How much money was awarded in case 5185938?

Cleaning: $420.00 awarded to landlord; Cleaning: $875.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $187.20 awarded to landlord; Rent Arrears: $2,621.43 awarded to landlord; Reinstall Wall Lights: $140.00 awarded to landlord; Repaint Bedroom: $1,080.00 awarded to landlord; Trellis And Letterbox: $275.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord

What type of tenancy dispute was case 5185938?

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

Where can I read the official tribunal order for case 5185938?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702168-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5185938?

Cleaning: $420.00 awarded to landlord; Cleaning: $875.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $187.20 awarded to landlord; Rent Arrears: $2,621.43 awarded to landlord; Reinstall Wall Lights: $140.00 awarded to landlord; Repaint Bedroom: $1,080.00 awarded to landlord; Trellis And Letterbox: $275.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord

What type of tenancy dispute was case 5185938?

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

Where can I read the official tribunal order for case 5185938?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702168-Tribunal_Order_Redacted.pdf.

27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410 Tenancy Tribunal Case 5185938 — Rent arrears

Q: What was Tenancy Tribunal case 5185938 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 5185938 — net $5,800.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 10 December 2024 to 23 January 2025	$2,621.43	Rent arrears 10 December 2024 to 23 January 2025
Lock/key replacement	$187.20	Lock/key replacement
Cleaning	$875.00	Cleaning
Carpet Cleaning	$420.00	Carpet Cleaning
Repairs: reinstall wall lights	$140.00	Repairs: reinstall wall lights
Repairs: repaint bedroom	$1,080.00	Repairs: repaint bedroom
Repairs: trellis and letterbox	$275.00	Repairs: trellis and letterbox
Rubbish removal	$175.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,800.63
Total payable by Tenant to Landlord	$5,800.63

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

Hamish Abernethy must pay [The landlord/s] $5,800.63 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears 10 December 2024 to 23 January 2025$2,621.43 Lock/key replacement$187.20 Cleaning$875.00 Carpet Cleaning$420.00 Repairs: reinstall wall lights$140.00 Repairs: repaint bedroom$1,080.00 Repairs: trellis and letterbox$275.00 Rubbish removal$175.00 Filing fee reimbursement$27.00 Total award$5,800.63 Total payable by Tenant to Landlord$5,800.63

Reasons

The landlord attended the hearing.

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 was terminated by an order of the Tribunal 5048843 on 10 December 2025. Rent to that date was included in that order and was paid to the landlord by a payment from the bond.

The tenant was evicted by a bailiff on 23 January 2025. The landlord provided a rent statement for the tenancy to that date.

The landlord is awarded rent for the period from 10 December 2024 to 23 January 2025 with credit for rent paid by the tenant during that period.

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) Residential Tenancies Act 1986.

The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, had stained the carpet and did not remove all rubbish. The tenant had taken what he wanted, leaving a substantial amount of rubbish and other items behind, especially in the garage, and had not cleaned much of the property.

The tenant did not return the keys.

The amounts claimed are within the reasonable range for services of this nature in this region seen regularly by the Tribunal and are proved.

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: a. Wall lights were removed from a wall but not reinstated. b. A bedroom was painted black and required reinstatement. c. A trellis and letterbox were damaged by a guest of the tenant. This was witnessed by the landlord.

The damage was intentional and is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5185938 — net $5,800.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 10 December 2024 to 23 January 2025	$2,621.43	Rent arrears 10 December 2024 to 23 January 2025
Lock/key replacement	$187.20	Lock/key replacement
Cleaning	$875.00	Cleaning
Carpet Cleaning	$420.00	Carpet Cleaning
Repairs: reinstall wall lights	$140.00	Repairs: reinstall wall lights
Repairs: repaint bedroom	$1,080.00	Repairs: repaint bedroom
Repairs: trellis and letterbox	$275.00	Repairs: trellis and letterbox
Rubbish removal	$175.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,800.63
Total payable by Tenant to Landlord	$5,800.63

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Hamish Abernethy must pay [The landlord/s] $5,800.63 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears 10 December 2024 to 23 January 2025$2,621.43 Lock/key replacement$187.20 Cleaning$875.00 Carpet Cleaning$420.00 Repairs: reinstall wall lights$140.00 Repairs: repaint bedroom$1,080.00 Repairs: trellis and letterbox$275.00 Rubbish removal$175.00 Filing fee reimbursement$27.00 Total award$5,800.63 Total payable by Tenant to Landlord$5,800.63

Reasons

The landlord attended the hearing.
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 was terminated by an order of the Tribunal 5048843 on 10 December 2025. Rent to that date was included in that order and was paid to the landlord by a payment from the bond.
The tenant was evicted by a bailiff on 23 January 2025. The landlord provided a rent statement for the tenancy to that date.
The landlord is awarded rent for the period from 10 December 2024 to 23 January 2025 with credit for rent paid by the tenant during that period.

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) Residential Tenancies Act 1986.
The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, had stained the carpet and did not remove all rubbish. The tenant had taken what he wanted, leaving a substantial amount of rubbish and other items behind, especially in the garage, and had not cleaned much of the property.
The tenant did not return the keys.
The amounts claimed are within the reasonable range for services of this nature in this region seen regularly by the Tribunal and are proved.

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: a. Wall lights were removed from a wall but not reinstated. b. A bedroom was painted black and required reinstatement. c. A trellis and letterbox were damaged by a guest of the tenant. This was witnessed by the landlord.
The damage was intentional and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5185938 — Rent arrears at 27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410

At a glance

Tenancy Tribunal case 5185938 — Rent arrears at 27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410

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