What was Tenancy Tribunal case 5177511 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 5177511?

Rent Arrears: $1,821.43 awarded to landlord; Rubbish Removal: $178.57 awarded to landlord

What type of tenancy dispute was case 5177511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5177511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12150792-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5177511 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 5177511?

Rent Arrears: $1,821.43 awarded to landlord; Rubbish Removal: $178.57 awarded to landlord

What type of tenancy dispute was case 5177511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5177511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12150792-Tribunal_Order_Redacted.pdf.

750 Robinsons Road, Rolleston, RD 8, Rolleston 7678 Tenancy Tribunal Case 5177511 — Rent arrears

Claims and awards in Tenancy Tribunal application 5177511 — net $2,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 4 December 2024	$1,821.43	Rent arrears as at 4 December 2024
Rubbish removal and toilet seat	$178.57	Rubbish removal and toilet seat
Net award	$2,000.00
Bond	$3,400.00
Total payable by Tenant to Landlord	$2,000.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The tenant to pay Whittle Knight & Boatwood Limited Acting Agent For Nigel Watkins $2000.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: Whittle Knight & Boatwood Limited Acting Agent For Nigel Watkins: $2000.00 [The tenant/s]: $1,400.00
The term of the fixed-term tenancy of [The tenant/s] at 750 Robinsons Road, Rolleston, RD 8, Rolleston 7678 is reduced and ended on 4 December 2024.

Reasons

Both parties attended the hearing which was held remotely.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for retrospective reduction of her fixed term tenancy, compensation for the labour for filling in the pot holed driveway, payment of the bond and reimbursement of the filing fee. Reduction in fixed term tenancy
This was the first issue to be heard at today’s hearing.
The tenant has applied for retrospective reduction of the fixed-term tenancy which was due to end on 12 March 2025.
On 20 October 2024 the tenant requested a reduction in her fixed term tenancy and advised that she wanted it to end on 4 December 2024. The landlord advised her that they would end the tenancy on 6 January 2025.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I accept the tenant’s evidence that there were issues relating to the tenancy that amounted to an unforeseen change in her circumstances. Those issues largely related to the condition of the premises – for example, there were electrical issues, including live wires in the ensuite, which took more than 2 months to repair; and overflowing down pipes and faulty smoke alarms which were advised to the landlord on 12 August 2024 and never remedied.
I also accept that there were mould issues in the house which I suspect were as a result of the overflowing downpipes.
Given these issues I am satisfied that the tenant would have suffered severe hardship if the term of the tenancy were not reduced. A tenant should not be required to live in premises in which there are significant issues and where the landlord fails to remedy those issues in a timely way.
While I accept that the landlord would suffer hardship because I have reduced the fixed term, I am not ordering the tenant to pay any kind of compensation to the landlord because of the reduction, (other than rent payable to 4 December 2024), because the issues have been of the landlord’s making.

How much is owed for rent?

At today’s hearing the tenant accepted that as at 4 December 2024 she owed $1,821.43 in rent arrears.

Did the tenant comply with her 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.
I accept the photographic evidence that the tenant left behind some rubbish at the end of the tenancy, including a couch.

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 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.
The landlord claims the excess payable to have the floor repaired, the cost of replacing the shower door and the cost of replacing the broken toilet seat.
I am dismissing the claim for the excess payable for repair of the wooden floor. While it is accepted that the tenant caused a small amount of damage when a log fell from the fire, the photographs show that the floor was in very poor repair in its entirety, with a lot of exposed wood. The floor needs to be repaired, notwithstanding the damage caused by the log.
I am also dismissing the claim for the replacement shower door. This is because the shower door was old and in a condition that was well past what could be considered its expected life.
The tenant accepted that the toilet seat was broken during her tenancy and so she is responsible for the cost of its replacement, less an amount for depreciation. Sum awarded to the landlord
It was difficult to determine how much the tenant ought to pay for rubbish removal and replacement of the toilet seat because the invoice of $970.09 included rubbish removal, the shower door and the toilet seat.
While I offered an adjournment so that the landlord could obtain an itemised account, the parties agreed that the matter could be concluded today by the landlord receiving $2,000.00 from the bond and the remaining bond to go to the tenant.
I considered that this was a reasonable settlement, taking into account the entirety of both parties’ claims. Suppression of name
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order 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.
I am allowing the tenant’s application for suppression of her name because she was successful in her claim against the landlord and partially successful in defence of the landlord’s claim against her.
The landlord did not apply for suppression of their name. C ter Haar 22 July 2025

Claims and awards in Tenancy Tribunal application 5177511 — net $2,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 4 December 2024	$1,821.43	Rent arrears as at 4 December 2024
Rubbish removal and toilet seat	$178.57	Rubbish removal and toilet seat
Net award	$2,000.00
Bond	$3,400.00
Total payable by Tenant to Landlord	$2,000.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The tenant to pay Whittle Knight & Boatwood Limited Acting Agent For Nigel Watkins $2000.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: Whittle Knight & Boatwood Limited Acting Agent For Nigel Watkins: $2000.00 [The tenant/s]: $1,400.00
The term of the fixed-term tenancy of [The tenant/s] at 750 Robinsons Road, Rolleston, RD 8, Rolleston 7678 is reduced and ended on 4 December 2024.

Reasons

Both parties attended the hearing which was held remotely.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for retrospective reduction of her fixed term tenancy, compensation for the labour for filling in the pot holed driveway, payment of the bond and reimbursement of the filing fee. Reduction in fixed term tenancy
This was the first issue to be heard at today’s hearing.
The tenant has applied for retrospective reduction of the fixed-term tenancy which was due to end on 12 March 2025.
On 20 October 2024 the tenant requested a reduction in her fixed term tenancy and advised that she wanted it to end on 4 December 2024. The landlord advised her that they would end the tenancy on 6 January 2025.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I accept the tenant’s evidence that there were issues relating to the tenancy that amounted to an unforeseen change in her circumstances. Those issues largely related to the condition of the premises – for example, there were electrical issues, including live wires in the ensuite, which took more than 2 months to repair; and overflowing down pipes and faulty smoke alarms which were advised to the landlord on 12 August 2024 and never remedied.
I also accept that there were mould issues in the house which I suspect were as a result of the overflowing downpipes.
Given these issues I am satisfied that the tenant would have suffered severe hardship if the term of the tenancy were not reduced. A tenant should not be required to live in premises in which there are significant issues and where the landlord fails to remedy those issues in a timely way.
While I accept that the landlord would suffer hardship because I have reduced the fixed term, I am not ordering the tenant to pay any kind of compensation to the landlord because of the reduction, (other than rent payable to 4 December 2024), because the issues have been of the landlord’s making.

How much is owed for rent?

At today’s hearing the tenant accepted that as at 4 December 2024 she owed $1,821.43 in rent arrears.

Did the tenant comply with her 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.
I accept the photographic evidence that the tenant left behind some rubbish at the end of the tenancy, including a couch.

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 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.
The landlord claims the excess payable to have the floor repaired, the cost of replacing the shower door and the cost of replacing the broken toilet seat.
I am dismissing the claim for the excess payable for repair of the wooden floor. While it is accepted that the tenant caused a small amount of damage when a log fell from the fire, the photographs show that the floor was in very poor repair in its entirety, with a lot of exposed wood. The floor needs to be repaired, notwithstanding the damage caused by the log.
I am also dismissing the claim for the replacement shower door. This is because the shower door was old and in a condition that was well past what could be considered its expected life.
The tenant accepted that the toilet seat was broken during her tenancy and so she is responsible for the cost of its replacement, less an amount for depreciation. Sum awarded to the landlord
It was difficult to determine how much the tenant ought to pay for rubbish removal and replacement of the toilet seat because the invoice of $970.09 included rubbish removal, the shower door and the toilet seat.
While I offered an adjournment so that the landlord could obtain an itemised account, the parties agreed that the matter could be concluded today by the landlord receiving $2,000.00 from the bond and the remaining bond to go to the tenant.
I considered that this was a reasonable settlement, taking into account the entirety of both parties’ claims. Suppression of name
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order 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.
I am allowing the tenant’s application for suppression of her name because she was successful in her claim against the landlord and partially successful in defence of the landlord’s claim against her.
The landlord did not apply for suppression of their name. C ter Haar 22 July 2025

Tenancy Tribunal case 5177511 — Rent arrears at 750 Robinsons Road, Rolleston, RD 8, Rolleston 7678

At a glance

Tenancy Tribunal case 5177511 — Rent arrears at 750 Robinsons Road, Rolleston, RD 8, Rolleston 7678

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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 her 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