What was the outcome of Tenancy Tribunal case 5212759?

The tribunal order states: Meeka Monique Marie Collins must pay Star Property Management Limited

How much money was awarded in case 5212759?

Cleaning: $762.34 awarded to landlord; Property Damage: $1,343.75 awarded to landlord; Property Damage: $62.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass Door Broken: $1,093.00 awarded to landlord; Insurance Payout Bedroom 2: $3,148.60 awarded to tenant; Property Damage: $400.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,227.00 awarded to landlord; Materials: $1,111.74 awarded to landlord; Painting: $3,410.62 awarded to landlord; Replace Furnishings: Curtains: $165.78 awarded to landlord; Rubbish Removal: $1,368.23 awarded to landlord; Water Rates: $1,407.62 awarded to tenant

What type of tenancy dispute was case 5212759?

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

Where can I read the official tribunal order for case 5212759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12209371-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5212759?

The tribunal order states: Meeka Monique Marie Collins must pay Star Property Management Limited

How much money was awarded in case 5212759?

Cleaning: $762.34 awarded to landlord; Property Damage: $1,343.75 awarded to landlord; Property Damage: $62.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass Door Broken: $1,093.00 awarded to landlord; Insurance Payout Bedroom 2: $3,148.60 awarded to tenant; Property Damage: $400.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,227.00 awarded to landlord; Materials: $1,111.74 awarded to landlord; Painting: $3,410.62 awarded to landlord; Replace Furnishings: Curtains: $165.78 awarded to landlord; Rubbish Removal: $1,368.23 awarded to landlord; Water Rates: $1,407.62 awarded to tenant

What type of tenancy dispute was case 5212759?

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

Where can I read the official tribunal order for case 5212759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12209371-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 5, 150 Hutchinson Avenue, New Lynn, Tenancy Tribunal Case 5212759 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5212759 — net $8,185.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 16 March 2025	$1,227.00		Rent arrears to 16 March 2025
Rubbish removal	$1,368.23		Rubbish removal
Replace furnishings: curtains	$165.78		Replace furnishings: curtains
Cleaning including carpet cleaning	$762.34		Cleaning including carpet cleaning
Window repairs	$400.00		Window repairs
Repairs to security door	$420.00		Repairs to security door
Repairs to window frame	$600.00		Repairs to window frame
Glass door broken	$1,093.00		Glass door broken
Repairs: materials	$1,111.74		Repairs: materials
Electrical fittings replacement: stove	$62.50		Electrical fittings replacement: stove
Electrical fittings replacement: heat pump	$1,343.75		Electrical fittings replacement: heat pump
Repairs: painting	$3,410.62		Repairs: painting
Insurance excess	$750.00		Insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Insurance payout bedroom 2		$3,148.60	Insurance payout bedroom 2
Credit for overpaid water rates NZTT 5161491		$1,407.62	Credit for overpaid water rates NZTT 5161491
Total award	$12,741.96	$4,556.22
Net award	$8,185.74
Total payable by Tenant to Landlord	$8,185.74

The landlord attended the hearing and was represented by Ms Tendulkar with Mr Bahati providing assistance. The tenant did not attend 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 which lasted a little over three years ended on 16 March 2025. Order NZTT 5161491 dated 28 February 2025 orders rent arrears up to that date of $3,300.00. The landlord produced a rent summary today showing that $2,073.00 was paid on 22 April 2025 which leaves rent arrears of $1,227.00 outstanding.

Order NZTT 5161491 sets out that a credit for overpaid water rates of $1,407.68 will be set off against the claims made today. The landlord accepted this as correct.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.

At the end of the tenancy the tenant left a large amount of rubbish and personal belongings of no or little value at the premises. The landlord disposed of these items. The landlord produced photographs and invoices in support of their claims.

After the belongings and rubbish were disposed of, the premises needed to be thoroughly cleaned including two attempts at cleaning the carpets. Invoices were produced in support of this claim.

The tenant did not return the keys.

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: a. Curtains were removed, b. The bedroom window was broken and the framed damaged, c. The security door was ripped off, d. A glass door was broken, e. The heat pump was damaged and no longer worked, f. The stove no longer worked, g. The walls in most rooms were moderately damaged and needed plastering and re-painting.

I must take into account 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. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord states that at the start of the tenancy the curtains and heat pump were new.

The walls were also in very good condition and had been recently repainted. Start of tenancy photographs show this to be accurate.

The landlord did not know the age of the stove at the beginning of the tenancy, but the photographs show it to be old and very well used.

The landlord stated that an insurance claim was accepted for damage to bedroom 2. The settlement details were provided to the Tribunal. The payout has been deducted from the costs claimed and the insurance excess is ordered to be paid by the tenant.

I determine the damage is a combination of careless damage and intentional damage.

The amounts ordered are proved.

The landlord claimed $350.00 for storing some of the tenant’s belongings for one month. The belongings were stored at the tenancy address. The amount claimed is based on the cost of storing the belongings at a storage facility.

Because the belongings were stored at the tenancy address, there was no cost to the landlord and no loss. Because of this I do not order the tenant to pay the landlord this amount. This claim is not proved.

Because Star Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5212759 — net $8,185.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 16 March 2025	$1,227.00		Rent arrears to 16 March 2025
Rubbish removal	$1,368.23		Rubbish removal
Replace furnishings: curtains	$165.78		Replace furnishings: curtains
Cleaning including carpet cleaning	$762.34		Cleaning including carpet cleaning
Window repairs	$400.00		Window repairs
Repairs to security door	$420.00		Repairs to security door
Repairs to window frame	$600.00		Repairs to window frame
Glass door broken	$1,093.00		Glass door broken
Repairs: materials	$1,111.74		Repairs: materials
Electrical fittings replacement: stove	$62.50		Electrical fittings replacement: stove
Electrical fittings replacement: heat pump	$1,343.75		Electrical fittings replacement: heat pump
Repairs: painting	$3,410.62		Repairs: painting
Insurance excess	$750.00		Insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Insurance payout bedroom 2		$3,148.60	Insurance payout bedroom 2
Credit for overpaid water rates NZTT 5161491		$1,407.62	Credit for overpaid water rates NZTT 5161491
Total award	$12,741.96	$4,556.22
Net award	$8,185.74
Total payable by Tenant to Landlord	$8,185.74

Order

Meeka Monique Marie Collins must pay Star Property Management Limited $8,185.74 immediately, calculated as shown in table below.
The claim for storage costs is dismissed.

Reasons

The landlord attended the hearing and was represented by Ms Tendulkar with Mr Bahati providing assistance. The tenant did not attend 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 which lasted a little over three years ended on 16 March 2025. Order NZTT 5161491 dated 28 February 2025 orders rent arrears up to that date of $3,300.00. The landlord produced a rent summary today showing that $2,073.00 was paid on 22 April 2025 which leaves rent arrears of $1,227.00 outstanding.
Order NZTT 5161491 sets out that a credit for overpaid water rates of $1,407.68 will be set off against the claims made today. The landlord accepted this as correct.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
At the end of the tenancy the tenant left a large amount of rubbish and personal belongings of no or little value at the premises. The landlord disposed of these items. The landlord produced photographs and invoices in support of their claims.
After the belongings and rubbish were disposed of, the premises needed to be thoroughly cleaned including two attempts at cleaning the carpets. Invoices were produced in support of this claim.
The tenant did not return the keys.
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: a. Curtains were removed, b. The bedroom window was broken and the framed damaged, c. The security door was ripped off, d. A glass door was broken, e. The heat pump was damaged and no longer worked, f. The stove no longer worked, g. The walls in most rooms were moderately damaged and needed plastering and re-painting.
I must take into account 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. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord states that at the start of the tenancy the curtains and heat pump were new.
The walls were also in very good condition and had been recently repainted. Start of tenancy photographs show this to be accurate.
The landlord did not know the age of the stove at the beginning of the tenancy, but the photographs show it to be old and very well used.
The landlord stated that an insurance claim was accepted for damage to bedroom 2. The settlement details were provided to the Tribunal. The payout has been deducted from the costs claimed and the insurance excess is ordered to be paid by the tenant.
I determine the damage is a combination of careless damage and intentional damage.
The amounts ordered are proved.
The landlord claimed $350.00 for storing some of the tenant’s belongings for one month. The belongings were stored at the tenancy address. The amount claimed is based on the cost of storing the belongings at a storage facility.
Because the belongings were stored at the tenancy address, there was no cost to the landlord and no loss. Because of this I do not order the tenant to pay the landlord this amount. This claim is not proved.
Because Star Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5212759 — Property damage at Unit/Flat Flat 5, 150 Hutchinson Avenue, New Lynn,

At a glance

Tenancy Tribunal case 5212759 — Property damage at Unit/Flat Flat 5, 150 Hutchinson Avenue, New Lynn,

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

Property management

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

Property management

Frequently asked questions