What was Tenancy Tribunal case 5160573 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 5160573?

Carpet Assessment: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Bedroom 3 Door: $287.50 awarded to landlord; Property Damage: $6,400.00 awarded to landlord; Property Damage: $44.00 awarded to landlord; Property Damage: $226.99 awarded to landlord; Property Damage: $1,750.32 awarded to landlord; Property Damage: $1,008.87 awarded to landlord; Rent Arrears: $4,715.25 awarded to landlord; Replace Clothes Rack: $36.18 awarded to landlord; Rubbish Removal: $1,212.68 awarded to landlord

What type of tenancy dispute was case 5160573?

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

Where can I read the official tribunal order for case 5160573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12128995-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5160573 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 5160573?

Carpet Assessment: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Bedroom 3 Door: $287.50 awarded to landlord; Property Damage: $6,400.00 awarded to landlord; Property Damage: $44.00 awarded to landlord; Property Damage: $226.99 awarded to landlord; Property Damage: $1,750.32 awarded to landlord; Property Damage: $1,008.87 awarded to landlord; Rent Arrears: $4,715.25 awarded to landlord; Replace Clothes Rack: $36.18 awarded to landlord; Rubbish Removal: $1,212.68 awarded to landlord

What type of tenancy dispute was case 5160573?

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

Where can I read the official tribunal order for case 5160573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12128995-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5160573 — Property damage

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New Zealand Tenancy Tribunal Case 5160573 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5160573 — net $9,920.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/12/2024	$4,715.25	Rent arrears to 31/12/2024
Cleaning & rubbish removal	$1,212.68	Cleaning & rubbish removal
Carpet replacement	$6,400.00	Carpet replacement
Key replacement	$44.00	Key replacement
Carpet assessment	$92.00	Carpet assessment
Replacement mattress protectors	$226.99	Replacement mattress protectors
Replace clothes rack	$36.18	Replace clothes rack
Painting bedroom 3 door	$287.50	Painting bedroom 3 door
__________________________________________________________________________________ 51605732 Replacement & hanging bedroo	$1,750.32	__________________________________________________________________________________ 51605732 Replacement & hanging bedroo
Repairs & painting of damaged walls in bedrooms	$1,008.87	Repairs & painting of damaged walls in bedrooms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,920.79
Total payable by Tenant to Landlord	$9,920.79

Claims and awards for application 5160573 — net $9,920.79 NZD. Verify on MoJ.

Rent arrears to 31/12/2024

Amount: $4,715.25
Awarded to: Landlord
Reason: Rent arrears to 31/12/2024

Cleaning & rubbish removal

Amount: $1,212.68
Awarded to: Landlord
Reason: Cleaning & rubbish removal

Carpet replacement

Amount: $6,400.00
Awarded to: Landlord
Reason: Carpet replacement

Key replacement

Amount: $44.00
Awarded to: Landlord
Reason: Key replacement

Carpet assessment

Amount: $92.00
Awarded to: Landlord
Reason: Carpet assessment

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
By consent [The former tenant] is removed as a party to these proceedings and her name will be suppressed in the published Order.
Che Arekatera Te Ra, Taumana Hickey, Caitlin Te Puia, Eli Ellison, Peter Keenan, Watene Edwards-Webb, Logan Clark, and Samuel Chadwick must pay [The landlord/s] $9,920.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord and Mr Chadwick attended the hearing in person, [The former tenant] attended 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.
[The former tenant] cross applied to have her name removed from the proceedings because she believed her tenancy had been assigned as at 1/1/2024.
The tenancy was originally for a fixed term from 1/1/2023 to 31/12/2023 and extended to 31/12/2024 at a weekly rent of $1,540.00.
The parties agreed that [The former tenant] had vacated the premises and found a replacement tenant who had paid her share of the bond to her, to take her place from 1/1/2024.
Despite all the remaining tenants not having signed the documentation provided to them I am satisfied, and the parties present at the hearing agreed that [The former tenant] should be removed as a party to the proceedings.

How much is owed for rent?

The tenancy ended on 31/12/2024.
The landlord sought rent arrears of $4,715.25 and provided rent records to support the claim.
The tenant agreed the amount of rent arrears owed.

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. 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 $1,519.85 as follows: a. $1,212.68 for cleaning and rubbish removal, b. $44.00 for replacing keys, c. $226.99 for replacement of 7 mattress protectors, d. $36.18 for replacement of a clothes rack.
In support of the claim the landlord provided entry, routine and exit reports, with photographs, and invoices.
On the other hand, the tenant disputed the amount claimed for cleaning and rubbish removal and provided photographs of the state of the premises he said were taken when the last tenants left on 31/12/2024.
Based on the photographs the tenant provided a quote dated 21/3/2025 for cleaning of $793.50.
In addition, the tenant submitted that there were no mattress protectors provided at the beginning of the tenancy, despite these being noted as chattels on the tenancy agreement.
I am persuaded by the evidence of the landlord that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
While the photographs provided by the tenant show some areas of the premises having been left reasonably clean and tidy, I am not persuaded that the photographs show the whole of the property, in particular the outside areas and rubbish evident in the landlord’s photographs.
The tenant did not return all the keys.
I am satisfied from the initial property inspection report that the mattress protectors were in the premises at the beginning of the tenancy but were missing or stained at the end of the tenancy.
There is no dispute that the clothes rack in bedroom 3 was damaged during the tenancy and not replaced.
Taking into account the size of the premises and the evidence of the cleaning required, rubbish removal and tip fees I consider the amounts claimed are 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 sought compensation of $11,938.69 as follows: a. $1,408.87 for repairs and painting of bedroom walls, b. $287.50 for painting of the bedroom 3 replacement door, c. $1,126.00 for the new fireproof bedroom 3 door, d. $624.32 for installation of the replacement bedroom 3 door, e. $92.00 for assessment of the carpets, f. $8,400.00 insurance excess for carpet replacement in 7 bedrooms and the hallway.
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 the carpets, walls, and the door in bedroom 3.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage in bedroom 3 or the carpet stains.
The photographs provided by the tenant confirm the damage to other bedroom walls.
In determining the amount to award, I have taken 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 addition, I have reduced the amount of insurance excesses claimed because the evidence does not support that all the carpet stains were intentional, at least prior to the section 56 notice on 14/9/2024.
An award has been made against all the tenants because they are jointly and severally liable between themselves and the landlord for the amount awarded.
However, if the tenants have a dispute between themselves as to who is liable for part or all of the amount awarded, they can pursue such a claim in the Disputes Tribunal.
This is because it is a tenant/tenant issue, not a landlord tenant issue, the Tenancy Tribunal only has jurisdiction between landlords and tenants.
As the landlord has largely succeeded with the claim, I must award the filing fee.
Suppression is granted to the landlord because she has been successful in the proceedings.
I have also granted suppression to the tenant who has been removed from the proceedings because I consider it is reasonable to do so in the circumstances.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5160573 — net $9,920.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/12/2024	$4,715.25	Rent arrears to 31/12/2024
Cleaning & rubbish removal	$1,212.68	Cleaning & rubbish removal
Carpet replacement	$6,400.00	Carpet replacement
Key replacement	$44.00	Key replacement
Carpet assessment	$92.00	Carpet assessment
Replacement mattress protectors	$226.99	Replacement mattress protectors
Replace clothes rack	$36.18	Replace clothes rack
Painting bedroom 3 door	$287.50	Painting bedroom 3 door
__________________________________________________________________________________ 51605732 Replacement & hanging bedroo	$1,750.32	__________________________________________________________________________________ 51605732 Replacement & hanging bedroo
Repairs & painting of damaged walls in bedrooms	$1,008.87	Repairs & painting of damaged walls in bedrooms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,920.79
Total payable by Tenant to Landlord	$9,920.79

Claims and awards for application 5160573 — net $9,920.79 NZD. Verify on MoJ.

Rent arrears to 31/12/2024

Amount: $4,715.25
Awarded to: Landlord
Reason: Rent arrears to 31/12/2024

Cleaning & rubbish removal

Amount: $1,212.68
Awarded to: Landlord
Reason: Cleaning & rubbish removal

Carpet replacement

Amount: $6,400.00
Awarded to: Landlord
Reason: Carpet replacement

Key replacement

Amount: $44.00
Awarded to: Landlord
Reason: Key replacement

Carpet assessment

Amount: $92.00
Awarded to: Landlord
Reason: Carpet assessment

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
By consent [The former tenant] is removed as a party to these proceedings and her name will be suppressed in the published Order.
Che Arekatera Te Ra, Taumana Hickey, Caitlin Te Puia, Eli Ellison, Peter Keenan, Watene Edwards-Webb, Logan Clark, and Samuel Chadwick must pay [The landlord/s] $9,920.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord and Mr Chadwick attended the hearing in person, [The former tenant] attended 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.
[The former tenant] cross applied to have her name removed from the proceedings because she believed her tenancy had been assigned as at 1/1/2024.
The tenancy was originally for a fixed term from 1/1/2023 to 31/12/2023 and extended to 31/12/2024 at a weekly rent of $1,540.00.
The parties agreed that [The former tenant] had vacated the premises and found a replacement tenant who had paid her share of the bond to her, to take her place from 1/1/2024.
Despite all the remaining tenants not having signed the documentation provided to them I am satisfied, and the parties present at the hearing agreed that [The former tenant] should be removed as a party to the proceedings.

How much is owed for rent?

The tenancy ended on 31/12/2024.
The landlord sought rent arrears of $4,715.25 and provided rent records to support the claim.
The tenant agreed the amount of rent arrears owed.

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. 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 $1,519.85 as follows: a. $1,212.68 for cleaning and rubbish removal, b. $44.00 for replacing keys, c. $226.99 for replacement of 7 mattress protectors, d. $36.18 for replacement of a clothes rack.
In support of the claim the landlord provided entry, routine and exit reports, with photographs, and invoices.
On the other hand, the tenant disputed the amount claimed for cleaning and rubbish removal and provided photographs of the state of the premises he said were taken when the last tenants left on 31/12/2024.
Based on the photographs the tenant provided a quote dated 21/3/2025 for cleaning of $793.50.
In addition, the tenant submitted that there were no mattress protectors provided at the beginning of the tenancy, despite these being noted as chattels on the tenancy agreement.
I am persuaded by the evidence of the landlord that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
While the photographs provided by the tenant show some areas of the premises having been left reasonably clean and tidy, I am not persuaded that the photographs show the whole of the property, in particular the outside areas and rubbish evident in the landlord’s photographs.
The tenant did not return all the keys.
I am satisfied from the initial property inspection report that the mattress protectors were in the premises at the beginning of the tenancy but were missing or stained at the end of the tenancy.
There is no dispute that the clothes rack in bedroom 3 was damaged during the tenancy and not replaced.
Taking into account the size of the premises and the evidence of the cleaning required, rubbish removal and tip fees I consider the amounts claimed are 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 sought compensation of $11,938.69 as follows: a. $1,408.87 for repairs and painting of bedroom walls, b. $287.50 for painting of the bedroom 3 replacement door, c. $1,126.00 for the new fireproof bedroom 3 door, d. $624.32 for installation of the replacement bedroom 3 door, e. $92.00 for assessment of the carpets, f. $8,400.00 insurance excess for carpet replacement in 7 bedrooms and the hallway.
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 the carpets, walls, and the door in bedroom 3.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage in bedroom 3 or the carpet stains.
The photographs provided by the tenant confirm the damage to other bedroom walls.
In determining the amount to award, I have taken 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 addition, I have reduced the amount of insurance excesses claimed because the evidence does not support that all the carpet stains were intentional, at least prior to the section 56 notice on 14/9/2024.
An award has been made against all the tenants because they are jointly and severally liable between themselves and the landlord for the amount awarded.
However, if the tenants have a dispute between themselves as to who is liable for part or all of the amount awarded, they can pursue such a claim in the Disputes Tribunal.
This is because it is a tenant/tenant issue, not a landlord tenant issue, the Tenancy Tribunal only has jurisdiction between landlords and tenants.
As the landlord has largely succeeded with the claim, I must award the filing fee.
Suppression is granted to the landlord because she has been successful in the proceedings.
I have also granted suppression to the tenant who has been removed from the proceedings because I consider it is reasonable to do so in the circumstances.

Tenancy Tribunal case 5160573 — Property damage

At a glance

Tenancy Tribunal case 5160573 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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