What was Tenancy Tribunal case 5214771 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 5214771?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rent Arrears: $8,587.14 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 5214771?

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

Where can I read the official tribunal order for case 5214771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919578-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5214771 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 5214771?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rent Arrears: $8,587.14 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 5214771?

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

Where can I read the official tribunal order for case 5214771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919578-Tribunal_Order_Redacted.pdf.

Unit/Flat 8, 2C Blanc Road, Silverdale, Silverdale 0932 Tenancy Tribunal Case 5214771 — Rent arrears

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Unit/Flat 8, 2C Blanc Road, Silverdale, Silverdale 0932 Tenancy Tribunal Case 5214771 — 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 5214771 — net $9,644.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.3.25	$8,587.14	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Repairs	$2,250.00	Repairs
Rubbish removal and cleaning	$1,380.00	Rubbish removal and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,644.14
Total payable by Tenant to Landlord	$9,644.14

Claims and awards for application 5214771 — net $9,644.14 NZD. Verify on MoJ.

Rent arrears to 4.3.25

Amount: $8,587.14
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Repairs

Amount: $2,250.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal and cleaning

Amount: $1,380.00
Awarded to: Landlord
Reason: Rubbish removal and cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $9,644.14

Total payable by Tenant to Landlord

Landlord $9,644.14

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Vicki Monaghan must pay [The landlord/s] $9,644.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via teleconference. There was also an attendance by the court appointed Mandarin interpreter. There was no attendance by the tenant. An attempt to call the tenant on the telephone number provided went unanswered to voicemail.
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 arrears?

The tenancy ended on 4 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided comprehensive photographic evidence in support of these two claims along with an invoice from Good Good Good Limited dated 6 March 2025. The evidence clearly confirms the rubbish and furniture left behind by the tenant which had to be disposed of. The evidence also confirmed that the tenant did not leave the premises in a reasonably clean and tidy condition.
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 vacated compensation in respect of damage to the property. The following damage is claimed by the landlord: a. Oven handle missing b. Holes in bedroom walls which required filling and replastering c. Window frame dented and damaged d. Dishwasher door dented e. Bedroom and bathroom door stoppers missing f. Bedroom door handles loose.
The landlord provided good quality photographic evidence in support of the damage claims in the form of entry and exit inspection photographs. I have also sighted an invoice from RZ Builders dated 8 March 2025. Having considered the evidence filed by the landlord I am satisfied that the damage is a combination of careless and intentional acts. The tenant has not attended the hearing to disprove the claims made by the landlord.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 5214771 — net $9,644.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.3.25	$8,587.14	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Repairs	$2,250.00	Repairs
Rubbish removal and cleaning	$1,380.00	Rubbish removal and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,644.14
Total payable by Tenant to Landlord	$9,644.14

Claims and awards for application 5214771 — net $9,644.14 NZD. Verify on MoJ.

Rent arrears to 4.3.25

Amount: $8,587.14
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Repairs

Amount: $2,250.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal and cleaning

Amount: $1,380.00
Awarded to: Landlord
Reason: Rubbish removal and cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $9,644.14

Total payable by Tenant to Landlord

Landlord $9,644.14

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Vicki Monaghan must pay [The landlord/s] $9,644.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via teleconference. There was also an attendance by the court appointed Mandarin interpreter. There was no attendance by the tenant. An attempt to call the tenant on the telephone number provided went unanswered to voicemail.
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 arrears?

The tenancy ended on 4 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided comprehensive photographic evidence in support of these two claims along with an invoice from Good Good Good Limited dated 6 March 2025. The evidence clearly confirms the rubbish and furniture left behind by the tenant which had to be disposed of. The evidence also confirmed that the tenant did not leave the premises in a reasonably clean and tidy condition.
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 vacated compensation in respect of damage to the property. The following damage is claimed by the landlord: a. Oven handle missing b. Holes in bedroom walls which required filling and replastering c. Window frame dented and damaged d. Dishwasher door dented e. Bedroom and bathroom door stoppers missing f. Bedroom door handles loose.
The landlord provided good quality photographic evidence in support of the damage claims in the form of entry and exit inspection photographs. I have also sighted an invoice from RZ Builders dated 8 March 2025. Having considered the evidence filed by the landlord I am satisfied that the damage is a combination of careless and intentional acts. The tenant has not attended the hearing to disprove the claims made by the landlord.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5214771 — Rent arrears at Unit/Flat 8, 2C Blanc Road, Silverdale, Silverdale 0932

At a glance

Tenancy Tribunal case 5214771 — Rent arrears at Unit/Flat 8, 2C Blanc Road, Silverdale, Silverdale 0932

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

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