What was Tenancy Tribunal case 5212452 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 5212452?

Filing Fee: $27.00 awarded to landlord; Property Damage: $441.00 awarded to landlord; Rent Arrears: $2,642.86 awarded to landlord; Benchtop: $309.50 awarded to landlord; Replace Furnishings: Curtains: $959.00 awarded to landlord; Replace Furnishings: Shower Curtain: $110.73 awarded to landlord

What type of tenancy dispute was case 5212452?

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

Where can I read the official tribunal order for case 5212452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11894179-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5212452 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 5212452?

Filing Fee: $27.00 awarded to landlord; Property Damage: $441.00 awarded to landlord; Rent Arrears: $2,642.86 awarded to landlord; Benchtop: $309.50 awarded to landlord; Replace Furnishings: Curtains: $959.00 awarded to landlord; Replace Furnishings: Shower Curtain: $110.73 awarded to landlord

What type of tenancy dispute was case 5212452?

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

Where can I read the official tribunal order for case 5212452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11894179-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5212452 — Rent arrears

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New Zealand Tenancy Tribunal Case 5212452 — 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 5212452 — net $2,490.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,642.86	Rent arrears
Replace furnishings: Shower curtain	$110.73	Replace furnishings: Shower curtain
Replace furnishings: Curtains	$959.00	Replace furnishings: Curtains
Lock/key replacement	$441.00	Lock/key replacement
Repairs: Benchtop	$309.50	Repairs: Benchtop
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,490.09
Total payable by Tenant to Landlord	$2,490.09

Claims and awards for application 5212452 — net $2,490.09 NZD. Verify on MoJ.

Rent arrears

Amount: $2,642.86
Awarded to: Landlord
Reason: Rent arrears

Replace furnishings: Shower curtain

Amount: $110.73
Awarded to: Landlord
Reason: Replace furnishings: Shower curtain

Replace furnishings: Curtains

Amount: $959.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Lock/key replacement

Amount: $441.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Benchtop

Amount: $309.50
Awarded to: Landlord
Reason: Repairs: Benchtop

Dismissed claims

Compensation

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Compensation

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Edison Raniera Leilua and Te Waimirirangi Meri Ivy Keepa-Apiata Rangi must pay [The landlord/s] $2,490.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the number provided at the allocated hearing time. The calls were not responded to. The landlord confirmed that the telephone number provided to the Tribunal was correct. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of this hearing was given to the tenants.
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 on 16 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,642.86.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. An invoice from a locksmith was provided. The locksmith charge was $441.00.
The following chattels were missing at the end of the tenancy: the shower curtain had been removed. The landlord provided a copy of an invoice for the replacement shower curtain at a cost of $110.73.
The curtains from throughout the house had been removed. The landlord had agreed that the tenant could remove the curtains at the end of the tenancy so that they could be cleaned. More than a month has passed since the end of the tenancy and the curtains have not been returned by the tenants. The tenants have not replied to the landlord’s request for the return of the curtains. The landlord has obtained replacement curtains. The landlord provided invoices for the replacement curtains at a cost of $959.00. The landlord explained that the curtains had been almost new at the commencement of this tenancy.
The landlord applied for compensation for travel costs incurred in obtaining a replacement heat pump remote. Costs of this nature are essentially a landlord expense which is part and parcel of the role of being a landlord. The claim for compensation is dismissed.
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. The landlord is insured. The landlords policy of insurance carries an excess of $5,000.00 on each and every claim.
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.
A kitchen benchtop was damaged during the tenancy. The damage was caused when a hot pot was placed on the bench top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided an invoice for the repairs of $309.50.
The amount ordered is proven.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

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 5212452 — net $2,490.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,642.86	Rent arrears
Replace furnishings: Shower curtain	$110.73	Replace furnishings: Shower curtain
Replace furnishings: Curtains	$959.00	Replace furnishings: Curtains
Lock/key replacement	$441.00	Lock/key replacement
Repairs: Benchtop	$309.50	Repairs: Benchtop
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,490.09
Total payable by Tenant to Landlord	$2,490.09

Claims and awards for application 5212452 — net $2,490.09 NZD. Verify on MoJ.

Rent arrears

Amount: $2,642.86
Awarded to: Landlord
Reason: Rent arrears

Replace furnishings: Shower curtain

Amount: $110.73
Awarded to: Landlord
Reason: Replace furnishings: Shower curtain

Replace furnishings: Curtains

Amount: $959.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Lock/key replacement

Amount: $441.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Benchtop

Amount: $309.50
Awarded to: Landlord
Reason: Repairs: Benchtop

Dismissed claims

Compensation

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Compensation

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Edison Raniera Leilua and Te Waimirirangi Meri Ivy Keepa-Apiata Rangi must pay [The landlord/s] $2,490.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the number provided at the allocated hearing time. The calls were not responded to. The landlord confirmed that the telephone number provided to the Tribunal was correct. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of this hearing was given to the tenants.
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 on 16 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,642.86.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. An invoice from a locksmith was provided. The locksmith charge was $441.00.
The following chattels were missing at the end of the tenancy: the shower curtain had been removed. The landlord provided a copy of an invoice for the replacement shower curtain at a cost of $110.73.
The curtains from throughout the house had been removed. The landlord had agreed that the tenant could remove the curtains at the end of the tenancy so that they could be cleaned. More than a month has passed since the end of the tenancy and the curtains have not been returned by the tenants. The tenants have not replied to the landlord’s request for the return of the curtains. The landlord has obtained replacement curtains. The landlord provided invoices for the replacement curtains at a cost of $959.00. The landlord explained that the curtains had been almost new at the commencement of this tenancy.
The landlord applied for compensation for travel costs incurred in obtaining a replacement heat pump remote. Costs of this nature are essentially a landlord expense which is part and parcel of the role of being a landlord. The claim for compensation is dismissed.
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. The landlord is insured. The landlords policy of insurance carries an excess of $5,000.00 on each and every claim.
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.
A kitchen benchtop was damaged during the tenancy. The damage was caused when a hot pot was placed on the bench top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided an invoice for the repairs of $309.50.
The amount ordered is proven.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5212452 — Rent arrears

At a glance

Tenancy Tribunal case 5212452 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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