to the premises?

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.

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

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The other repair costs are individually less than the insurance excess of $550.00. Filing fee and suppression

Tenancy Tribunal case 5146428 — Property damage at 182 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5146428 — Property damage at 182 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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 and water?

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