What was Tenancy Tribunal case 5212111 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 5212111?

Cleaning: $325.45 awarded to landlord; Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5068328 D…: $3,841.28 awarded to landlord; Property Damage: $464.75 awarded to landlord; Rent Arrears: $1,153.57 awarded to landlord; Replace Furnishings: Carpet: $586.50 awarded to landlord; Smoke Alarms: $34.50 awarded to landlord

What type of tenancy dispute was case 5212111?

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

Where can I read the official tribunal order for case 5212111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773470-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5212111 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 5212111?

Cleaning: $325.45 awarded to landlord; Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5068328 D…: $3,841.28 awarded to landlord; Property Damage: $464.75 awarded to landlord; Rent Arrears: $1,153.57 awarded to landlord; Replace Furnishings: Carpet: $586.50 awarded to landlord; Smoke Alarms: $34.50 awarded to landlord

What type of tenancy dispute was case 5212111?

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

Where can I read the official tribunal order for case 5212111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773470-Tribunal_Order_Redacted.pdf.

42 Futter Street, Foxton, Foxton 4814 Tenancy Tribunal Case 5212111 — Rent arrears

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42 Futter Street, Foxton, Foxton 4814 Tenancy Tribunal Case 5212111 — 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 5212111 — net $6,778.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,153.57	Rent arrears
Previous order application 5068328 dated 19/12/2024	$3,841.28	Previous order application 5068328 dated 19/12/2024
Lock/key replacement	$464.75	Lock/key replacement
Carpet Cleaning	$325.45	Carpet Cleaning
Cleaning	$345.00	Cleaning
Replace smoke alarm	$34.50	Replace smoke alarm
Replace furnishings: carpet	$586.50	Replace furnishings: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,778.05
Total payable by Tenant to Landlord	$6,778.05

Claims and awards for application 5212111 — net $6,778.05 NZD. Verify on MoJ.

Rent arrears

Amount: $1,153.57
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5068328 dated 19/12/2024

Amount: $3,841.28
Awarded to: Landlord
Reason: Previous order application 5068328 dated 19/12/2024

Lock/key replacement

Amount: $464.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $325.45
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears 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.
Claire Franklin must pay [The landlord/s] $6,778.05 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,153.57 Previous order application 5068328 dated 19/12/2024$3,841.28 Lock/key replacement$464.75 Carpet Cleaning$325.45 Cleaning$345.00 Replace smoke alarm$34.50 Replace furnishings: carpet$586.50 Filing fee reimbursement$27.00 Total award$6,778.05 Total payable by Tenant to Landlord$6,778.05

Reasons

The landlord attended the hearing.
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 17 January 2025 when the tenant was evicted by the bailiff. The landlord provided rent records which prove the amount owing for the period from the Tribunal’s previous order to 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, and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: one smoke alarm.
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 carpets in the lounge and a bedroom had been damaged by the tenant’s dog urine requiring replacement of carpet and underlay. For the reasons given in Guo v Korck, the damage is intentional damage. 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 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. While the carpets were some years old, they were in reasonable condition at the start of the tenancy. The amount claimed by the landlord is very modest and is significantly less than amounts the Tribunal regularly sees for carpet and underlay replacement. It is appropriate that the landlord be awarded the full amount claimed.
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 5212111 — net $6,778.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,153.57	Rent arrears
Previous order application 5068328 dated 19/12/2024	$3,841.28	Previous order application 5068328 dated 19/12/2024
Lock/key replacement	$464.75	Lock/key replacement
Carpet Cleaning	$325.45	Carpet Cleaning
Cleaning	$345.00	Cleaning
Replace smoke alarm	$34.50	Replace smoke alarm
Replace furnishings: carpet	$586.50	Replace furnishings: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,778.05
Total payable by Tenant to Landlord	$6,778.05

Claims and awards for application 5212111 — net $6,778.05 NZD. Verify on MoJ.

Rent arrears

Amount: $1,153.57
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5068328 dated 19/12/2024

Amount: $3,841.28
Awarded to: Landlord
Reason: Previous order application 5068328 dated 19/12/2024

Lock/key replacement

Amount: $464.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $325.45
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears 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.
Claire Franklin must pay [The landlord/s] $6,778.05 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,153.57 Previous order application 5068328 dated 19/12/2024$3,841.28 Lock/key replacement$464.75 Carpet Cleaning$325.45 Cleaning$345.00 Replace smoke alarm$34.50 Replace furnishings: carpet$586.50 Filing fee reimbursement$27.00 Total award$6,778.05 Total payable by Tenant to Landlord$6,778.05

Reasons

The landlord attended the hearing.
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 17 January 2025 when the tenant was evicted by the bailiff. The landlord provided rent records which prove the amount owing for the period from the Tribunal’s previous order to 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, and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: one smoke alarm.
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 carpets in the lounge and a bedroom had been damaged by the tenant’s dog urine requiring replacement of carpet and underlay. For the reasons given in Guo v Korck, the damage is intentional damage. 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 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. While the carpets were some years old, they were in reasonable condition at the start of the tenancy. The amount claimed by the landlord is very modest and is significantly less than amounts the Tribunal regularly sees for carpet and underlay replacement. It is appropriate that the landlord be awarded the full amount claimed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5212111 — Rent arrears at 42 Futter Street, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 5212111 — Rent arrears at 42 Futter Street, Foxton, Foxton 4814

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