What was Tenancy Tribunal case 5179353 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 5179353?

Filing Fee: $27.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent Arrears: $1,511.43 awarded to landlord; Bathroom Ceiling: $650.00 awarded to landlord; Carpet: $780.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 5179353?

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

Where can I read the official tribunal order for case 5179353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991238-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5179353 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 5179353?

Filing Fee: $27.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent Arrears: $1,511.43 awarded to landlord; Bathroom Ceiling: $650.00 awarded to landlord; Carpet: $780.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 5179353?

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

Where can I read the official tribunal order for case 5179353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991238-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5179353 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5179353 — Property damage | 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 5179353 — net $3,948.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,511.43	Rent arrears
Repairs: Bathroom ceiling	$650.00	Repairs: Bathroom ceiling
Repairs: Carpet	$780.00	Repairs: Carpet
Rubbish removal	$80.00	Rubbish removal
Hob Insurance excess	$900.00	Hob Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,948.43
Total payable by Tenant to Landlord	$3,948.43

Claims and awards for application 5179353 — net $3,948.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,511.43
Awarded to: Landlord
Reason: Rent arrears

Repairs: Bathroom ceiling

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Bathroom ceiling

Repairs: Carpet

Amount: $780.00
Awarded to: Landlord
Reason: Repairs: Carpet

Rubbish removal

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal

Hob Insurance excess

Amount: $900.00
Awarded to: Landlord
Reason: Hob Insurance excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Leah Simone de Loree must pay [The landlord/s] $3,948.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,511.43.

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

At the end of the tenancy the tenant must remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The tenant did not remove all rubbish. The landlord provided an invoice for rubbish removal and photos of the rubbish. The landlord’s claim is for $80.00 which includes labour travel and tip fees. The claim is reasonable.
The amount ordered is proven.

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. The landlord is insured. The landlords policy of insurance carries an excess of $900.00.
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.
The following damage was caused during the tenancy: The ceiling in one of the bathrooms was damaged. The landlord said that this was due to the extractor fan not being operated by the tenant whilst the shower was being used. The premises had a second shower. The landlord said that clearly the extractor fan in that shower had been used as the ceiling was not damaged. The landlord provided photos of the damaged area and in invoice for the repair of $650.00. Carpet was damaged as a result of a pot plant being placed on the carpet which has leaked. A photo was provided of the damage and a quote for repairs. The landlord’s claim is for $780.00. The kitchen hob has cracked. The landlord was not sure how this had occurred, but suggested that it may have been a result of someone dropping something heavy onto the safety glass of the hob. The replacement cost is $1,470.00. The landlord is insured and seeks the excess of $900.00 in compensation.
The damage referred to above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered.

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 5179353 — net $3,948.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,511.43	Rent arrears
Repairs: Bathroom ceiling	$650.00	Repairs: Bathroom ceiling
Repairs: Carpet	$780.00	Repairs: Carpet
Rubbish removal	$80.00	Rubbish removal
Hob Insurance excess	$900.00	Hob Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,948.43
Total payable by Tenant to Landlord	$3,948.43

Claims and awards for application 5179353 — net $3,948.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,511.43
Awarded to: Landlord
Reason: Rent arrears

Repairs: Bathroom ceiling

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Bathroom ceiling

Repairs: Carpet

Amount: $780.00
Awarded to: Landlord
Reason: Repairs: Carpet

Rubbish removal

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal

Hob Insurance excess

Amount: $900.00
Awarded to: Landlord
Reason: Hob Insurance excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Leah Simone de Loree must pay [The landlord/s] $3,948.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,511.43.

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

At the end of the tenancy the tenant must remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The tenant did not remove all rubbish. The landlord provided an invoice for rubbish removal and photos of the rubbish. The landlord’s claim is for $80.00 which includes labour travel and tip fees. The claim is reasonable.
The amount ordered is proven.

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. The landlord is insured. The landlords policy of insurance carries an excess of $900.00.
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.
The following damage was caused during the tenancy: The ceiling in one of the bathrooms was damaged. The landlord said that this was due to the extractor fan not being operated by the tenant whilst the shower was being used. The premises had a second shower. The landlord said that clearly the extractor fan in that shower had been used as the ceiling was not damaged. The landlord provided photos of the damaged area and in invoice for the repair of $650.00. Carpet was damaged as a result of a pot plant being placed on the carpet which has leaked. A photo was provided of the damage and a quote for repairs. The landlord’s claim is for $780.00. The kitchen hob has cracked. The landlord was not sure how this had occurred, but suggested that it may have been a result of someone dropping something heavy onto the safety glass of the hob. The replacement cost is $1,470.00. The landlord is insured and seeks the excess of $900.00 in compensation.
The damage referred to above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5179353 — Property damage

At a glance

Tenancy Tribunal case 5179353 — Property damage

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