How much money was awarded in case 5213631?

Cleaning: $90.00 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $245.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Removal & Storage Possessions: $287.50 awarded to landlord; Rent Arrears: $27.14 awarded to landlord; Replace Bathroom Fan: $452.76 awarded to landlord; Replace Furnishings: $513.19 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord

What type of tenancy dispute was case 5213631?

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

Where can I read the official tribunal order for case 5213631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004564-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5213631?

Cleaning: $90.00 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $245.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Removal & Storage Possessions: $287.50 awarded to landlord; Rent Arrears: $27.14 awarded to landlord; Replace Bathroom Fan: $452.76 awarded to landlord; Replace Furnishings: $513.19 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord

What type of tenancy dispute was case 5213631?

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

Where can I read the official tribunal order for case 5213631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004564-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5213631 — Property damage

Q: What was Tenancy Tribunal case 5213631 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5213631 — net $1,284.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/3/2025	$27.14	Rent arrears to 11/3/2025
Cleaning	$160.00	Cleaning
Carpet Cleaning	$90.00	Carpet Cleaning
Lock/key replacement	$245.00	Lock/key replacement
Repairs	$103.50	Repairs
Removal & storage possessions	$287.50	Removal & storage possessions
Rubbish removal	$138.00	Rubbish removal
Replace furnishings	$513.19	Replace furnishings
Replace bathroom fan	$452.76	Replace bathroom fan
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,284.09
Total payable by Tenant to Landlord	$1,284.09

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

Anthony Gillespie must pay [The landlord/s] $1,284.09 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.

Unfortunately, the tenant did not attend, and the Tribunal was unable to make contact with him by telephone.

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

How much is owed for rent?

The tenancy ended on 11/3/2025. The landlord has provided records which prove the amount of rent owing to the end of the tenancy.

Did the tenant comply with his 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The landlord claimed compensation of $1,042.50 as follows: a. $160.00 room cleaning, b. $405.00 for changing locks twice, c. $287.50 for removal and storage of tenant’s possessions, d. $100.00 for cleaning of the cooktop, e. $90.00 for room carpet cleaning.

In support of the claim the landlord provided invoices and photographs taken between 6/3 and 25/3/2025.

I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.

The tenant did not return the keys.

The amounts ordered are proved.

However, the claim for the second change of lock and cleaning of the cooktop fail because of lack of evidence that the tenant was responsible for these matters.

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 49B, 66K(2)(a), and 66L RTA.

The landlord claimed compensation of $1,385.73 as follows: a. $103.50 for repair of three holes in walls, b. $328.05 for replacement of broken bathroom mirror, c. $578.99 for replacement of a damaged bathroom fan and downlights, d. $513.19 for replacement of a bedroom wardrobe and set of draws, e. $138.00 removal of broken wardrobe.

In support of the claims the landlord provided further invoices, a copy of a complaint from another tenant about an incident on 5/3/2025, further photographs, termination and trespass notices.

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.

I am persuaded that damage was caused by the tenant during the tenancy to the bedroom wall and furniture, the kitchen and stairwell walls and bathroom extractor fan.

The damage is more than fair wear and tear.

However, I am not satisfied to the necessary standard that the damage to the bathroom mirror was caused by the tenant or that the downlights needed replacing due to damage.

The claims for compensation for the bathroom mirror and downlights fail.

As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.

Suppression is granted to the landlord pursuant to section 95A because they substantially succeeded with the proceedings.

Name suppression is not available to the tenant.

Claims and awards in Tenancy Tribunal application 5213631 — net $1,284.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/3/2025	$27.14	Rent arrears to 11/3/2025
Cleaning	$160.00	Cleaning
Carpet Cleaning	$90.00	Carpet Cleaning
Lock/key replacement	$245.00	Lock/key replacement
Repairs	$103.50	Repairs
Removal & storage possessions	$287.50	Removal & storage possessions
Rubbish removal	$138.00	Rubbish removal
Replace furnishings	$513.19	Replace furnishings
Replace bathroom fan	$452.76	Replace bathroom fan
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,284.09
Total payable by Tenant to Landlord	$1,284.09

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Anthony Gillespie must pay [The landlord/s] $1,284.09 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
Unfortunately, the tenant did not attend, and the Tribunal was unable to make contact with him by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 11/3/2025. The landlord has provided records which prove the amount of rent owing to the end of the tenancy.

Did the tenant comply with his 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The landlord claimed compensation of $1,042.50 as follows: a. $160.00 room cleaning, b. $405.00 for changing locks twice, c. $287.50 for removal and storage of tenant’s possessions, d. $100.00 for cleaning of the cooktop, e. $90.00 for room carpet cleaning.
In support of the claim the landlord provided invoices and photographs taken between 6/3 and 25/3/2025.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
The tenant did not return the keys.
The amounts ordered are proved.
However, the claim for the second change of lock and cleaning of the cooktop fail because of lack of evidence that the tenant was responsible for these matters.

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 49B, 66K(2)(a), and 66L RTA.
The landlord claimed compensation of $1,385.73 as follows: a. $103.50 for repair of three holes in walls, b. $328.05 for replacement of broken bathroom mirror, c. $578.99 for replacement of a damaged bathroom fan and downlights, d. $513.19 for replacement of a bedroom wardrobe and set of draws, e. $138.00 removal of broken wardrobe.
In support of the claims the landlord provided further invoices, a copy of a complaint from another tenant about an incident on 5/3/2025, further photographs, termination and trespass notices.
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.
I am persuaded that damage was caused by the tenant during the tenancy to the bedroom wall and furniture, the kitchen and stairwell walls and bathroom extractor fan.
The damage is more than fair wear and tear.
However, I am not satisfied to the necessary standard that the damage to the bathroom mirror was caused by the tenant or that the downlights needed replacing due to damage.
The claims for compensation for the bathroom mirror and downlights fail.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the landlord pursuant to section 95A because they substantially succeeded with the proceedings.
Name suppression is not available to the tenant.

Tenancy Tribunal case 5213631 — Property damage

At a glance

Tenancy Tribunal case 5213631 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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 his 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