What was Tenancy Tribunal case 5238531 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 5238531?

Cleaning: $489.70 awarded to landlord; Cleaning: $150.00 awarded to landlord; Contractor Charges: $1,380.00 awarded to landlord; Supplies: $783.90 awarded to landlord

What type of tenancy dispute was case 5238531?

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

Where can I read the official tribunal order for case 5238531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167234-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5238531 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 5238531?

Cleaning: $489.70 awarded to landlord; Cleaning: $150.00 awarded to landlord; Contractor Charges: $1,380.00 awarded to landlord; Supplies: $783.90 awarded to landlord

What type of tenancy dispute was case 5238531?

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

Where can I read the official tribunal order for case 5238531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167234-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5238531 — Property damage

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New Zealand Tenancy Tribunal Case 5238531 — Property damage | 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 5238531 — net $2,803.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet cleaning and assessment	$489.70	Carpet cleaning and assessment
Cleaning	$150.00	Cleaning
Repairs: Contractor charges	$1,380.00	Repairs: Contractor charges
Repairs: Supplies	$783.90	Repairs: Supplies
Net award	$2,803.60
Total payable by Tenant to Landlord	$2,803.60

Claims and awards for application 5238531 — net $2,803.60 NZD. Verify on MoJ.

Carpet cleaning and assessment

Amount: $489.70
Awarded to: Landlord
Reason: Carpet cleaning and assessment

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Contractor charges

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: Contractor charges

Repairs: Supplies

Amount: $783.90
Awarded to: Landlord
Reason: Repairs: Supplies

Net award

Landlord $2,803.60

Total payable by Tenant to Landlord

Landlord $2,803.60

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Cherish Watts and Niupoe Junior Leolahi must pay [The landlord/s] $2,803.60 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 821 and 412.
The Tribunal issued a previous order for termination for abandonment and rent arrears. There are remaining claims for vacated damages to be considered.

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 landlord submits that the tenant did not leave the premises reasonably clean and tidy and claims for general cleaning of $150.00 and a carpet clean and assessment totalling $489.70. Photographs and invoices have been provided in support of these claims.
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 for several repair items throughout the property. This includes repairs for; holes made to the walls (interior and exterior), the exterior fence, lawn and deck, the air conditioning pump, the front door handle, the kitchen mixer and the upstairs shelf and window catches.
The cost of repair is broken down into $1,380.00 for contractor charges, and $783.90 for supplies. Detailed invoices and photographs have been provided in support of these amounts.
The following damage was caused during the tenancy: Walls, exterior fence, lawn and deck, air conditioning pump, front door handle, kitchen mixer taps and upstairs shelf and window catches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 25 July 2025

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 5238531 — net $2,803.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet cleaning and assessment	$489.70	Carpet cleaning and assessment
Cleaning	$150.00	Cleaning
Repairs: Contractor charges	$1,380.00	Repairs: Contractor charges
Repairs: Supplies	$783.90	Repairs: Supplies
Net award	$2,803.60
Total payable by Tenant to Landlord	$2,803.60

Claims and awards for application 5238531 — net $2,803.60 NZD. Verify on MoJ.

Carpet cleaning and assessment

Amount: $489.70
Awarded to: Landlord
Reason: Carpet cleaning and assessment

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Contractor charges

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: Contractor charges

Repairs: Supplies

Amount: $783.90
Awarded to: Landlord
Reason: Repairs: Supplies

Net award

Landlord $2,803.60

Total payable by Tenant to Landlord

Landlord $2,803.60

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Cherish Watts and Niupoe Junior Leolahi must pay [The landlord/s] $2,803.60 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 821 and 412.
The Tribunal issued a previous order for termination for abandonment and rent arrears. There are remaining claims for vacated damages to be considered.

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 landlord submits that the tenant did not leave the premises reasonably clean and tidy and claims for general cleaning of $150.00 and a carpet clean and assessment totalling $489.70. Photographs and invoices have been provided in support of these claims.
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 for several repair items throughout the property. This includes repairs for; holes made to the walls (interior and exterior), the exterior fence, lawn and deck, the air conditioning pump, the front door handle, the kitchen mixer and the upstairs shelf and window catches.
The cost of repair is broken down into $1,380.00 for contractor charges, and $783.90 for supplies. Detailed invoices and photographs have been provided in support of these amounts.
The following damage was caused during the tenancy: Walls, exterior fence, lawn and deck, air conditioning pump, front door handle, kitchen mixer taps and upstairs shelf and window catches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 25 July 2025

Tenancy Tribunal case 5238531 — Property damage

At a glance

Tenancy Tribunal case 5238531 — Property damage

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