What was Tenancy Tribunal case 5156472 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 5156472?

Cleaning: $299.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $115.00 awarded to landlord; Property Damage: $40.24 awarded to landlord; Property Damage: $581.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rent Arrears: $9,064.29 awarded to landlord; Replace Broken Door: $816.50 awarded to landlord; Rubbish Removal: $164.90 awarded to landlord; Water Rates: $187.49 awarded to landlord

What type of tenancy dispute was case 5156472?

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

Where can I read the official tribunal order for case 5156472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900745-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5156472 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 5156472?

Cleaning: $299.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $115.00 awarded to landlord; Property Damage: $40.24 awarded to landlord; Property Damage: $581.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rent Arrears: $9,064.29 awarded to landlord; Replace Broken Door: $816.50 awarded to landlord; Rubbish Removal: $164.90 awarded to landlord; Water Rates: $187.49 awarded to landlord

What type of tenancy dispute was case 5156472?

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

Where can I read the official tribunal order for case 5156472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900745-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5156472 — Rent arrears

Claims and awards in Tenancy Tribunal application 5156472 — net $7,295.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,064.29	Rent arrears
Water rates	$187.49	Water rates
Lock/key replacement: - locks	$581.00	Lock/key replacement: - locks
Lock/key replacement: - keys	$40.24	Lock/key replacement: - keys
Light bulbs/batteries: Two LED ceiling lights	$115.00	Light bulbs/batteries: Two LED ceiling lights
Rubbish removal: - flexi bin	$164.90	Rubbish removal: - flexi bin
Cleaning	$700.00	Cleaning
Replace broken door	$816.50	Replace broken door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$299.00	Carpet Cleaning
Carpet damage	$700.00	Carpet damage
Net award	$7,295.42
Total payable by Tenant to Landlord	$7,295.42

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Steve David Culham must pay [The landlord/s] $7,295.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy. The application form referred to a claim for exemplary damages. This claim was not pursued at the hearing and is accordingly dismissed. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent and water rates?

The tenancy ended on 14 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: Rent arrears - $9,064.29 and water rates- $187.49 (to 13/12/24).

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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. 2 The tenant must also replace standard light bulbs.
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4
The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish. The amount ordered for cleaning is $700 . I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted. I order $299 for carpet cleaning as the carpets were not clean.
The landlord had to remove rubbish. I make an order for the flexi bin rubbish collection cost of $164.90.
The tenant changed the locks and did not return the keys. The locks had to be changed and keys replaced. The amounts ordered are proved as follows: Locks and garage door remote replacement - $581 based on the Locksmiths invoice and Keys - $40.24
The landlord has to replace lightbulbs. The amount ordered ($115) is proved.

Is the tenant responsible for the damage to the premises?

It is a breach of the RTA if a tenant intentionally or carelessness causes damage or permit any other person to damage the premises. 5 Where a landlord is claiming compensation for damage 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 1 See section 40(1)(e)(ii)-(v) RTA. 2 See section 40(1)(ca) RTA. 3 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 5 Sees 40 (2)(a) not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 6
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 7
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). 8 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). 9 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 10
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. 11 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. 12
In assessing a claim for compensation, I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Damaged door
A door was damaged during the tenancy. The damage appears intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered ($816.50) is proved with an invoice and photographs. Sheer Curtains 6 See sections 40(2)(a), 41 and 49B RTA. 7 See Taylor v Webb [1937] 2KB 283 (CA). 8 See section 49B(3)(a) RTA. 9 See section 49B(3)(b) RTA 10 See section 49B(3A)(a) RTA. 11 See section 49B(1) RTA. 12 See Guo v Korck [2019] NZHC 1541.
The landlord claimed $488.75 to replace sheer curtains which were missing at the end of the tenancy. The IRD IR265 provides the estimated useful lifespan for curtains is 8 years. The landlord said the curtains would have been older than 8 years old therefore I consider they would have exceeded their useful lifespan. In addition, only a quote has been provided. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established and the landlord may not actually pay the amounts quoted. Further, a new tenancy has commenced, and the sheer curtains have not been replaced. In the circumstances I consider the landlord has not proven a loss and the claim is dismissed Carpet replacement.
The landlord claims $2,587.50 for carpet replacement based on a quote that has been obtained. Photographs were provided of stains on the carpet that the landlord says could not be removed by carpet cleaning. I have no information about the age of the carpet however a pre tenancy report was provided which shows the carpet in good condition at the start of the tenancy and I am satisfied this damage was likely caused during this tenancy.
Only a quote has been provided. As noted above, the Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established and the landlord may not actually pay the amounts quoted. In this case the landlord also advised the carpet has not been replaced and a new tenancy has commenced. In addition, the damage appears careless, and the tenant’s liability is therefore limited to the landlord’s insurance excess of $700.00. I consider the landlord has not established loss to the level claimed. However, in considering the extent of the damage I consider it reasonable that the tenant compensates the landlord $700 for damage, being the amount of the insurance excess. Disposal order
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The tenant left a fridge. The landlord is unable to contact the tenant to arrange removal of the fridge.
It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. 13 13 See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee - $27
As the landlord has been partly successful in the claim, I have awarded the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 14

Claims and awards in Tenancy Tribunal application 5156472 — net $7,295.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,064.29	Rent arrears
Water rates	$187.49	Water rates
Lock/key replacement: - locks	$581.00	Lock/key replacement: - locks
Lock/key replacement: - keys	$40.24	Lock/key replacement: - keys
Light bulbs/batteries: Two LED ceiling lights	$115.00	Light bulbs/batteries: Two LED ceiling lights
Rubbish removal: - flexi bin	$164.90	Rubbish removal: - flexi bin
Cleaning	$700.00	Cleaning
Replace broken door	$816.50	Replace broken door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$299.00	Carpet Cleaning
Carpet damage	$700.00	Carpet damage
Net award	$7,295.42
Total payable by Tenant to Landlord	$7,295.42

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Steve David Culham must pay [The landlord/s] $7,295.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy. The application form referred to a claim for exemplary damages. This claim was not pursued at the hearing and is accordingly dismissed. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent and water rates?

The tenancy ended on 14 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: Rent arrears - $9,064.29 and water rates- $187.49 (to 13/12/24).

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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. 2 The tenant must also replace standard light bulbs.
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4
The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish. The amount ordered for cleaning is $700 . I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted. I order $299 for carpet cleaning as the carpets were not clean.
The landlord had to remove rubbish. I make an order for the flexi bin rubbish collection cost of $164.90.
The tenant changed the locks and did not return the keys. The locks had to be changed and keys replaced. The amounts ordered are proved as follows: Locks and garage door remote replacement - $581 based on the Locksmiths invoice and Keys - $40.24
The landlord has to replace lightbulbs. The amount ordered ($115) is proved.

Is the tenant responsible for the damage to the premises?

It is a breach of the RTA if a tenant intentionally or carelessness causes damage or permit any other person to damage the premises. 5 Where a landlord is claiming compensation for damage 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 1 See section 40(1)(e)(ii)-(v) RTA. 2 See section 40(1)(ca) RTA. 3 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 5 Sees 40 (2)(a) not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 6
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 7
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). 8 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). 9 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 10
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. 11 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. 12
In assessing a claim for compensation, I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Damaged door
A door was damaged during the tenancy. The damage appears intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered ($816.50) is proved with an invoice and photographs. Sheer Curtains 6 See sections 40(2)(a), 41 and 49B RTA. 7 See Taylor v Webb [1937] 2KB 283 (CA). 8 See section 49B(3)(a) RTA. 9 See section 49B(3)(b) RTA 10 See section 49B(3A)(a) RTA. 11 See section 49B(1) RTA. 12 See Guo v Korck [2019] NZHC 1541.
The landlord claimed $488.75 to replace sheer curtains which were missing at the end of the tenancy. The IRD IR265 provides the estimated useful lifespan for curtains is 8 years. The landlord said the curtains would have been older than 8 years old therefore I consider they would have exceeded their useful lifespan. In addition, only a quote has been provided. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established and the landlord may not actually pay the amounts quoted. Further, a new tenancy has commenced, and the sheer curtains have not been replaced. In the circumstances I consider the landlord has not proven a loss and the claim is dismissed Carpet replacement.
The landlord claims $2,587.50 for carpet replacement based on a quote that has been obtained. Photographs were provided of stains on the carpet that the landlord says could not be removed by carpet cleaning. I have no information about the age of the carpet however a pre tenancy report was provided which shows the carpet in good condition at the start of the tenancy and I am satisfied this damage was likely caused during this tenancy.
Only a quote has been provided. As noted above, the Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established and the landlord may not actually pay the amounts quoted. In this case the landlord also advised the carpet has not been replaced and a new tenancy has commenced. In addition, the damage appears careless, and the tenant’s liability is therefore limited to the landlord’s insurance excess of $700.00. I consider the landlord has not established loss to the level claimed. However, in considering the extent of the damage I consider it reasonable that the tenant compensates the landlord $700 for damage, being the amount of the insurance excess. Disposal order
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The tenant left a fridge. The landlord is unable to contact the tenant to arrange removal of the fridge.
It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. 13 13 See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee - $27
As the landlord has been partly successful in the claim, I have awarded the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 14

Tenancy Tribunal case 5156472 — Rent arrears

At a glance

Tenancy Tribunal case 5156472 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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

How much is owed for rent and 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