What was Tenancy Tribunal case 5183891 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 5183891?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $927.50 awarded to landlord; Rent Arrears: $652.86 awarded to landlord; Walls: $667.00 awarded to landlord

What type of tenancy dispute was case 5183891?

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

Where can I read the official tribunal order for case 5183891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004354-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5183891 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 5183891?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $927.50 awarded to landlord; Rent Arrears: $652.86 awarded to landlord; Walls: $667.00 awarded to landlord

What type of tenancy dispute was case 5183891?

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

Where can I read the official tribunal order for case 5183891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004354-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5183891 — Property damage

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New Zealand Tenancy Tribunal Case 5183891 — 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 5183891 — net $254.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/02/2025	$652.86	Rent arrears to 21/02/2025
Lawns and garden work from 22/11/2023 to 12/11/2024	$927.50	Lawns and garden work from 22/11/2023 to 12/11/2024
Repairs: walls	$667.00	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$254.36
Total payable by Tenant to Landlord	$254.36

Claims and awards for application 5183891 — net $254.36 NZD. Verify on MoJ.

Rent arrears to 21/02/2025

Amount: $652.86
Awarded to: Landlord
Reason: Rent arrears to 21/02/2025

Lawns and garden work from 22/11/2023 to 12/11/2024

Amount: $927.50
Awarded to: Landlord
Reason: Lawns and garden work from 22/11/2023 to 12/11/2024

Repairs: walls

Amount: $667.00
Awarded to: Landlord
Reason: Repairs: walls

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $254.36

Total payable by Tenant to Landlord

Landlord $254.36

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Shaye Turner must pay [The landlord/s] $254.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,020.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via video conference. The tenant did not join the video conference, so the Tribunal called her on the number provided. The tenant did not answer.
The absence of a party does not prevent the matter from being heard and determined.
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 and garden work?

The tenancy ended on 21 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided invoices for garden work from 22 November 2023 to 12 November 2024. The landlord did not claim for the final garden work at the end of the tenancy.

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.
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 landlord says the tenant used paint she found in the garage to cover some repairs. However, the paint was old and as a result, the paintwork is patchy and noticeably different from the other walls (photographs provided). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved and is the lower of the quotes provided. The work involves sanding down, touching up the attempted repairs, and repainting.
As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
The landlord is entitled to name suppression as requested on their application form.

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 5183891 — net $254.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/02/2025	$652.86	Rent arrears to 21/02/2025
Lawns and garden work from 22/11/2023 to 12/11/2024	$927.50	Lawns and garden work from 22/11/2023 to 12/11/2024
Repairs: walls	$667.00	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$254.36
Total payable by Tenant to Landlord	$254.36

Claims and awards for application 5183891 — net $254.36 NZD. Verify on MoJ.

Rent arrears to 21/02/2025

Amount: $652.86
Awarded to: Landlord
Reason: Rent arrears to 21/02/2025

Lawns and garden work from 22/11/2023 to 12/11/2024

Amount: $927.50
Awarded to: Landlord
Reason: Lawns and garden work from 22/11/2023 to 12/11/2024

Repairs: walls

Amount: $667.00
Awarded to: Landlord
Reason: Repairs: walls

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $254.36

Total payable by Tenant to Landlord

Landlord $254.36

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Shaye Turner must pay [The landlord/s] $254.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,020.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via video conference. The tenant did not join the video conference, so the Tribunal called her on the number provided. The tenant did not answer.
The absence of a party does not prevent the matter from being heard and determined.
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 and garden work?

The tenancy ended on 21 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided invoices for garden work from 22 November 2023 to 12 November 2024. The landlord did not claim for the final garden work at the end of the tenancy.

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.
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 landlord says the tenant used paint she found in the garage to cover some repairs. However, the paint was old and as a result, the paintwork is patchy and noticeably different from the other walls (photographs provided). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved and is the lower of the quotes provided. The work involves sanding down, touching up the attempted repairs, and repainting.
As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
The landlord is entitled to name suppression as requested on their application form.

Tenancy Tribunal case 5183891 — Property damage

At a glance

Tenancy Tribunal case 5183891 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and garden work?

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 garden work?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions