What was Tenancy Tribunal case 5154612 about?

The tribunal order states: The Tribunal orders suppression of the landlord and tenant, [Tenant 1]’s, names

How much money was awarded in case 5154612?

Changing Of Locks: $746.35 awarded to landlord; Cleaning: $323.15 awarded to landlord; Early Termination Charges: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Rent Arrears: $371.43 awarded to landlord

What type of tenancy dispute was case 5154612?

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

Where can I read the official tribunal order for case 5154612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11950216-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5154612 about?

The tribunal order states: The Tribunal orders suppression of the landlord and tenant, [Tenant 1]’s, names

How much money was awarded in case 5154612?

Changing Of Locks: $746.35 awarded to landlord; Cleaning: $323.15 awarded to landlord; Early Termination Charges: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Rent Arrears: $371.43 awarded to landlord

What type of tenancy dispute was case 5154612?

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

Where can I read the official tribunal order for case 5154612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11950216-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5154612 — Property damage

Claims and awards in Tenancy Tribunal application 5154612 — net $2,859.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/09/2024	$371.43	Rent arrears to 25/09/2024
Cleaning	$323.15	Cleaning
Painting of damaged walls	$414.00	Painting of damaged walls
Changing of locks	$746.35	Changing of locks
Early termination charges	$977.50	Early termination charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,859.43
Bond	$2,900.00
Total payable by Tenant to Landlord	$2,859.43

Order

The Tribunal orders suppression of the landlord and tenant, [Tenant 1]’s, names and identifying details.
[The tenant/s] to pay [The landlord/s] $2,859.43 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,900.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,859.43 [The tenant/s]: $40.57

Reasons

This matter was heard on 30 April 2025 by video conference and was attended by the landlord, [The landlord/s], and the tenant, [Tenant 1].
The hearing was initially scheduled for teleconference, but the other joint tenant, Mr Thambura, requested that the hearing be conducted by video link. The hearing was rescheduled accordingly, however, Mr Thambura did not attend. I am satisfied that Mr Thambura was properly served with the hearing notice and had a reasonable opportunity to participate. The hearing proceeded in his absence.
The tenancy was a fixed-term tenancy commencing on 1 March 2023 and intended to run until 28 February 2025. The tenancy ended on or about 25 September 2024. Rent was $725 per week, and the bond held by the Bond Centre was $2,900.00.
The landlord seeks the following: o Rent arrears: $371.43 o Cleaning costs: $323.15 o Painting: $414.00 o Lock replacement: $746.35 o Early termination compensation: $977.50
In support, the landlord has provided a rent summary, invoices, and copies of the entry and exit inspection reports along with supporting photographs. [Tenant 1]’s Position
[Tenant 1] provided a detailed statement alleging she and her child experienced serious family violence from Mr Thambura during the tenancy. As a result, [Tenant 1] says she vacated the property on 12 May 2024. She subsequently filed a statutory declaration of family violence dated 23 September 2024, seeking termination of her tenancy interest under section 56B of the Residential Tenancies Act 1986 (“RTA”).
Under section 56B RTA, a tenant who has experienced family violence and follows the statutory process may give at least two days’ written notice to terminate their tenancy interest. Provided the declaration is made in accordance with the regulations, it is valid and binding. As such, [Tenant 1]’s liability under the tenancy ceased on 25 September 2024. However, she remains liable for any rent or obligations accrued up to that date, including her share of rent arrears and damage.
The Tribunal accepts [Tenant 1]’s evidence regarding the abuse suffered, and the resulting hardship she and her child faced. Her decision to exit the tenancy under section 56B was both lawful and reasonable. She communicated with the landlord and provided the necessary statutory documents. However, her withdrawal does not automatically entitle her to the full bond refund, as liability for rent arrears and other shared tenancy obligations prior to 25 September 2024 remains joint and several. Mr Thambura’s Position
Mr Thambura did not attend the hearing but provided a written response. He challenges the claims for lock replacement and painting, arguing that: • A spare key was available and could have been duplicated to avoid expense; and • He disputes the necessity for repainting, claiming there were no marks on the walls and no damage caused.
However, these assertions are unsubstantiated. Mr Thambura provided no independent evidence or photographs to counter the landlord’s claims. I am satisfied that the landlord has discharged the evidential burden in respect of the items awarded below. Tribunal Findings
Rent Arrears: The landlord has provided a comprehensive rent ledger showing unpaid rent of $371.43. The claim is allowed.
Lock Replacement: The landlord has provided evidence that not all keys were returned at the end of the tenancy. Under section 40(1)(e)(iv) RTA, tenants are required to return all keys. The cost of changing the locks—$746.35—is reasonable and supported by an invoice. I accept this claim.
Cleaning: The landlord has supplied an invoice, along with the entry and final inspection reports and photographs. The evidence shows the property was not returned in a reasonably clean condition, as required under section 40(1)(e)(iii) RTA. The claim for $323.15 is awarded.
Painting: The landlord claims $414.00 for repainting marked or damaged walls. Photographs show deterioration inconsistent with fair wear and tear. The claim is modest and supported by an invoice. The claim is allowed. See sections 40(2)(a), 41 and 49B RTA
Early Termination: The tenancy ended approximately five months before the fixed-term expiry date. The landlord seeks $977.50 for early termination costs. While this amount is not itemised, I accept that the landlord incurred a genuine loss of rental income and re-letting costs. The claim is modest, and no alternative evidence has been provided. The claim is awarded. Filing fee
The landlord has been substantially successful and is entitled to reimbursement of the filing fee of $20.44 under section 102(2)(b) RTA. Allocation of bond
The total proven claims amount to $2,859.43. The bond may be applied towards this total. After application of the bond, a surplus of $40.57 remains.
The landlord has requested that this surplus be refunded to [Tenant 1], and I accept that request as reasonable in the circumstances. [Tenant 1] acted lawfully in withdrawing from the tenancy under section 56B, provided appropriate notice and evidence, and has experienced ongoing hardship. Suppression Orders
Under section 95A RTA, the Tribunal may order name suppression if publication would cause undue hardship. In this case, the nature of [Tenant 1]’s evidence and her circumstances justify name suppression. Name suppression is also granted to the landlord. Mr Thambura had not attended nor shown why publication of his name would cause undue hardship. Accordingly, no suppression is granted to Mr Thambura.

Claims and awards in Tenancy Tribunal application 5154612 — net $2,859.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/09/2024	$371.43	Rent arrears to 25/09/2024
Cleaning	$323.15	Cleaning
Painting of damaged walls	$414.00	Painting of damaged walls
Changing of locks	$746.35	Changing of locks
Early termination charges	$977.50	Early termination charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,859.43
Bond	$2,900.00
Total payable by Tenant to Landlord	$2,859.43

Order

The Tribunal orders suppression of the landlord and tenant, [Tenant 1]’s, names and identifying details.
[The tenant/s] to pay [The landlord/s] $2,859.43 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,900.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,859.43 [The tenant/s]: $40.57

Reasons

This matter was heard on 30 April 2025 by video conference and was attended by the landlord, [The landlord/s], and the tenant, [Tenant 1].
The hearing was initially scheduled for teleconference, but the other joint tenant, Mr Thambura, requested that the hearing be conducted by video link. The hearing was rescheduled accordingly, however, Mr Thambura did not attend. I am satisfied that Mr Thambura was properly served with the hearing notice and had a reasonable opportunity to participate. The hearing proceeded in his absence.
The tenancy was a fixed-term tenancy commencing on 1 March 2023 and intended to run until 28 February 2025. The tenancy ended on or about 25 September 2024. Rent was $725 per week, and the bond held by the Bond Centre was $2,900.00.
The landlord seeks the following: o Rent arrears: $371.43 o Cleaning costs: $323.15 o Painting: $414.00 o Lock replacement: $746.35 o Early termination compensation: $977.50
In support, the landlord has provided a rent summary, invoices, and copies of the entry and exit inspection reports along with supporting photographs. [Tenant 1]’s Position
[Tenant 1] provided a detailed statement alleging she and her child experienced serious family violence from Mr Thambura during the tenancy. As a result, [Tenant 1] says she vacated the property on 12 May 2024. She subsequently filed a statutory declaration of family violence dated 23 September 2024, seeking termination of her tenancy interest under section 56B of the Residential Tenancies Act 1986 (“RTA”).
Under section 56B RTA, a tenant who has experienced family violence and follows the statutory process may give at least two days’ written notice to terminate their tenancy interest. Provided the declaration is made in accordance with the regulations, it is valid and binding. As such, [Tenant 1]’s liability under the tenancy ceased on 25 September 2024. However, she remains liable for any rent or obligations accrued up to that date, including her share of rent arrears and damage.
The Tribunal accepts [Tenant 1]’s evidence regarding the abuse suffered, and the resulting hardship she and her child faced. Her decision to exit the tenancy under section 56B was both lawful and reasonable. She communicated with the landlord and provided the necessary statutory documents. However, her withdrawal does not automatically entitle her to the full bond refund, as liability for rent arrears and other shared tenancy obligations prior to 25 September 2024 remains joint and several. Mr Thambura’s Position
Mr Thambura did not attend the hearing but provided a written response. He challenges the claims for lock replacement and painting, arguing that: • A spare key was available and could have been duplicated to avoid expense; and • He disputes the necessity for repainting, claiming there were no marks on the walls and no damage caused.
However, these assertions are unsubstantiated. Mr Thambura provided no independent evidence or photographs to counter the landlord’s claims. I am satisfied that the landlord has discharged the evidential burden in respect of the items awarded below. Tribunal Findings
Rent Arrears: The landlord has provided a comprehensive rent ledger showing unpaid rent of $371.43. The claim is allowed.
Lock Replacement: The landlord has provided evidence that not all keys were returned at the end of the tenancy. Under section 40(1)(e)(iv) RTA, tenants are required to return all keys. The cost of changing the locks—$746.35—is reasonable and supported by an invoice. I accept this claim.
Cleaning: The landlord has supplied an invoice, along with the entry and final inspection reports and photographs. The evidence shows the property was not returned in a reasonably clean condition, as required under section 40(1)(e)(iii) RTA. The claim for $323.15 is awarded.
Painting: The landlord claims $414.00 for repainting marked or damaged walls. Photographs show deterioration inconsistent with fair wear and tear. The claim is modest and supported by an invoice. The claim is allowed. See sections 40(2)(a), 41 and 49B RTA
Early Termination: The tenancy ended approximately five months before the fixed-term expiry date. The landlord seeks $977.50 for early termination costs. While this amount is not itemised, I accept that the landlord incurred a genuine loss of rental income and re-letting costs. The claim is modest, and no alternative evidence has been provided. The claim is awarded. Filing fee
The landlord has been substantially successful and is entitled to reimbursement of the filing fee of $20.44 under section 102(2)(b) RTA. Allocation of bond
The total proven claims amount to $2,859.43. The bond may be applied towards this total. After application of the bond, a surplus of $40.57 remains.
The landlord has requested that this surplus be refunded to [Tenant 1], and I accept that request as reasonable in the circumstances. [Tenant 1] acted lawfully in withdrawing from the tenancy under section 56B, provided appropriate notice and evidence, and has experienced ongoing hardship. Suppression Orders
Under section 95A RTA, the Tribunal may order name suppression if publication would cause undue hardship. In this case, the nature of [Tenant 1]’s evidence and her circumstances justify name suppression. Name suppression is also granted to the landlord. Mr Thambura had not attended nor shown why publication of his name would cause undue hardship. Accordingly, no suppression is granted to Mr Thambura.

Tenancy Tribunal case 5154612 — Property damage

At a glance

Tenancy Tribunal case 5154612 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions