How much money was awarded in case 5223371?

Cleaning: $726.00 awarded to landlord; Cleaning: $759.02 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,981.45 awarded to landlord; Rent Arrears: $637.86 awarded to landlord

What type of tenancy dispute was case 5223371?

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

Where can I read the official tribunal order for case 5223371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11766361-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5223371?

Cleaning: $726.00 awarded to landlord; Cleaning: $759.02 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,981.45 awarded to landlord; Rent Arrears: $637.86 awarded to landlord

What type of tenancy dispute was case 5223371?

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

Where can I read the official tribunal order for case 5223371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11766361-Tribunal_Order_Redacted.pdf.

151A Bartholomew Road, Levin, Levin 5510 Tenancy Tribunal Case 5223371 — Property damage

Q: What was Tenancy Tribunal case 5223371 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 5223371 — net $3,211.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 March 2025	$637.86	Rent arrears to 2 March 2025
Cleaning	$759.02	Cleaning
Carpet Cleaning	$726.00	Carpet Cleaning
Repairs	$2,981.45	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,211.33
Total payable by Tenant to Landlord	$3,211.33

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

Wanetta Swinbank, Gideon Masoe and Ohariu Heke must pay [The landlord/s] $3,211.33 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 2 March 2025$637.86 Cleaning$759.02 Carpet Cleaning$726.00 Repairs$2,981.45 Filing fee reimbursement$27.00 Total award$5,131.33 Bond$1,920.00 Total payable by Tenant to Landlord$3,211.33

Reasons

The landlord attended the hearing.

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 2 March 2025. The landlord provided rent records which prove the amount owing at 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, 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 must also replace standard light bulbs.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord had to replace light bulbs and two smoke alarms.

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 following damage was caused during the tenancy: a. The tenant had attempted to repair numerous holes and other damage to the walls in the entranceway, the living room, the hallways, the kitchen and three bedrooms. They had been plastered but not finished or sanded or painted. b. The manhole cover in the garage had been broken and required replacement.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Because the damage requiring repair was caused by the tenant’s incomplete and inept repair, it was intentional.

I have considered betterment and depreciation. The property was new at the start of the tenancy. Only the damaged walls have been repaired and painted. The remaining walls are in good condition and the repairs and painting have only restored them to the same condition as those walls not requiring repair.

The amounts ordered are proved.

Because the landlord has been successful in its application, I am required to order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5223371 — net $3,211.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 March 2025	$637.86	Rent arrears to 2 March 2025
Cleaning	$759.02	Cleaning
Carpet Cleaning	$726.00	Carpet Cleaning
Repairs	$2,981.45	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,211.33
Total payable by Tenant to Landlord	$3,211.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Wanetta Swinbank, Gideon Masoe and Ohariu Heke must pay [The landlord/s] $3,211.33 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 2 March 2025$637.86 Cleaning$759.02 Carpet Cleaning$726.00 Repairs$2,981.45 Filing fee reimbursement$27.00 Total award$5,131.33 Bond$1,920.00 Total payable by Tenant to Landlord$3,211.33

Reasons

The landlord attended the hearing.
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 2 March 2025. The landlord provided rent records which prove the amount owing at 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, 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 must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had to replace light bulbs and two smoke alarms.
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 following damage was caused during the tenancy: a. The tenant had attempted to repair numerous holes and other damage to the walls in the entranceway, the living room, the hallways, the kitchen and three bedrooms. They had been plastered but not finished or sanded or painted. b. The manhole cover in the garage had been broken and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Because the damage requiring repair was caused by the tenant’s incomplete and inept repair, it was intentional.
I have considered betterment and depreciation. The property was new at the start of the tenancy. Only the damaged walls have been repaired and painted. The remaining walls are in good condition and the repairs and painting have only restored them to the same condition as those walls not requiring repair.
The amounts ordered are proved.
Because the landlord has been successful in its application, I am required to order reimbursement of the filing fee.

Tenancy Tribunal case 5223371 — Property damage at 151A Bartholomew Road, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5223371 — Property damage at 151A Bartholomew Road, Levin, Levin 5510

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