How much money was awarded in case 5189282?

Filing Fee: $27.00 awarded to landlord; Property Damage: $8,415.90 awarded to landlord; Rubbish Removal: $1,366.20 awarded to landlord

What type of tenancy dispute was case 5189282?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5189282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11931742-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5189282?

Filing Fee: $27.00 awarded to landlord; Property Damage: $8,415.90 awarded to landlord; Rubbish Removal: $1,366.20 awarded to landlord

What type of tenancy dispute was case 5189282?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5189282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11931742-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5189282 — Property damage

Q: What was Tenancy Tribunal case 5189282 about?

The tribunal order states: The Tribunal orders suppression of the landlord name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5189282 — net $9,809.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,366.20	Rubbish removal
Compensation for damage loss	$8,415.90	Compensation for damage loss
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,809.10
Total payable by Tenant to Landlord	$9,809.10

The Tribunal orders suppression of the landlord name and identifying details.

Tania Sharma must pay [The landlord/s] $9,809.10 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$1,366.20 Compensation for damage loss$8,415.90 Filing fee reimbursement$27.00 Total award$9,809.10 Total payable by Tenant to Landlord$9,809.10

Reasons

Only the applicant attended the hearing which took place by telephone. [The landlord’s representative] attended as representative for the landlord. The tenant was called on the number provided but there was no response. The file records that notice of the hearing was sent to the tenant by email so the hearing proceeded in her absence.

The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 3 March 2025 by order of the Tribunal dated 24 February 2025. The Tribunal also ordered the bond refund and the tenant to pay rent and water arrears on that date. The landlord advised that these orders are in the process of being enforced and any enforcement fees can be included by Collections in the enforcement.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved. Photographs and invoices for the rubbish removal both interior and exterior have been provided.

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.

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: extensive holes in walls, damage to base of front door, damage to kitchen cupboards and interior doors and extensively scratched floors. The landlord advised that the tenant was breeding dogs at the premises without consent and that they caused damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having considered the entry and exit inspection photographs and the extent of the damage I find on the balance of probabilities that the damage was intentionally caused.

The application filed seeks $9351.00 compensation for the damage. The landlord provided a quote for the damage repairs in the sum of $9351.00 dated 6 March 2025 but advised that the work to remedy the damage was not done as the property was sold.

The landlord advised that initially the purchaser made an offer sight unseen but after inspecting the premises reduced the offer by $20,000. The landlord provided an email from the Real Estate Agent stating that after viewing the premises and seeing the condition of the property the offer was reduced and that half of the reduction related to the condition of the house.

The Tribunal takes a cautious approach when only one quote is provided. I have considered the evidence including the loss to the landlord by reduction in the purchase price due in part to the extensive damage at the premises. I find that it is appropriate to order the tenant to pay the amount of $8415.90 compensation being a reduction of ten percent on the quote. Filing fee/Suppression

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and I have suppressed the landlord details in the order as consistent with the previous order made. See sections 102(4) and 95A Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5189282 — net $9,809.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,366.20	Rubbish removal
Compensation for damage loss	$8,415.90	Compensation for damage loss
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,809.10
Total payable by Tenant to Landlord	$9,809.10

Order

The Tribunal orders suppression of the landlord name and identifying details.
Tania Sharma must pay [The landlord/s] $9,809.10 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$1,366.20 Compensation for damage loss$8,415.90 Filing fee reimbursement$27.00 Total award$9,809.10 Total payable by Tenant to Landlord$9,809.10

Reasons

Only the applicant attended the hearing which took place by telephone. [The landlord’s representative] attended as representative for the landlord. The tenant was called on the number provided but there was no response. The file records that notice of the hearing was sent to the tenant by email so the hearing proceeded in her absence.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 3 March 2025 by order of the Tribunal dated 24 February 2025. The Tribunal also ordered the bond refund and the tenant to pay rent and water arrears on that date. The landlord advised that these orders are in the process of being enforced and any enforcement fees can be included by Collections in the enforcement.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved. Photographs and invoices for the rubbish removal both interior and exterior have been provided.

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.
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: extensive holes in walls, damage to base of front door, damage to kitchen cupboards and interior doors and extensively scratched floors. The landlord advised that the tenant was breeding dogs at the premises without consent and that they caused damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having considered the entry and exit inspection photographs and the extent of the damage I find on the balance of probabilities that the damage was intentionally caused.
The application filed seeks $9351.00 compensation for the damage. The landlord provided a quote for the damage repairs in the sum of $9351.00 dated 6 March 2025 but advised that the work to remedy the damage was not done as the property was sold.
The landlord advised that initially the purchaser made an offer sight unseen but after inspecting the premises reduced the offer by $20,000. The landlord provided an email from the Real Estate Agent stating that after viewing the premises and seeing the condition of the property the offer was reduced and that half of the reduction related to the condition of the house.
The Tribunal takes a cautious approach when only one quote is provided. I have considered the evidence including the loss to the landlord by reduction in the purchase price due in part to the extensive damage at the premises. I find that it is appropriate to order the tenant to pay the amount of $8415.90 compensation being a reduction of ten percent on the quote. Filing fee/Suppression
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and I have suppressed the landlord details in the order as consistent with the previous order made. See sections 102(4) and 95A Residential Tenancies Act 1986.

Tenancy Tribunal case 5189282 — Property damage

At a glance

Tenancy Tribunal case 5189282 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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