How much money was awarded in case 5166272?

Cleaning: $207.00 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $943.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Property Damage: $607.20 awarded to landlord; Property Damage: $667.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rubbish Removal: $1,414.50 awarded to landlord

What type of tenancy dispute was case 5166272?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5166272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900036-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5166272?

Cleaning: $207.00 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $943.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Property Damage: $607.20 awarded to landlord; Property Damage: $667.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rubbish Removal: $1,414.50 awarded to landlord

What type of tenancy dispute was case 5166272?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5166272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900036-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5166272 — Property damage

Q: What was Tenancy Tribunal case 5166272 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5166272 — net $2,691.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$253.00	Cleaning
Carpet cleaning	$207.00	Carpet cleaning
Rubbish removal	$1,414.50	Rubbish removal
Window repairs	$943.00	Window repairs
Repairs to walls	$920.00	Repairs to walls
Stove replacement	$607.20	Stove replacement
Door replacement (2 doors	$667.00	Door replacement (2 doors
Lock/key replacement	$253.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,691.70
Total payable by Tenant to Landlord	$2,691.70

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

Kelly Panapa must pay [The landlord/s] $2,691.70 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims are dismissed.

Reasons

Only the landlord, represented by [The landlord’s representative] attended the hearing. There was no appearance by the tenant nor any advice to the Tribunal of any reason why they could not attend. As the tenant has been notified, the hearing proceeded.

This tenancy started on 19 October 2021 and ended on 31 January 2025. The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. While the landlord also sought rent arrears at the hearing, as explained, this claim was not part of the landlord’s application, and so will not be considered.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning, carpet cleaning, and rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture, mattresses, and a metal structure. Cleaning was required, and carpet cleaning to remove stains.

The tenant did not return the keys to the sliding door (off the kitchen/dining area), so the lock and keys had to be replaced.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.

The landlord has advised that the damage is not covered by insurance. The rent for the premises is $690.00 per week.

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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Window/glass damage in the bedroom, kitchen door, and lounge: $943.00. b. Wall damage in the bedrooms, kitchen and lounge: $920.00. c. Stove damage: the oven door was damaged and then removed. The landlord had to replace the stove, but no evidence has been given on the age of this appliance. The landlord’s entry report, completed in 2021, shows this stove at the start of the tenancy, so it is likely to be at least 3.5 to 4 years old. The replacement cost is $1,012.00. The expected useful lifespan of a stove, under current depreciation guidelines, is around 8 to 10 years. I consider 60% of the replacement cost to be reasonable, which is $607.20. This amount is awarded above. d. Door replacement: two doors, in bedrooms 1 and 2, were damaged and had to be replaced: $667.00.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

An invoice for the remedial work has been produced. The amounts ordered are proved. Filing fee and name suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is granted on the same basis.

Order

Claims and awards in Tenancy Tribunal application 5166272 — net $2,691.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$253.00	Cleaning
Carpet cleaning	$207.00	Carpet cleaning
Rubbish removal	$1,414.50	Rubbish removal
Window repairs	$943.00	Window repairs
Repairs to walls	$920.00	Repairs to walls
Stove replacement	$607.20	Stove replacement
Door replacement (2 doors	$667.00	Door replacement (2 doors
Lock/key replacement	$253.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,691.70
Total payable by Tenant to Landlord	$2,691.70

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

Kelly Panapa must pay [The landlord/s] $2,691.70 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims are dismissed.

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not return the keys to the sliding door (off the kitchen/dining area), so the lock and keys had to be replaced.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord has advised that the damage is not covered by insurance. The rent for the premises is $690.00 per week.

Is the tenant responsible for the damage to the premises?

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

An invoice for the remedial work has been produced. The amounts ordered are proved. Filing fee and name suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is granted on the same basis.

Tenancy Tribunal case 5166272 — Property damage

At a glance

Tenancy Tribunal case 5166272 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Dismissed claims

Order

Reasons

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