What was Tenancy Tribunal case 5232432 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 5232432?

Filing Fee: $27.00 awarded to landlord; Property Damage: $735.45 awarded to landlord; Property Damage: $1,184.00 awarded to landlord; Rubbish Removal: $203.55 awarded to landlord

What type of tenancy dispute was case 5232432?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5232432?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005813-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5232432 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 5232432?

Filing Fee: $27.00 awarded to landlord; Property Damage: $735.45 awarded to landlord; Property Damage: $1,184.00 awarded to landlord; Rubbish Removal: $203.55 awarded to landlord

What type of tenancy dispute was case 5232432?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5232432?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005813-Tribunal_Order_Redacted.pdf.

Unit/Flat 5, 39 Arthur Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 5232432 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5232432 — net $2,150.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and furniture disposal	$203.55	Rubbish removal and furniture disposal
Repairs: Wall repairs	$735.45	Repairs: Wall repairs
Replace furnishings: carpet replacement	$1,184.00	Replace furnishings: carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,150.00
Total payable by Tenant to Landlord	$2,150.00

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful. The landlord suspects the tenant may no longer be residing in New Zealand.

The landlord has applied for compensation and reimbursement of the filing fee following 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 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 landlord claims that the tenant did not remove all rubbish at the end of the tenancy. Comprehensive photographic evidence was provided by the landlord in support of this claim. The evidence clearly confirms that items of furniture were left behind by the tenant including a table, chairs, couch, and other sundries. The landlord also provided an invoice from The Building Project Maintenance Limited dated 2 April 2025 in support of the amount claimed.

The amount ordered for rubbish and furniture removal is 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 that the following damage was caused during the tenancy by the tenant: damage to walls and damage to carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided photographic evidence in support of these two claims. The evidence confirms significant damage to the carpet throughout the premises. The landlord confirmed that the carpet was new at the start of the tenancy and had to be disposed of due to the extensive damage.

The evidence also confirmed holes in walls which required extensive repairs. Based on the evidence before me I am satisfied that the damage is intentional.

The landlord provided an invoice from Building Project Maintenance Limited dated 2 April 2025 in support of the amount claimed for wall repairs, along with an invoice from A to Z Flooring dated 26 March 2025 for carpet replacement.

The amounts claimed are reasonable and 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. Because the carpet was new at the start of the tenancy I do not apply depreciation to the amount claimed.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5232432 — net $2,150.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and furniture disposal	$203.55	Rubbish removal and furniture disposal
Repairs: Wall repairs	$735.45	Repairs: Wall repairs
Replace furnishings: carpet replacement	$1,184.00	Replace furnishings: carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,150.00
Total payable by Tenant to Landlord	$2,150.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Sahitha Wimaladasa Basnayake Ranthoge must pay [The landlord/s] $2,150.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful. The landlord suspects the tenant may no longer be residing in New Zealand.
The landlord has applied for compensation and reimbursement of the filing fee following 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 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 landlord claims that the tenant did not remove all rubbish at the end of the tenancy. Comprehensive photographic evidence was provided by the landlord in support of this claim. The evidence clearly confirms that items of furniture were left behind by the tenant including a table, chairs, couch, and other sundries. The landlord also provided an invoice from The Building Project Maintenance Limited dated 2 April 2025 in support of the amount claimed.
The amount ordered for rubbish and furniture removal is 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 that the following damage was caused during the tenancy by the tenant: damage to walls and damage to carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographic evidence in support of these two claims. The evidence confirms significant damage to the carpet throughout the premises. The landlord confirmed that the carpet was new at the start of the tenancy and had to be disposed of due to the extensive damage.
The evidence also confirmed holes in walls which required extensive repairs. Based on the evidence before me I am satisfied that the damage is intentional.
The landlord provided an invoice from Building Project Maintenance Limited dated 2 April 2025 in support of the amount claimed for wall repairs, along with an invoice from A to Z Flooring dated 26 March 2025 for carpet replacement.
The amounts claimed are reasonable and 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. Because the carpet was new at the start of the tenancy I do not apply depreciation to the amount claimed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5232432 — Property damage at Unit/Flat 5, 39 Arthur Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 5232432 — Property damage at Unit/Flat 5, 39 Arthur Street, Te Aro, Wellington 6011

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