What was Tenancy Tribunal case 5158511 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 5158511?

Cleaning: $810.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $185.64 awarded to landlord; Rent Arrears: $16,560.00 awarded to landlord; Rubbish Removal: $2,731.25 awarded to landlord

What type of tenancy dispute was case 5158511?

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

Where can I read the official tribunal order for case 5158511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11771072-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5158511 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 5158511?

Cleaning: $810.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $185.64 awarded to landlord; Rent Arrears: $16,560.00 awarded to landlord; Rubbish Removal: $2,731.25 awarded to landlord

What type of tenancy dispute was case 5158511?

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

Where can I read the official tribunal order for case 5158511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11771072-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5158511 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5158511 — net $20,313.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 February 2025	$16,560.00	Rent arrears (to 23 February 2025
Repair damages and rubbish removal	$2,731.25	Repair damages and rubbish removal
Cleaning	$810.00	Cleaning
Window repair	$185.64	Window repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$20,313.89
Total payable by Tenant to Landlord	$20,313.89

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

In January 2025, the landlord was informed by a neighbour that it appeared the tenant had abandoned the premises. Following this notification, the landlord inspected the property and confirmed that it had been vacated without notice. The landlord claims rent arrears up to 23 February 2025, including rent in lieu of notice.

The landlord has provided a detailed rent ledger which accurately records the tenant’s payments and demonstrates the arrears claimed. I am satisfied, on the balance of probabilities, that the rent arrears calculated to 23 February 2025 are correctly proven.

Did the tenant comply with their obligations?

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.

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.

The landlord claims compensation for rubbish removal and damage repair costs totalling $2,731.25, cleaning costs of $810.00, window repairs of $185.64, and reimbursement of the Tribunal filing fee. In support of these claims, the landlord provided extensive photographic evidence of the condition of the premises at the end of the tenancy, along with relevant invoices.

On the evidence, I am satisfied that the tenant failed to leave the premises reasonably clean and tidy and failed to remove all rubbish, as required under section 40(1)(e) RTA. The cleaning and rubbish removal costs are therefore recoverable.

In relation to damage, the evidence establishes that the following occurred during the tenancy: damage to locksets on the hallway and bathroom doors, holes and damage to walls in the laundry, bedrooms, and toilet (with some incomplete repair attempts), damage to doors requiring them to be rehung, and broken windows and a ranch slider requiring reglazing. This level of damage is clearly more than fair wear and tear.

The tenant did not attend the hearing and has not disproved liability. In the absence of any evidence to the contrary, I find that the damage was caused carelessly or intentionally during the tenancy, and the tenant is therefore liable for the reasonable cost of reinstatement.

The amounts claimed by the landlord are supported by invoices and are reasonable in the circumstances. I am satisfied that the amounts sought are fair, necessary, and proportionate.

I have considered the principles of betterment and depreciation. A landlord is entitled to be returned, as nearly as possible, to the position they would have been in had the tenancy obligations been properly complied with, but not to a position better than they were entitled to under the tenancy agreement. In this case, the property had been newly decorated at the commencement of the tenancy, and therefore no significant depreciation applies. The full cost of repairs is therefore appropriately recoverable.

As the landlord has wholly succeeded with the claim, I must reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5158511 — net $20,313.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 February 2025	$16,560.00	Rent arrears (to 23 February 2025
Repair damages and rubbish removal	$2,731.25	Repair damages and rubbish removal
Cleaning	$810.00	Cleaning
Window repair	$185.64	Window repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$20,313.89
Total payable by Tenant to Landlord	$20,313.89

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Rico Dontay Makoares must pay [The landlord/s] $20,313.89 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

In January 2025, the landlord was informed by a neighbour that it appeared the tenant had abandoned the premises. Following this notification, the landlord inspected the property and confirmed that it had been vacated without notice. The landlord claims rent arrears up to 23 February 2025, including rent in lieu of notice.
The landlord has provided a detailed rent ledger which accurately records the tenant’s payments and demonstrates the arrears claimed. I am satisfied, on the balance of probabilities, that the rent arrears calculated to 23 February 2025 are correctly proven.

Did the tenant comply with their obligations?

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
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.
The landlord claims compensation for rubbish removal and damage repair costs totalling $2,731.25, cleaning costs of $810.00, window repairs of $185.64, and reimbursement of the Tribunal filing fee. In support of these claims, the landlord provided extensive photographic evidence of the condition of the premises at the end of the tenancy, along with relevant invoices.
On the evidence, I am satisfied that the tenant failed to leave the premises reasonably clean and tidy and failed to remove all rubbish, as required under section 40(1)(e) RTA. The cleaning and rubbish removal costs are therefore recoverable.
In relation to damage, the evidence establishes that the following occurred during the tenancy: damage to locksets on the hallway and bathroom doors, holes and damage to walls in the laundry, bedrooms, and toilet (with some incomplete repair attempts), damage to doors requiring them to be rehung, and broken windows and a ranch slider requiring reglazing. This level of damage is clearly more than fair wear and tear.
The tenant did not attend the hearing and has not disproved liability. In the absence of any evidence to the contrary, I find that the damage was caused carelessly or intentionally during the tenancy, and the tenant is therefore liable for the reasonable cost of reinstatement.
The amounts claimed by the landlord are supported by invoices and are reasonable in the circumstances. I am satisfied that the amounts sought are fair, necessary, and proportionate.
I have considered the principles of betterment and depreciation. A landlord is entitled to be returned, as nearly as possible, to the position they would have been in had the tenancy obligations been properly complied with, but not to a position better than they were entitled to under the tenancy agreement. In this case, the property had been newly decorated at the commencement of the tenancy, and therefore no significant depreciation applies. The full cost of repairs is therefore appropriately recoverable.
As the landlord has wholly succeeded with the claim, I must reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5158511 — Rent arrears

At a glance

Tenancy Tribunal case 5158511 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions