What was Tenancy Tribunal case 5202131 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 5202131?

Cleaning: $2,702.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,269.00 awarded to landlord; Property Damage: $893.56 awarded to landlord

What type of tenancy dispute was case 5202131?

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

Where can I read the official tribunal order for case 5202131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11703278-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5202131 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 5202131?

Cleaning: $2,702.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,269.00 awarded to landlord; Property Damage: $893.56 awarded to landlord

What type of tenancy dispute was case 5202131?

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

Where can I read the official tribunal order for case 5202131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11703278-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5202131 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5202131 — net $2,352.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 March 2025	$1,269.00	Rent arrears to 23 March 2025
Cleaning	$2,702.80	Cleaning
Repairs: damaged window and door handle, and lock change	$893.56	Repairs: damaged window and door handle, and lock change
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,352.36
Total payable by Tenant to Landlord	$2,352.36

Both parties 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. Background

This was a periodic tenancy commencing on 24 February 2025. The agreement was signed only by Mr Levick but allowed up to 5 tenants. Mr Levick moved in with his girlfriend and three other people. Unfortunately, there were difficulties with the three other occupants and the tenant gave the landlord notice dated 15 March 2025 that he wished to end the tenancy on 19 March 2025. The landlord agreed to end the tenancy provided the three other occupants also vacated the premises. Unfortunately, they did not leave, and the landlord had to serve a trespass notice on them. The parties agree that the tenancy officially ended on 23 March 2025, once all occupants had vacated the premises.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant accepts the amount owed.

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 as shown in photos produced at the hearing.

The tenant did not return the keys.

It is noted that Mr Levick accepted the claims noting that the mess and damage was caused by the three other occupants and was the reason for him giving notice to end the tenancy so quickly. The three occupants also did not return keys in their possession.

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.

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: damaged window including the glass, frame and handle; damaged door handle. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I consider was intentional. Again, I note Mr Levick’s advice that the three other occupants caused this damage and that is why he ended the tenancy.

The amounts ordered are proved.

As the landlord has wholly succeeded with the proceedings, he is entitled to suppression of his name and identifying details as requested in the application and to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5202131 — net $2,352.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 March 2025	$1,269.00	Rent arrears to 23 March 2025
Cleaning	$2,702.80	Cleaning
Repairs: damaged window and door handle, and lock change	$893.56	Repairs: damaged window and door handle, and lock change
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,352.36
Total payable by Tenant to Landlord	$2,352.36

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Matthew Francis Levick must pay [The landlord/s] $2,352.36 immediately, calculated as shown in the table below.

Reasons

Both parties 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. Background
This was a periodic tenancy commencing on 24 February 2025. The agreement was signed only by Mr Levick but allowed up to 5 tenants. Mr Levick moved in with his girlfriend and three other people. Unfortunately, there were difficulties with the three other occupants and the tenant gave the landlord notice dated 15 March 2025 that he wished to end the tenancy on 19 March 2025. The landlord agreed to end the tenancy provided the three other occupants also vacated the premises. Unfortunately, they did not leave, and the landlord had to serve a trespass notice on them. The parties agree that the tenancy officially ended on 23 March 2025, once all occupants had vacated the premises.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant accepts the amount owed.

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 as shown in photos produced at the hearing.
The tenant did not return the keys.
It is noted that Mr Levick accepted the claims noting that the mess and damage was caused by the three other occupants and was the reason for him giving notice to end the tenancy so quickly. The three occupants also did not return keys in their possession.
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.
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: damaged window including the glass, frame and handle; damaged door handle. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I consider was intentional. Again, I note Mr Levick’s advice that the three other occupants caused this damage and that is why he ended the tenancy.
The amounts ordered are proved.
As the landlord has wholly succeeded with the proceedings, he is entitled to suppression of his name and identifying details as requested in the application and to reimbursement of the filing fee.

Tenancy Tribunal case 5202131 — Cleanliness

At a glance

Tenancy Tribunal case 5202131 — Cleanliness

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