How much money was awarded in case 5165372?

Cleaning: $312.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Lightbulbs: $9.86 awarded to landlord; Property Damage: $129.00 awarded to landlord; Property Damage: $40.43 awarded to landlord; Rent Arrears: $244.29 awarded to landlord; Rubbish Removal: $374.00 awarded to landlord

What type of tenancy dispute was case 5165372?

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

Where can I read the official tribunal order for case 5165372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11842288-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5165372?

Cleaning: $312.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Lightbulbs: $9.86 awarded to landlord; Property Damage: $129.00 awarded to landlord; Property Damage: $40.43 awarded to landlord; Rent Arrears: $244.29 awarded to landlord; Rubbish Removal: $374.00 awarded to landlord

What type of tenancy dispute was case 5165372?

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

Where can I read the official tribunal order for case 5165372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11842288-Tribunal_Order_Redacted.pdf.

3 Glen Place, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5165372 — Cleanliness

Q: What was Tenancy Tribunal case 5165372 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 5165372 — net $1,266.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.2.25	$244.29	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Rubbish removal	$374.00	Rubbish removal
Lawns and Garden work: Tidy up	$130.00	Lawns and Garden work: Tidy up
Cleaning	$312.00	Cleaning
Light bulbs/batteries	$9.86	Light bulbs/batteries
Shower slide replacement	$129.00	Shower slide replacement
Kitchen back door handle replacement	$40.43	Kitchen back door handle replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,266.58
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,266.58

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

Pania Wallace and Christopher Banks to pay [The landlord/s] $1,266.58 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,266.58 Pania Wallace and Christopher Banks: $933.42

Reasons

The landlord attended the hearing via remote teleconference. A telephone call to the tenants went unanswered to voicemail. The hearing continued in their absence.

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 tenancy ended on 1 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenants are responsible for the rent debt.

The claim for rent arrears is proven.

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 tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also had to replace a number of light bulbs.

The landlord provided comprehensive photographic evidence confirming the state of the premises at the conclusion of the tenancy. The tenants left behind a significant amount of rubbish and old furniture. The lawns were overgrown, and the Council bins had to be resorted. I have also sighted paid invoices and receipts filed in support of the claims for rubbish removal, property tidy up, cleaning and replacement light bulbs.

I am satisfied from the evidence provided that the tenants breached their obligations in respect of these claims.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. Shower slide rail and kitchen back door handle replacement:

The landlord claims that the tenants damaged the shower rose slide rail. The landlord was also required to replace the kitchen back door handle due to damage. Evidence was provided in support of these two claims in the form of entry and exit photographs. I have also sighted payment receipts for the new slide rail and door handle.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5165372 — net $1,266.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.2.25	$244.29	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Rubbish removal	$374.00	Rubbish removal
Lawns and Garden work: Tidy up	$130.00	Lawns and Garden work: Tidy up
Cleaning	$312.00	Cleaning
Light bulbs/batteries	$9.86	Light bulbs/batteries
Shower slide replacement	$129.00	Shower slide replacement
Kitchen back door handle replacement	$40.43	Kitchen back door handle replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,266.58
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,266.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Pania Wallace and Christopher Banks to pay [The landlord/s] $1,266.58 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,266.58 Pania Wallace and Christopher Banks: $933.42

Reasons

The landlord attended the hearing via remote teleconference. A telephone call to the tenants went unanswered to voicemail. The hearing continued in their absence.
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 tenancy ended on 1 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenants are responsible for the rent debt.
The claim for rent arrears is proven.

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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also had to replace a number of light bulbs.
The landlord provided comprehensive photographic evidence confirming the state of the premises at the conclusion of the tenancy. The tenants left behind a significant amount of rubbish and old furniture. The lawns were overgrown, and the Council bins had to be resorted. I have also sighted paid invoices and receipts filed in support of the claims for rubbish removal, property tidy up, cleaning and replacement light bulbs.
I am satisfied from the evidence provided that the tenants breached their obligations in respect of these claims.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. Shower slide rail and kitchen back door handle replacement:
The landlord claims that the tenants damaged the shower rose slide rail. The landlord was also required to replace the kitchen back door handle due to damage. Evidence was provided in support of these two claims in the form of entry and exit photographs. I have also sighted payment receipts for the new slide rail and door handle.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5165372 — Cleanliness at 3 Glen Place, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 5165372 — Cleanliness at 3 Glen Place, Awapuni, Palmerston North 4412

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