How much money was awarded in case 5231231?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5119128 D…: $1,255.57 awarded to landlord; Property Damage: $550.00 awarded to landlord; Replace Curtains: $200.00 awarded to landlord; Replace Heat Pump Remote: $45.99 awarded to landlord; Replace Missing Bins: $166.00 awarded to landlord; Rubbish Removal: $1,149.00 awarded to landlord

What type of tenancy dispute was case 5231231?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5231231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12128211-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5231231?

Cleaning: $805.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5119128 D…: $1,255.57 awarded to landlord; Property Damage: $550.00 awarded to landlord; Replace Curtains: $200.00 awarded to landlord; Replace Heat Pump Remote: $45.99 awarded to landlord; Replace Missing Bins: $166.00 awarded to landlord; Rubbish Removal: $1,149.00 awarded to landlord

What type of tenancy dispute was case 5231231?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5231231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12128211-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5231231 — Cleanliness

Q: What was Tenancy Tribunal case 5231231 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5231231 — net $4,198.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5119128 dated 28/01/2025	$1,255.57	Previous order application 5119128 dated 28/01/2025
Cleaning	$805.00	Cleaning
Rubbish removal	$1,149.00	Rubbish removal
Replace curtains	$200.00	Replace curtains
Insurance excess – for various repairs	$550.00	Insurance excess – for various repairs
Replace missing bins	$166.00	Replace missing bins
Replace heat pump remote	$45.99	Replace heat pump remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,198.56
Total payable by Tenant to Landlord	$4,198.56

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

Nathaniel Noel Coward and Nikita Lee White must pay [The landlord/s] $4,198.56 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 28 January 2025 under application 5119128.

Reasons

The landlord attended the hearing for the landlord which was held in person. The tenants did not attend.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and incorporation of the previous Tenancy Tribunal order.

The tenancy started on 13 June 2024 and was terminated by the Tribunal on 28 January 2025 on the grounds that the tenancy was abandoned and rent was in arrears. The property has three bedrooms , one bathroom, a living area and a dining area. Incorporation of the previous order

On 28 January 2025 the Tribunal made an order terminating the tenancy and for rent arrears and reimbursement of the application fee. The bond was refunded to the landlord to reduce the amount owed for rent arrears. The previous order is incorporated into this order for enforcement purposes.

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. There was a significant amount of rubbish left both inside and outside of the premises.

The tenant did not return all of the keys. The front door key was not returned and the lock was rekeyed as part of the claim covered by the landlord’s insurer.

The following chattels were missing at the end of the tenancy: a) Curtains:

All of the curtains throughout the house were missing. The property manager believed the curtains were around 8 years old. The landlord purchased new curtains of the same type as the missing curtains; that is, curtains without thermal or separate linings. I find the reasonable economic life span of the curtains in a tenanted property had expired. However I am satisfied the curtains, while showing signs of age and wear would not have needed to be replaced had they not been taken away during the tenancy. I find that the fact that the curtains are missing at the end of the tenancy has accelerated the need to replace curtains and on that basis order $200.00 in compensation. b) Dishwasher:

The dishwasher was missing at the end of the tenancy. The replacement dishwasher was included in the claim settled by the landlord’s insurance, with one excess paid for all items covered. c) Heat pump remote and bins:

The heat pump remote, the glass recycling crate and the red and yellow bins were all missing at the end of the tenancy.

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 landlord provided photos taken at the start and the end of the tenancy. I am satisfied the following damage was caused during the tenancy: a. 4 window panes were broken and needed replacing; b. the 2 rear elements on the stove were missin ; c. the rear door handle was missing and the door lock damaged; d. the large lounge window’s beading on the exterior was damaged; e. there was damage to the walls in bedroom 3 and the wall next to the stove

The landlord’s insurer covered the above damage as well as the re-keying of the front door and the second-hand dishwasher under a claim made by the landlord. The insurer treated the damage as occurring in one event and applied one excess of $550.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Other matters

As the landlord has been successful in their claim I must reimburse the filing fee 1 .

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a 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 2 .

Order

Claims and awards in Tenancy Tribunal application 5231231 — net $4,198.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5119128 dated 28/01/2025	$1,255.57	Previous order application 5119128 dated 28/01/2025
Cleaning	$805.00	Cleaning
Rubbish removal	$1,149.00	Rubbish removal
Replace curtains	$200.00	Replace curtains
Insurance excess – for various repairs	$550.00	Insurance excess – for various repairs
Replace missing bins	$166.00	Replace missing bins
Replace heat pump remote	$45.99	Replace heat pump remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,198.56
Total payable by Tenant to Landlord	$4,198.56

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

Nathaniel Noel Coward and Nikita Lee White must pay [The landlord/s] $4,198.56 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 28 January 2025 under application 5119128.

Reasons

The landlord attended the hearing for the landlord which was held in person. The tenants did not attend.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and incorporation of the previous Tenancy Tribunal order.

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

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left both inside and outside of the premises.

The tenant did not return all of the keys. The front door key was not returned and the lock was rekeyed as part of the claim covered by the landlord’s insurer.

The following chattels were missing at the end of the tenancy: a) Curtains:

The heat pump remote, the glass recycling crate and the red and yellow bins were all missing at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlord has been successful in their claim I must reimburse the filing fee 1 .

Tenancy Tribunal case 5231231 — Cleanliness

At a glance

Tenancy Tribunal case 5231231 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

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