What was Tenancy Tribunal case 5169114 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 5169114?

Cleaning: $414.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $1,417.16 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $153.00 awarded to landlord

What type of tenancy dispute was case 5169114?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5169114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11798818-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5169114 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 5169114?

Cleaning: $414.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $1,417.16 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $153.00 awarded to landlord

What type of tenancy dispute was case 5169114?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5169114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11798818-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5169114 — Rent arrears

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New Zealand Tenancy Tribunal Case 5169114 — Rent arrears | 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 5169114 — net $404.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/1/25	$1,417.16	Rent arrears to 27/1/25
Cleaning	$414.00	Cleaning
Rubbish removal: - transfer station fees	$153.00	Rubbish removal: - transfer station fees
Lawns and Garden work	$100.00	Lawns and Garden work
Rubbish removal	$200.00	Rubbish removal
Net award	$404.16
Total payable by Tenant to Landlord	$404.16

Claims and awards for application 5169114 — net $404.16 NZD. Verify on MoJ.

Rent arrears to 27/1/25

Amount: $1,417.16
Awarded to: Landlord
Reason: Rent arrears to 27/1/25

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: - transfer station fees

Amount: $153.00
Awarded to: Landlord
Reason: Rubbish removal: - transfer station fees

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s names and identifying details.
[The tenant/s] must pay Edinburgh Realty Ltd As Agent For Te Tarata Trust $404.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to Edinburgh Realty Ltd As Agent For Te Tarata Trust immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the remote hearing.
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 27 January 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. 1
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord claimed $414.00 for general cleaning and I make an order for this amount by consent.
The landlord claimed $8,006.65 for general maintenance and repairs (referred to further below), garden waste removal and rubbish removal. The invoices were text messages to the landlord and not did not show itemised tasks undertaken. I must consider what is reasonable to order based on the photographs provided and the tenant’s concession that some green waste and rubbish required removal. The amounts ordered are reasonable based on the evidence provided.

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. 2
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). 3 Where the damage is careless and is not covered by the 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6
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. 7 Wall damage
The landlord claims compensation for damage to one bedroom wall. The amount claimed relates to the claim for $8006.65 referred to above.
The landlord said the wallpaper was damaged at the start of the tenancy but was more damaged at the end.
The landlord has not proved all the damage was caused during the tenancy or is more than fair wear and tear and the claim is dismissed. Carpet/ rug damage
The landlord claimed $1,063.75 to replace a carpet in the main room. The landlord says the carpet was stained during the tenancy.
I must take 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.
The IR265 (general depreciation rates) states the estimated useful life span for carpet is 8 years. The carpet was estimated to be 7 years old and no pre tenancy inspection report was provided.
Only a quote has been provided. The landlord advised the carpet has not been replaced. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established.
For the above reasons, I do not find the landlord has established a loss and dismiss the claim in respect of the carpet/rug. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has not substantially succeeded with the claim I have not reimbursed the filing fee. Suppression
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. 8
The tenant has substantially succeeded in defending the claim and consented to some of the claims. Accordingly, I make an order that the tenant’s have name suppression.
The landlord was not substantially successful in their claims, therefore name suppression is declined.

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 5169114 — net $404.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/1/25	$1,417.16	Rent arrears to 27/1/25
Cleaning	$414.00	Cleaning
Rubbish removal: - transfer station fees	$153.00	Rubbish removal: - transfer station fees
Lawns and Garden work	$100.00	Lawns and Garden work
Rubbish removal	$200.00	Rubbish removal
Net award	$404.16
Total payable by Tenant to Landlord	$404.16

Claims and awards for application 5169114 — net $404.16 NZD. Verify on MoJ.

Rent arrears to 27/1/25

Amount: $1,417.16
Awarded to: Landlord
Reason: Rent arrears to 27/1/25

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: - transfer station fees

Amount: $153.00
Awarded to: Landlord
Reason: Rubbish removal: - transfer station fees

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s names and identifying details.
[The tenant/s] must pay Edinburgh Realty Ltd As Agent For Te Tarata Trust $404.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to Edinburgh Realty Ltd As Agent For Te Tarata Trust immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the remote hearing.
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 27 January 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. 1
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord claimed $414.00 for general cleaning and I make an order for this amount by consent.
The landlord claimed $8,006.65 for general maintenance and repairs (referred to further below), garden waste removal and rubbish removal. The invoices were text messages to the landlord and not did not show itemised tasks undertaken. I must consider what is reasonable to order based on the photographs provided and the tenant’s concession that some green waste and rubbish required removal. The amounts ordered are reasonable based on the evidence provided.

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. 2
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). 3 Where the damage is careless and is not covered by the 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6
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. 7 Wall damage
The landlord claims compensation for damage to one bedroom wall. The amount claimed relates to the claim for $8006.65 referred to above.
The landlord said the wallpaper was damaged at the start of the tenancy but was more damaged at the end.
The landlord has not proved all the damage was caused during the tenancy or is more than fair wear and tear and the claim is dismissed. Carpet/ rug damage
The landlord claimed $1,063.75 to replace a carpet in the main room. The landlord says the carpet was stained during the tenancy.
I must take 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.
The IR265 (general depreciation rates) states the estimated useful life span for carpet is 8 years. The carpet was estimated to be 7 years old and no pre tenancy inspection report was provided.
Only a quote has been provided. The landlord advised the carpet has not been replaced. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established.
For the above reasons, I do not find the landlord has established a loss and dismiss the claim in respect of the carpet/rug. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has not substantially succeeded with the claim I have not reimbursed the filing fee. Suppression
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. 8
The tenant has substantially succeeded in defending the claim and consented to some of the claims. Accordingly, I make an order that the tenant’s have name suppression.
The landlord was not substantially successful in their claims, therefore name suppression is declined.

Tenancy Tribunal case 5169114 — Rent arrears

At a glance

Tenancy Tribunal case 5169114 — Rent arrears

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