What was Tenancy Tribunal case 5187248 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 5187248?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $534.75 awarded to landlord; Rent Arrears: $1,675.71 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord

What type of tenancy dispute was case 5187248?

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

Where can I read the official tribunal order for case 5187248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12025945-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5187248 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 5187248?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $534.75 awarded to landlord; Rent Arrears: $1,675.71 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord

What type of tenancy dispute was case 5187248?

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

Where can I read the official tribunal order for case 5187248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12025945-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5187248 — Rent arrears

Claims and awards in Tenancy Tribunal application 5187248 — net $201.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,675.71	Rent arrears
Cleaning	$402.50	Cleaning
Rubbish removal	$322.00	Rubbish removal
Repairs	$534.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$201.96
Total payable by Tenant to Landlord	$201.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Tribunal dispenses with the requirements for service where the landlord files an application more than two months after the termination of the tenancy and proceeds as if the notice had been served on the tenant in accordance with the Act.
Ngarita Durel Parata must pay [The landlord/s] $201.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing on 25 June 2025.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail.
Section 91A of the Residential Tenancies Act 1986 (“RTA”) states that if a landlord files an application more than two months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant must be given in accordance with the service provisions of s. 92A (2)(a) to (d) RTA. The landlord has not complied with those provisions. The tenancy ended on 19 December 2024. The application was filed with the Tribunal on 5 March 2025.
Where a landlord fails to comply with those provisions and the Tribunal is satisfied that all reasonable efforts have been made to serve the notice on the tenant, the Tribunal may dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the RTA.
The landlord said that she had retained an e-mail address as being the e-mail address set out in the tenancy agreement as the tenants address for service. The landlord had spoken to the tenant in January 2025. The tenant confirmed her new physical address and said that she had returned to live with her parents.
In those circumstances, I consider that all reasonable efforts have been made by the landlord to serve the notice in accordance with the RTA.
I direct that any further requirement for service of the documents on the tenant be dispensed with and I have proceeded as if the notice had been served on the tenant in accordance with the RTA.
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?

The tenancy ended on 19 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,675.71.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the premises both interior and exterior were provided by the landlord. Those photos show that the premises had not been left reasonably clean and tidy and that rubbish was required to be removed. Invoices for cleaning and rubbish removal were provided.
The amounts ordered are 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 landlord's policy of insurance has an excess on each and every claim of $2,000.00.
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.
Walls were damaged during the tenancy. The landlord provided photos of the damage and an invoice for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5187248 — net $201.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,675.71	Rent arrears
Cleaning	$402.50	Cleaning
Rubbish removal	$322.00	Rubbish removal
Repairs	$534.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$201.96
Total payable by Tenant to Landlord	$201.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Tribunal dispenses with the requirements for service where the landlord files an application more than two months after the termination of the tenancy and proceeds as if the notice had been served on the tenant in accordance with the Act.
Ngarita Durel Parata must pay [The landlord/s] $201.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing on 25 June 2025.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail.
Section 91A of the Residential Tenancies Act 1986 (“RTA”) states that if a landlord files an application more than two months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant must be given in accordance with the service provisions of s. 92A (2)(a) to (d) RTA. The landlord has not complied with those provisions. The tenancy ended on 19 December 2024. The application was filed with the Tribunal on 5 March 2025.
Where a landlord fails to comply with those provisions and the Tribunal is satisfied that all reasonable efforts have been made to serve the notice on the tenant, the Tribunal may dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the RTA.
The landlord said that she had retained an e-mail address as being the e-mail address set out in the tenancy agreement as the tenants address for service. The landlord had spoken to the tenant in January 2025. The tenant confirmed her new physical address and said that she had returned to live with her parents.
In those circumstances, I consider that all reasonable efforts have been made by the landlord to serve the notice in accordance with the RTA.
I direct that any further requirement for service of the documents on the tenant be dispensed with and I have proceeded as if the notice had been served on the tenant in accordance with the RTA.
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?

The tenancy ended on 19 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,675.71.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the premises both interior and exterior were provided by the landlord. Those photos show that the premises had not been left reasonably clean and tidy and that rubbish was required to be removed. Invoices for cleaning and rubbish removal were provided.
The amounts ordered are 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 landlord's policy of insurance has an excess on each and every claim of $2,000.00.
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.
Walls were damaged during the tenancy. The landlord provided photos of the damage and an invoice for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5187248 — Rent arrears

At a glance

Tenancy Tribunal case 5187248 — Rent arrears

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