How much money was awarded in case 5172212?

Cleaning: $322.00 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,402.86 awarded to landlord; Door: $178.25 awarded to landlord; Kitchen Cabinet Glass: $69.00 awarded to landlord; Wall: $362.25 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Rubbish Removal: $92.00 awarded to landlord; Water Rates: $1,082.27 awarded to landlord

What type of tenancy dispute was case 5172212?

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

Where can I read the official tribunal order for case 5172212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11972187-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5172212?

Cleaning: $322.00 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,402.86 awarded to landlord; Door: $178.25 awarded to landlord; Kitchen Cabinet Glass: $69.00 awarded to landlord; Wall: $362.25 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Rubbish Removal: $92.00 awarded to landlord; Water Rates: $1,082.27 awarded to landlord

What type of tenancy dispute was case 5172212?

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

Where can I read the official tribunal order for case 5172212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11972187-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5172212 — Rent arrears

Q: What was Tenancy Tribunal case 5172212 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 5172212 — net $2,800.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.2.2025	$2,402.86	Rent arrears to 1.2.2025
Water rates	$1,082.27	Water rates
Cleaning	$747.50	Cleaning
Carpet cleaning	$322.00	Carpet cleaning
Rubbish removal: interior	$92.00	Rubbish removal: interior
Rubbish removal (exterior), lawn & gardening	$517.50	Rubbish removal (exterior), lawn & gardening
Repairs: wall	$362.25	Repairs: wall
Repairs: kitchen cabinet glass	$69.00	Repairs: kitchen cabinet glass
Repairs: door	$178.25	Repairs: door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,800.63
Total payable by Tenant to Landlord	$2,800.63

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

Shanae Cornish must pay [The landlord/s] $2,800.63 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, and the matter was called for a second time. The tenant still did not attend, and the hearing proceeded.

The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 February 2025. The landlord advises that the tenant gave notice to end the tenancy. The landlord provided oral evidence, along with rent records and water rates invoices 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. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning, carpet cleaning, rubbish removal and lawn/gardening costs. The landlord has produced evidence, including invoices, and inspection reports with photographs showing the condition of the premises at the start and end of the tenancy. The landlord states that the premises had been newly renovated before the tenant moved in, with new carpet and drapes being installed. The landlord’s evidence establishes that, at the end of the tenancy, cleaning was required, including professional carpet cleaning to remove stains. Rubbish was left behind, and the lawn and garden were overgrown.

The amounts ordered are proved. Legal 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 RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B of the 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 tenancy agreement records that the landlord is insured for tenant damage and the insurance excess is $650.00. The rent for this premises is $750.00 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 (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: a. Wall damage in the lounge: $362.25 b. Kitchen cabinet glass (missing): $69.00 c. Door damage: $178.25

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. In awarding the above amounts, betterment and depreciation have been taken into account. Other costs

The landlord sought reimbursement of a filing fee relating to a previous application that was resolved at mediation. As explained at the hearing, since the evidence does not show agreement to this fee being paid by the tenant following mediation, either from the mediator’s order or some other evidence, this cost is declined. Name suppression and filing fee

An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.

The landlord’s request for the filing fee for the current application is awarded on the same basis.

Claims and awards in Tenancy Tribunal application 5172212 — net $2,800.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.2.2025	$2,402.86	Rent arrears to 1.2.2025
Water rates	$1,082.27	Water rates
Cleaning	$747.50	Cleaning
Carpet cleaning	$322.00	Carpet cleaning
Rubbish removal: interior	$92.00	Rubbish removal: interior
Rubbish removal (exterior), lawn & gardening	$517.50	Rubbish removal (exterior), lawn & gardening
Repairs: wall	$362.25	Repairs: wall
Repairs: kitchen cabinet glass	$69.00	Repairs: kitchen cabinet glass
Repairs: door	$178.25	Repairs: door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,800.63
Total payable by Tenant to Landlord	$2,800.63

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Shanae Cornish must pay [The landlord/s] $2,800.63 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, and the matter was called for a second time. The tenant still did not attend, and the hearing proceeded.
The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 February 2025. The landlord advises that the tenant gave notice to end the tenancy. The landlord provided oral evidence, along with rent records and water rates invoices 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. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning, carpet cleaning, rubbish removal and lawn/gardening costs. The landlord has produced evidence, including invoices, and inspection reports with photographs showing the condition of the premises at the start and end of the tenancy. The landlord states that the premises had been newly renovated before the tenant moved in, with new carpet and drapes being installed. The landlord’s evidence establishes that, at the end of the tenancy, cleaning was required, including professional carpet cleaning to remove stains. Rubbish was left behind, and the lawn and garden were overgrown.
The amounts ordered are proved. Legal 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 RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the 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 tenancy agreement records that the landlord is insured for tenant damage and the insurance excess is $650.00. The rent for this premises is $750.00 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 (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: a. Wall damage in the lounge: $362.25 b. Kitchen cabinet glass (missing): $69.00 c. Door damage: $178.25
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. In awarding the above amounts, betterment and depreciation have been taken into account. Other costs
The landlord sought reimbursement of a filing fee relating to a previous application that was resolved at mediation. As explained at the hearing, since the evidence does not show agreement to this fee being paid by the tenant following mediation, either from the mediator’s order or some other evidence, this cost is declined. Name suppression and filing fee
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.
The landlord’s request for the filing fee for the current application is awarded on the same basis.

Tenancy Tribunal case 5172212 — Rent arrears

At a glance

Tenancy Tribunal case 5172212 — Rent arrears

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