What was Tenancy Tribunal case 5192831 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 5192831?

Filing Fee: $27.00 awarded to landlord; Lawns: $50.00 awarded to landlord; Property Damage: $223.50 awarded to landlord; Rent Arrears: $3,610.00 awarded to landlord; Property Damage: $782.00 awarded to landlord; Rubbish Removal: $297.85 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord; Water Rates: $358.03 awarded to landlord

What type of tenancy dispute was case 5192831?

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

Where can I read the official tribunal order for case 5192831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12088729-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5192831 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 5192831?

Filing Fee: $27.00 awarded to landlord; Lawns: $50.00 awarded to landlord; Property Damage: $223.50 awarded to landlord; Rent Arrears: $3,610.00 awarded to landlord; Property Damage: $782.00 awarded to landlord; Rubbish Removal: $297.85 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord; Water Rates: $358.03 awarded to landlord

What type of tenancy dispute was case 5192831?

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

Where can I read the official tribunal order for case 5192831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12088729-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5192831 — Rent arrears

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New Zealand Tenancy Tribunal Case 5192831 — Rent arrears | 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 5192831 — net $3,575.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,610.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$358.03	Water rates
Lock/key replacement	$223.50	Lock/key replacement
Repairs: Wall damage	$782.00	Repairs: Wall damage
Rubbish removal	$297.85	Rubbish removal
Lawns	$50.00	Lawns
Cleaning and rubbish removal	$747.50	Cleaning and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,575.88
Total payable by Tenant to Landlord	$3,575.88

Claims and awards for application 5192831 — net $3,575.88 NZD. Verify on MoJ.

Rent arrears

Amount: $3,610.00
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $358.03
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $223.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Wall damage

Amount: $782.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Rubbish removal

Amount: $297.85
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

This is an amended order to reflect compensation for wall repairs. No further changes have been made.

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Michelle Tolu and Mathew Tuamaalo must pay [The landlord/s] $3,575.88 immediately, being rent arrears to 6 March 2025.
The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates 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 water rates arrears?

The tenancy ended on 6 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenants left behind items such as furniture which required removal. The lawns required mowing. An exit inspection report and invoices were provided.
The tenant did not return the keys. An invoice was provided.
The amounts ordered 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 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.
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: wall damage in the bathroom, master bedroom and small dents throughout the property. The tenants agreed to paying for the damage to the walls in the toilet. Entry and exit inspection reports and invoices were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As Harper Property Management Limited As Agent For Nilesh Bhikha has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.
As the Tenant has not been successful, name suppression is declined.

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 5192831 — net $3,575.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,610.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$358.03	Water rates
Lock/key replacement	$223.50	Lock/key replacement
Repairs: Wall damage	$782.00	Repairs: Wall damage
Rubbish removal	$297.85	Rubbish removal
Lawns	$50.00	Lawns
Cleaning and rubbish removal	$747.50	Cleaning and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,575.88
Total payable by Tenant to Landlord	$3,575.88

Claims and awards for application 5192831 — net $3,575.88 NZD. Verify on MoJ.

Rent arrears

Amount: $3,610.00
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $358.03
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $223.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Wall damage

Amount: $782.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Rubbish removal

Amount: $297.85
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

This is an amended order to reflect compensation for wall repairs. No further changes have been made.

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Michelle Tolu and Mathew Tuamaalo must pay [The landlord/s] $3,575.88 immediately, being rent arrears to 6 March 2025.
The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates 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 water rates arrears?

The tenancy ended on 6 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenants left behind items such as furniture which required removal. The lawns required mowing. An exit inspection report and invoices were provided.
The tenant did not return the keys. An invoice was provided.
The amounts ordered 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 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.
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: wall damage in the bathroom, master bedroom and small dents throughout the property. The tenants agreed to paying for the damage to the walls in the toilet. Entry and exit inspection reports and invoices were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As Harper Property Management Limited As Agent For Nilesh Bhikha has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.
As the Tenant has not been successful, name suppression is declined.

Tenancy Tribunal case 5192831 — Rent arrears

At a glance

Tenancy Tribunal case 5192831 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 and water rates arrears?

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