What was Tenancy Tribunal case 5195852 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 5195852?

Cleaning: $550.00 awarded to landlord; Cleaning: $2,434.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $161.00 awarded to landlord; Previous Order Application 5098989 D…: $8,280.00 awarded to landlord; Property Damage: $388.32 awarded to landlord; Property Damage: $6,993.80 awarded to landlord; Rent Arrears: $1,281.43 awarded to landlord; Plumber: $2,598.18 awarded to landlord; Replace Extractor Fan: $485.07 awarded to landlord; Replace Furnishings: Curtains: $783.82 awarded to landlord; Rubbish Removal: $845.89 awarded to landlord; Smoke Alarms: $88.06 awarded to landlord; Property Damage: $202.99 awarded to landlord

What type of tenancy dispute was case 5195852?

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

Where can I read the official tribunal order for case 5195852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662214-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5195852 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 5195852?

Cleaning: $550.00 awarded to landlord; Cleaning: $2,434.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $161.00 awarded to landlord; Previous Order Application 5098989 D…: $8,280.00 awarded to landlord; Property Damage: $388.32 awarded to landlord; Property Damage: $6,993.80 awarded to landlord; Rent Arrears: $1,281.43 awarded to landlord; Plumber: $2,598.18 awarded to landlord; Replace Extractor Fan: $485.07 awarded to landlord; Replace Furnishings: Curtains: $783.82 awarded to landlord; Rubbish Removal: $845.89 awarded to landlord; Smoke Alarms: $88.06 awarded to landlord; Property Damage: $202.99 awarded to landlord

What type of tenancy dispute was case 5195852?

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

Where can I read the official tribunal order for case 5195852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662214-Tribunal_Order_Redacted.pdf.

3 Rutland Street, Levin, Levin 5510 Tenancy Tribunal Case 5195852 — Property damage

Tenantcheck Insights

3 Rutland Street, Levin, Levin 5510 Tenancy Tribunal Case 5195852 — 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 5195852 — net $22,360.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2025	$1,281.43	Rent arrears to 27 January 2025
Previous order application 5098989 dated 23/12/2024	$8,280.00	Previous order application 5098989 dated 23/12/2024
Lock/key replacement	$388.32	Lock/key replacement
Rubbish removal	$845.89	Rubbish removal
Carpet Cleaning	$550.00	Carpet Cleaning
Cleaning	$2,434.45	Cleaning
Lawns and Garden work	$161.00	Lawns and Garden work
Repairs: plumber	$2,598.18	Repairs: plumber
Window repairs: french door	$202.99	Window repairs: french door
Repairs: replace extractor fan	$485.07	Repairs: replace extractor fan
Replace smoke alarms	$88.06	Replace smoke alarms
Replace furnishings: curtains	$783.82	Replace furnishings: curtains
Repairs	$6,993.80	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$22,360.01
Total payable by Tenant to Landlord	$22,360.01

Claims and awards for application 5195852 — net $22,360.01 NZD. Verify on MoJ.

Rent arrears to 27 January 2025

Amount: $1,281.43
Awarded to: Landlord
Reason: Rent arrears to 27 January 2025

Previous order application 5098989 dated 23/12/2024

Amount: $8,280.00
Awarded to: Landlord
Reason: Previous order application 5098989 dated 23/12/2024

Lock/key replacement

Amount: $388.32
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $845.89
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Rebecca Murphy must pay [The landlord/s] $22,360.01 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. DescriptionLandlord Rent arrears to 27 January 2025$1,281.43 Previous order application 5098989 dated 23/12/2024 $8,280.00 Lock/key replacement$388.32 Rubbish removal$845.89 Carpet Cleaning$550.00 Cleaning$2,434.45 Lawns and Garden work$161.00 Repairs: plumber$2,598.18 Window repairs: french door$202.99 Repairs: replace extractor fan$485.07 Replace smoke alarms$88.06 Replace furnishings: curtains$783.82 Repairs$6,993.80 Filing fee reimbursement$27.00 Total award$25,120.01 Bond$2,760.00 Total payable by Tenant to Landlord$22,360.01

Reasons

The landlord attended the hearing.
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 27 January 2025 when the bailiff evicted the tenant. The landlord provided rent records 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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs reveal a property full of rubbish, with badly stained carpets and a substantial number of the tenant’s possessions left behind. It is clear that the premises required a thorough clean, especially after the grey water contamination that occurred and is referred to below.
The tenant did not return the keys.
The smoke alarms were missing at the end of the tenancy.
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 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 landlord provided evidence that the following damage was caused during the tenancy: a. The sewage drain was blocked with soiled naps, bags and a number of other items so that the toilet overflowed. In addition, the toilet cistern was torn from the wall so that grey water had damaged the floor, skirting boards in the toilet/bathroom. There was extensive water damage requiring the replacement of flooring, gib and skirting boards. b. The tenant’s washing machine had overflowed and leaked causing damage to the laundry floor, skirting boards and walls. In addition, wet laundry was piled high around the walls causing further moisture damage to the walls. c. A window in the French door in the lounge was broken. d. Curtains were torn and soiled and required replacement. e. There were numerous holes and gouges in walls throughout the property. f. Scotia round the windows and doors had been removed. g. The face of a kitchen drawer had been ripped off. h. The shower trim had been broken. i. An extractor fan had been tampered with and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
This tenancy lasted just over three months. All this damage occurred during the tenancy. From its scale and nature, the damage was intentional.
The amounts ordered are proved.
I have considered 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. The Tribunal is satisfied that the work done has put the property back into the state it was in at the start of the tenancy and that no amount of depreciation need be deducted.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 5195852 — net $22,360.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2025	$1,281.43	Rent arrears to 27 January 2025
Previous order application 5098989 dated 23/12/2024	$8,280.00	Previous order application 5098989 dated 23/12/2024
Lock/key replacement	$388.32	Lock/key replacement
Rubbish removal	$845.89	Rubbish removal
Carpet Cleaning	$550.00	Carpet Cleaning
Cleaning	$2,434.45	Cleaning
Lawns and Garden work	$161.00	Lawns and Garden work
Repairs: plumber	$2,598.18	Repairs: plumber
Window repairs: french door	$202.99	Window repairs: french door
Repairs: replace extractor fan	$485.07	Repairs: replace extractor fan
Replace smoke alarms	$88.06	Replace smoke alarms
Replace furnishings: curtains	$783.82	Replace furnishings: curtains
Repairs	$6,993.80	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$22,360.01
Total payable by Tenant to Landlord	$22,360.01

Claims and awards for application 5195852 — net $22,360.01 NZD. Verify on MoJ.

Rent arrears to 27 January 2025

Amount: $1,281.43
Awarded to: Landlord
Reason: Rent arrears to 27 January 2025

Previous order application 5098989 dated 23/12/2024

Amount: $8,280.00
Awarded to: Landlord
Reason: Previous order application 5098989 dated 23/12/2024

Lock/key replacement

Amount: $388.32
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $845.89
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Rebecca Murphy must pay [The landlord/s] $22,360.01 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. DescriptionLandlord Rent arrears to 27 January 2025$1,281.43 Previous order application 5098989 dated 23/12/2024 $8,280.00 Lock/key replacement$388.32 Rubbish removal$845.89 Carpet Cleaning$550.00 Cleaning$2,434.45 Lawns and Garden work$161.00 Repairs: plumber$2,598.18 Window repairs: french door$202.99 Repairs: replace extractor fan$485.07 Replace smoke alarms$88.06 Replace furnishings: curtains$783.82 Repairs$6,993.80 Filing fee reimbursement$27.00 Total award$25,120.01 Bond$2,760.00 Total payable by Tenant to Landlord$22,360.01

Reasons

The landlord attended the hearing.
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 27 January 2025 when the bailiff evicted the tenant. The landlord provided rent records 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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs reveal a property full of rubbish, with badly stained carpets and a substantial number of the tenant’s possessions left behind. It is clear that the premises required a thorough clean, especially after the grey water contamination that occurred and is referred to below.
The tenant did not return the keys.
The smoke alarms were missing at the end of the tenancy.
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 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 landlord provided evidence that the following damage was caused during the tenancy: a. The sewage drain was blocked with soiled naps, bags and a number of other items so that the toilet overflowed. In addition, the toilet cistern was torn from the wall so that grey water had damaged the floor, skirting boards in the toilet/bathroom. There was extensive water damage requiring the replacement of flooring, gib and skirting boards. b. The tenant’s washing machine had overflowed and leaked causing damage to the laundry floor, skirting boards and walls. In addition, wet laundry was piled high around the walls causing further moisture damage to the walls. c. A window in the French door in the lounge was broken. d. Curtains were torn and soiled and required replacement. e. There were numerous holes and gouges in walls throughout the property. f. Scotia round the windows and doors had been removed. g. The face of a kitchen drawer had been ripped off. h. The shower trim had been broken. i. An extractor fan had been tampered with and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
This tenancy lasted just over three months. All this damage occurred during the tenancy. From its scale and nature, the damage was intentional.
The amounts ordered are proved.
I have considered 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. The Tribunal is satisfied that the work done has put the property back into the state it was in at the start of the tenancy and that no amount of depreciation need be deducted.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5195852 — Property damage at 3 Rutland Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5195852 — Property damage at 3 Rutland Street, Levin, Levin 5510

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