What was Tenancy Tribunal case 5208011 about?

The tribunal order states: This order replaces the 4 February 2025 sealed mediated order.

How much money was awarded in case 5208011?

Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,280.00 awarded to landlord; Wall: $345.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5208011?

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

Where can I read the official tribunal order for case 5208011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12111100-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5208011 about?

The tribunal order states: This order replaces the 4 February 2025 sealed mediated order.

How much money was awarded in case 5208011?

Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,280.00 awarded to landlord; Wall: $345.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5208011?

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

Where can I read the official tribunal order for case 5208011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12111100-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5208011 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5208011 — net $2,342.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2025	$1,280.00	Rent arrears to 5 February 2025
Rubbish removal: Sofa	$345.00	Rubbish removal: Sofa
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: Wall	$345.00	Repairs: Wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,342.00
Total payable by Tenant to Landlord	$2,342.00

This order replaces the 4 February 2025 sealed mediated order.

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Elliott Richards Martin must pay [The landlord/s] $2,342.00 immediately, as calculated in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 085.

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

How much is owed for rent?

The tenancy ended on 5 February 2025. The landlord provided rent records which prove the amount owing of $1,280.00 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 did not remove all rubbish. The photographs show that there was a sofa left at the property that required disposal at a cost of $345.00.

In addition, there was carpet damage to the area near the fireplace. The landlord had to have this section of carpet cleaned at an invoiced cost of $345.00.

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 landlord claims for the cost to repair the wall where holes were created near the installed television bracket during the tenancy. Photographs and an invoice have been provided for the repair cost totalling $345.00.

The following damage was caused during the tenancy: Damaged walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 14 July 2025

Claims and awards in Tenancy Tribunal application 5208011 — net $2,342.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2025	$1,280.00	Rent arrears to 5 February 2025
Rubbish removal: Sofa	$345.00	Rubbish removal: Sofa
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: Wall	$345.00	Repairs: Wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,342.00
Total payable by Tenant to Landlord	$2,342.00

Order

This order replaces the 4 February 2025 sealed mediated order.
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Elliott Richards Martin must pay [The landlord/s] $2,342.00 immediately, as calculated in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 085.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 February 2025. The landlord provided rent records which prove the amount owing of $1,280.00 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 did not remove all rubbish. The photographs show that there was a sofa left at the property that required disposal at a cost of $345.00.
In addition, there was carpet damage to the area near the fireplace. The landlord had to have this section of carpet cleaned at an invoiced cost of $345.00.
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 landlord claims for the cost to repair the wall where holes were created near the installed television bracket during the tenancy. Photographs and an invoice have been provided for the repair cost totalling $345.00.
The following damage was caused during the tenancy: Damaged walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 14 July 2025

Tenancy Tribunal case 5208011 — Rent arrears

At a glance

Tenancy Tribunal case 5208011 — 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