How much money was awarded in case 5163611?

Cleaning: $287.50 awarded to landlord; Cleaning: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Paint Garage Due To Graffiti: $1,293.75 awarded to landlord; Property Damage: $958.33 awarded to landlord; Rent Arrears: $6,795.00 awarded to landlord; Rubbish Removal: $2,242.50 awarded to landlord; Water Rates: $1,959.82 awarded to landlord

What type of tenancy dispute was case 5163611?

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

Where can I read the official tribunal order for case 5163611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11592480-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5163611?

Cleaning: $287.50 awarded to landlord; Cleaning: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Paint Garage Due To Graffiti: $1,293.75 awarded to landlord; Property Damage: $958.33 awarded to landlord; Rent Arrears: $6,795.00 awarded to landlord; Rubbish Removal: $2,242.50 awarded to landlord; Water Rates: $1,959.82 awarded to landlord

What type of tenancy dispute was case 5163611?

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

Where can I read the official tribunal order for case 5163611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11592480-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5163611 — Rent arrears

Q: What was Tenancy Tribunal case 5163611 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 5163611 — net $12,101.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/03/2025	$6,795.00	Rent arrears to 18/03/2025
Water rates	$1,959.82	Water rates
Rubbish removal & skip hire	$2,242.50	Rubbish removal & skip hire
General clean	$977.50	General clean
Carpet cleaning	$287.50	Carpet cleaning
Repair damaged walls & paint in bedroom	$958.33	Repair damaged walls & paint in bedroom
Paint garage due to graffiti	$1,293.75	Paint garage due to graffiti
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$12,101.40
Total payable by Tenant to Landlord	$12,101.40

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

The tenancy of Benjamin Matthews and Deanna Motu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Benjamin Matthews and Deanna Motu must pay [The landlord/s] $12,101.40 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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

The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates, refund of the bond, and compensation.

Should the tenancy be terminated?

Under the Residential Tenancies Act 1986 (RTA), a landlord is entitled to seek termination of a tenancy and compensation when a tenant breaches their obligations, particularly in cases of non-payment of rent and abandonment of the property.

The landlord has filed for termination under section 55 RTA, which permits immediate termination if the tenant is at least 21 days in arrears at the time the application is submitted. The landlord has submitted a rent summary confirming that the tenants’ arrears were at least 21 days overdue when the application was made, satisfying the statutory requirement. As this claim is proven, termination of the tenancy is justified.

How much do the tenants owe for rent and water charges?

The landlord has provided a rent summary and Watercare invoices proving the amounts owed as ordered above. Is the landlord entitled to compensation due to the tenants breaching 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) RTA.

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 asserts that the tenants have abandoned the premises. Supporting evidence includes reports from neighbours confirming the tenants' departure, a 48-hour notice of inspection, and photographs showing the property appeared unoccupied. The majority of the tenants' belongings have been removed, leaving only rubbish and discarded items behind, all of which substantiate the claim that the tenants have abandoned the property.

Additionally, the landlord has submitted photographic evidence along with a quote for cleaning, rubbish removal, and repairs due to the significant damage and the mess left behind by the tenants. While an invoice is typically preferred, the Tribunal takes a practical approach and accepts a quote when the costs are deemed reasonable. The landlord's claims for the following are therefore accepted: • Rubbish removal & skip bin hire $2,242.50 – This cost is reasonable given the extent of the rubbish left inside and outside the property. • General clean $977.50 – The photographs support the property was left in an unclean state. • Carpet cleaning $287.50 – The need for professional carpet cleaning due to the state of the property is justified and recoverable. • Regarding repairs to the damaged bedroom wall, the landlord has claimed $1,437.50 for repairs and repainting. As painting is subject to depreciation, the Tribunal applies a two-thirds allowance, reducing this amount accordingly. Similarly, the landlord has claimed $1,725 for painting the garage due to extensive graffiti. The Tribunal allows three- quarters of this claim, as paintwork has a limited lifespan, and only part of the cost can be recovered. Filing fee and suppression order

As the landlord has been successful in their claim, the tenants are ordered to reimburse the Tribunal filing fee under section 102(4) of the RTA. The landlord is also granted a suppression order under section 95, meaning their details will not be published, as they were wholly successful in proving their case.

Claims and awards in Tenancy Tribunal application 5163611 — net $12,101.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/03/2025	$6,795.00	Rent arrears to 18/03/2025
Water rates	$1,959.82	Water rates
Rubbish removal & skip hire	$2,242.50	Rubbish removal & skip hire
General clean	$977.50	General clean
Carpet cleaning	$287.50	Carpet cleaning
Repair damaged walls & paint in bedroom	$958.33	Repair damaged walls & paint in bedroom
Paint garage due to graffiti	$1,293.75	Paint garage due to graffiti
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$12,101.40
Total payable by Tenant to Landlord	$12,101.40

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Benjamin Matthews and Deanna Motu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Benjamin Matthews and Deanna Motu must pay [The landlord/s] $12,101.40 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenants on the contact numbers provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.
The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates, refund of the bond, and compensation.

Should the tenancy be terminated?

Under the Residential Tenancies Act 1986 (RTA), a landlord is entitled to seek termination of a tenancy and compensation when a tenant breaches their obligations, particularly in cases of non-payment of rent and abandonment of the property.
The landlord has filed for termination under section 55 RTA, which permits immediate termination if the tenant is at least 21 days in arrears at the time the application is submitted. The landlord has submitted a rent summary confirming that the tenants’ arrears were at least 21 days overdue when the application was made, satisfying the statutory requirement. As this claim is proven, termination of the tenancy is justified.

How much do the tenants owe for rent and water charges?

The landlord has provided a rent summary and Watercare invoices proving the amounts owed as ordered above. Is the landlord entitled to compensation due to the tenants breaching 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) RTA.
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 asserts that the tenants have abandoned the premises. Supporting evidence includes reports from neighbours confirming the tenants' departure, a 48-hour notice of inspection, and photographs showing the property appeared unoccupied. The majority of the tenants' belongings have been removed, leaving only rubbish and discarded items behind, all of which substantiate the claim that the tenants have abandoned the property.
Additionally, the landlord has submitted photographic evidence along with a quote for cleaning, rubbish removal, and repairs due to the significant damage and the mess left behind by the tenants. While an invoice is typically preferred, the Tribunal takes a practical approach and accepts a quote when the costs are deemed reasonable. The landlord's claims for the following are therefore accepted: • Rubbish removal & skip bin hire $2,242.50 – This cost is reasonable given the extent of the rubbish left inside and outside the property. • General clean $977.50 – The photographs support the property was left in an unclean state. • Carpet cleaning $287.50 – The need for professional carpet cleaning due to the state of the property is justified and recoverable. • Regarding repairs to the damaged bedroom wall, the landlord has claimed $1,437.50 for repairs and repainting. As painting is subject to depreciation, the Tribunal applies a two-thirds allowance, reducing this amount accordingly. Similarly, the landlord has claimed $1,725 for painting the garage due to extensive graffiti. The Tribunal allows three- quarters of this claim, as paintwork has a limited lifespan, and only part of the cost can be recovered. Filing fee and suppression order
As the landlord has been successful in their claim, the tenants are ordered to reimburse the Tribunal filing fee under section 102(4) of the RTA. The landlord is also granted a suppression order under section 95, meaning their details will not be published, as they were wholly successful in proving their case.

Tenancy Tribunal case 5163611 — Rent arrears

At a glance

Tenancy Tribunal case 5163611 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants owe for rent and water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants owe for rent and water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions