How much money was awarded in case 5160571?

Cleaning: $140.00 awarded to landlord; Cleaning: $1,045.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $28.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $631.03 awarded to landlord; Rent Arrears: $1,760.00 awarded to landlord

What type of tenancy dispute was case 5160571?

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

Where can I read the official tribunal order for case 5160571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702844-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5160571?

Cleaning: $140.00 awarded to landlord; Cleaning: $1,045.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $28.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $631.03 awarded to landlord; Rent Arrears: $1,760.00 awarded to landlord

What type of tenancy dispute was case 5160571?

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

Where can I read the official tribunal order for case 5160571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702844-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5160571 — Property damage

Q: What was Tenancy Tribunal case 5160571 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5160571 — net $4,831.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/12/2024	$1,760.00	Rent arrears to 31/12/2024
Cleaning & rubbish & chattels removal	$1,045.06	Cleaning & rubbish & chattels removal
Carpet Cleaning	$140.00	Carpet Cleaning
Lock/key replacement	$28.00	Lock/key replacement
Replacement bed bases x 3	$1,200.00	Replacement bed bases x 3
Repairs & painting x 2	$631.03	Repairs & painting x 2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,831.09
Bond	$6,160.00
Total payable by Tenant to Landlord	$4,831.09

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Albert Edmondson, Jenna Braun, Cameron Haye-Stokes, Alexandra Newman, Marlea Blonairz and Marc Franz Calzada Franz Calzada to pay [The landlord/s] $4,831.09 from the bond, calculated as shown in table below.

The application by the landlord for further compensation of $1,191.99 is dismissed.

The Bond Centre is to pay the bond of $6,160.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $4,831.09 Albert Edmondson, Jenna Braun, Cameron Haye-Stokes, Alexandra Newman, Marlea Blonairz and Marc Franz Calzada Franz Calzada: $1,328.91

Reasons

The landlord and two of the tenants attended the hearing, one tenant by telephone.

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?

The fixed term tenancy ended on 31/12/2024.

The landlord provided rent records which I am satisfied prove the amount owing.

Although the tenants agreed $440.00 rent was owing, they were unsure if there were any other arrears because two of the tenants had left the premises during the year.

The tenants are jointly and severally liable for the rent arrears between themselves and the landlord.

If there is a dispute between tenants as to who actually owes the arrears this is a matter which can be pursued in the Disputes Tribunal because it is a tenant/tenant issue.

Did the tenants 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.

The landlord claimed compensation of $1,805.05 as follows: a. $140.00 carpet cleaning b. $28.00 key replacement c. $1,045.06 cleaning, rubbish, and chattels removal d. $429.00 replacement vacuum cleaner e. $162.99 replacement mattress protectors.

In support of the claim the landlord provided entry and exit inspection reports with photographs dated 3/1/2024 and 3/1/2025 respectively, and invoices.

I am persuaded by the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish and significant possessions.

The tenants did not return all the keys.

However, the claim for replacement of the vacuum cleaner and mattress protectors fails because I am not satisfied, based on the evidence of the tenants, that these were chattels provided in the tenancy.

In particular the items were not mentioned as chattels in the tenancy agreement.

The amounts ordered are proved, in particular taking into account the size of the premises, six bedrooms and a sleep out and the details of the exit report I consider the amount claimed for cleaning, and rubbish and chattels removal reasonable.

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.

The landlord claimed compensation of $2,431.03 as follows: a. $406.64 for painting b. $224.39 for repairs and painting c. $1,800.00 for replacement of three bed bases.

On the other hand, the tenants suggested the walls and bed bases were damaged at the beginning of the tenancy.

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.

I am satisfied that damage was caused during the tenancy to two bedroom walls and three bed bases and that the damage is more than fair wear and tear.

However, the amount claimed for the replacement of the bed bases is reduced by one third to take into account depreciation.

As [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Suppression is granted pursuant to section 95A as the landlord has largely succeeded in the proceedings.

Claims and awards in Tenancy Tribunal application 5160571 — net $4,831.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/12/2024	$1,760.00	Rent arrears to 31/12/2024
Cleaning & rubbish & chattels removal	$1,045.06	Cleaning & rubbish & chattels removal
Carpet Cleaning	$140.00	Carpet Cleaning
Lock/key replacement	$28.00	Lock/key replacement
Replacement bed bases x 3	$1,200.00	Replacement bed bases x 3
Repairs & painting x 2	$631.03	Repairs & painting x 2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,831.09
Bond	$6,160.00
Total payable by Tenant to Landlord	$4,831.09

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Albert Edmondson, Jenna Braun, Cameron Haye-Stokes, Alexandra Newman, Marlea Blonairz and Marc Franz Calzada Franz Calzada to pay [The landlord/s] $4,831.09 from the bond, calculated as shown in table below.
The application by the landlord for further compensation of $1,191.99 is dismissed.
The Bond Centre is to pay the bond of $6,160.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $4,831.09 Albert Edmondson, Jenna Braun, Cameron Haye-Stokes, Alexandra Newman, Marlea Blonairz and Marc Franz Calzada Franz Calzada: $1,328.91

Reasons

The landlord and two of the tenants attended the hearing, one tenant by telephone.
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?

The fixed term tenancy ended on 31/12/2024.
The landlord provided rent records which I am satisfied prove the amount owing.
Although the tenants agreed $440.00 rent was owing, they were unsure if there were any other arrears because two of the tenants had left the premises during the year.
The tenants are jointly and severally liable for the rent arrears between themselves and the landlord.
If there is a dispute between tenants as to who actually owes the arrears this is a matter which can be pursued in the Disputes Tribunal because it is a tenant/tenant issue.

Did the tenants 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord claimed compensation of $1,805.05 as follows: a. $140.00 carpet cleaning b. $28.00 key replacement c. $1,045.06 cleaning, rubbish, and chattels removal d. $429.00 replacement vacuum cleaner e. $162.99 replacement mattress protectors.
In support of the claim the landlord provided entry and exit inspection reports with photographs dated 3/1/2024 and 3/1/2025 respectively, and invoices.
I am persuaded by the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish and significant possessions.
The tenants did not return all the keys.
However, the claim for replacement of the vacuum cleaner and mattress protectors fails because I am not satisfied, based on the evidence of the tenants, that these were chattels provided in the tenancy.
In particular the items were not mentioned as chattels in the tenancy agreement.
The amounts ordered are proved, in particular taking into account the size of the premises, six bedrooms and a sleep out and the details of the exit report I consider the amount claimed for cleaning, and rubbish and chattels removal reasonable.

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.
The landlord claimed compensation of $2,431.03 as follows: a. $406.64 for painting b. $224.39 for repairs and painting c. $1,800.00 for replacement of three bed bases.
On the other hand, the tenants suggested the walls and bed bases were damaged at the beginning of the tenancy.
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.
I am satisfied that damage was caused during the tenancy to two bedroom walls and three bed bases and that the damage is more than fair wear and tear.
However, the amount claimed for the replacement of the bed bases is reduced by one third to take into account depreciation.
As [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Suppression is granted pursuant to section 95A as the landlord has largely succeeded in the proceedings.

Tenancy Tribunal case 5160571 — Property damage

At a glance

Tenancy Tribunal case 5160571 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants 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?

Did the tenants 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