What was the outcome of Tenancy Tribunal case 5162111?

The tribunal order states: Victoria Burns (aka Nikita Frances Parish), David John Morgan (aka David

How much money was awarded in case 5162111?

Cleaning: $281.83 awarded to landlord; Property Damage: $562.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $231.51 awarded to landlord; Rent Arrears: $5,760.00 awarded to landlord; Replace Furnishings: $342.50 awarded to landlord; Rubbish Removal: $280.00 awarded to landlord; Water Rates: $88.79 awarded to landlord

What type of tenancy dispute was case 5162111?

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

Where can I read the official tribunal order for case 5162111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11695953-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5162111?

The tribunal order states: Victoria Burns (aka Nikita Frances Parish), David John Morgan (aka David

How much money was awarded in case 5162111?

Cleaning: $281.83 awarded to landlord; Property Damage: $562.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $231.51 awarded to landlord; Rent Arrears: $5,760.00 awarded to landlord; Replace Furnishings: $342.50 awarded to landlord; Rubbish Removal: $280.00 awarded to landlord; Water Rates: $88.79 awarded to landlord

What type of tenancy dispute was case 5162111?

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

Where can I read the official tribunal order for case 5162111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11695953-Tenancy_Tribunal_Order.pdf.

22 Ngaio Road, Raumati Beach, Paraparaumu 5032 Tenancy Tribunal Case 5162111 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5162111 — net $7,573.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 March 2025	$5,760.00	Rent arrears to 20 March 2025
Lock/key replacement	$231.51	Lock/key replacement
Carpet Cleaning	$281.83	Carpet Cleaning
Rubbish removal	$280.00	Rubbish removal
Electrical fittings replacement/repair: oven	$562.00	Electrical fittings replacement/repair: oven
Replace furnishings	$342.50	Replace furnishings
Water rates	$88.79	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,573.63
Total payable by Tenant to Landlord	$7,573.63

The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to them at the scheduled time on the number provided to the Tribunal.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

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

A fixed-term tenancy agreement ending on 30 November 2025 was signed in the names of David Michael Wilson and Nikita Frances Parish. The tenants abandoned the property in February 2025 with substantial arrears, having never paid the bond and having caused substantial damage to the property. When the landlord took possession of the property, she found documents including a police report that showed the tenants had given false names on their tenancy application. This order includes the correct names of the tenants (Nikita Victoria Burns and David John Morgan) as well as the names they used for the tenancy agreement.

How much is owed for rent and water rates?

The tenants signed a fixed term tenancy ending on 30 November 2025. Following the tenants abandoning the property, the landlord took possession of the property and repaired the damage caused by the tenants. The property was subsequently re-let. The landlord provided rent records and water rates invoices which prove the amount owing as at 20 March 2025 was $5,760.00 for rent arrears and $88.79 for outstanding water invoices.

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 landlord provided oral evidence, photographs and invoices that show that at the end of the tenancy the premises were not left reasonably clean and tidy. Rubbish and belongings were strewn throughout the property, no cleaning had been undertaken, and furnishings were soiled with pet urine, blood and burns.

The tenant did not return the keys.

The amounts ordered are proved.

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.

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.

The landlord provided oral evidence, photographs and invoices that show that at the end of the tenancy the oven was broken and the curtains which were new at the beginning of the tenancy in January 2025 were damaged beyond repair. I am satisfied the damage was caused during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage.

The amounts ordered are proved.

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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Genevieve Laura Small has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5162111 — net $7,573.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 March 2025	$5,760.00	Rent arrears to 20 March 2025
Lock/key replacement	$231.51	Lock/key replacement
Carpet Cleaning	$281.83	Carpet Cleaning
Rubbish removal	$280.00	Rubbish removal
Electrical fittings replacement/repair: oven	$562.00	Electrical fittings replacement/repair: oven
Replace furnishings	$342.50	Replace furnishings
Water rates	$88.79	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,573.63
Total payable by Tenant to Landlord	$7,573.63

Order

Victoria Burns (aka Nikita Frances Parish), David John Morgan (aka David Michael Wilson must pay Genevieve Laura Small $7,573.63 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to them at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation, damages and reimbursement of the filing fee following the end of the tenancy.
A fixed-term tenancy agreement ending on 30 November 2025 was signed in the names of David Michael Wilson and Nikita Frances Parish. The tenants abandoned the property in February 2025 with substantial arrears, having never paid the bond and having caused substantial damage to the property. When the landlord took possession of the property, she found documents including a police report that showed the tenants had given false names on their tenancy application. This order includes the correct names of the tenants (Nikita Victoria Burns and David John Morgan) as well as the names they used for the tenancy agreement.

How much is owed for rent and water rates?

The tenants signed a fixed term tenancy ending on 30 November 2025. Following the tenants abandoning the property, the landlord took possession of the property and repaired the damage caused by the tenants. The property was subsequently re-let. The landlord provided rent records and water rates invoices which prove the amount owing as at 20 March 2025 was $5,760.00 for rent arrears and $88.79 for outstanding water invoices.

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 landlord provided oral evidence, photographs and invoices that show that at the end of the tenancy the premises were not left reasonably clean and tidy. Rubbish and belongings were strewn throughout the property, no cleaning had been undertaken, and furnishings were soiled with pet urine, blood and burns.
The tenant did not return the keys.
The amounts ordered are proved.

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.
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.
The landlord provided oral evidence, photographs and invoices that show that at the end of the tenancy the oven was broken and the curtains which were new at the beginning of the tenancy in January 2025 were damaged beyond repair. I am satisfied the damage was caused during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage.
The amounts ordered are proved.
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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Genevieve Laura Small has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5162111 — Rent arrears at 22 Ngaio Road, Raumati Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5162111 — Rent arrears at 22 Ngaio Road, Raumati Beach, Paraparaumu 5032

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