How much money was awarded in case 5239554?

Body Corporate Fine: $839.21 awarded to landlord; Cleaning: $402.50 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $2,807.38 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Property Damage: $1,679.00 awarded to landlord; Property Damage: $977.50 awarded to landlord; Rubbish Removal: $235.80 awarded to landlord; Water Rates: $379.60 awarded to landlord

What type of tenancy dispute was case 5239554?

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

Where can I read the official tribunal order for case 5239554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12085575-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5239554?

Body Corporate Fine: $839.21 awarded to landlord; Cleaning: $402.50 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $2,807.38 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Property Damage: $1,679.00 awarded to landlord; Property Damage: $977.50 awarded to landlord; Rubbish Removal: $235.80 awarded to landlord; Water Rates: $379.60 awarded to landlord

What type of tenancy dispute was case 5239554?

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

Where can I read the official tribunal order for case 5239554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12085575-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5239554 — Property damage

Q: What was Tenancy Tribunal case 5239554 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 5239554 — net $6,525.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2025	$900.00	Rent arrears to 2 May 2025
Water rates (for the period Jan to April 2025	$379.60	Water rates (for the period Jan to April 2025
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: Walls and lock repairs	$977.50	Repairs: Walls and lock repairs
Carpet replacement	$2,807.38	Carpet replacement
Body Corporate Fine	$839.21	Body Corporate Fine
Repairs: Hob replacement	$1,679.00	Repairs: Hob replacement
Carpet Cleaning	$402.50	Carpet Cleaning
Cleaning	$828.00	Cleaning
Rubbish removal	$235.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,525.99
Total payable by Tenant to Landlord	$6,525.99

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

[The tenant] owes Uno Property Management Limited $6,525.99 (the debt), calculated as shown in table below.

[The respondent] must repay the debt as follows: a. By 217 weekly payments of $30.00 each Thursday, commencing on Thursday 17 July 2025 and ending on 13 September 2029; and b. A final payment of $15.99, to fully repay the debt, to be paid on Thursday 20 September 2029; and c. Where the tenant’s financial circumstances improve, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable or to make lump sum payments.

If [the tenant] fails to pay debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

If [the tenant] has confirmed to the Tribunal that she will take a copy of this Order to Work and Income New Zealand (WINZ) and authorise the $30.00 weekly debt repayments to be deducted directly from her WINZ benefit by WINZ and paid to Uno Property Management Limited to its bank account. It can be contacted by WINZ on 021586288 or 021888713 or sharon@unoproperty.co.nz if WINZ requires any additional information to set up the direct debit.

Where [the tenant] does not authorise the weekly debt repayments to be made to Uno Property Management Limited by WINZ by 30 July 2025, the full amount of the remaining debt will fall due immediately and Uno Property Management Limited will be free to pursue the debt through a debt collection agency of its choice.

The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to Uno Property Management Limited immediately.

Reasons

Both parties 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 and water rates?

The tenancy ended on 2 May 2025. The landlord provided rent records and water rates invoices 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 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 and lawns/gardens reasonably clean and tidy and did not remove all rubbish.

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 following damage was caused during the tenancy: a. Cracked hob that required replacement; b. Bedroom wall repair, plaster, sand and paint; c. Two door locks replaced in bedroom and lounge as falling to pieces; d. Dog urine and faeces on the carpet in the lounge and hallway that got into the underlay and floor and caused bad odour that was made worse by deep steam clean; e. Body Corporate Fine- Courtyard Bollard Light Repair- Caused by family member that was intoxicated and trying to get the dog back into the house.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Uno Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

The tenant applies for non-publication of her name and identifying details.

The tenant has taken responsibility for the damages and the costs sought by the landlord and has been the result of inappropriate conduct by members of her wider whanau that were largely outside of her control. The Tribunal does not consider publication is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case and considers that publication of her name and identifying details could unjustly penalise her from secure rental accommodation in the future.

Non-publication of the tenant’s name and identifying details is ordered.

Claims and awards in Tenancy Tribunal application 5239554 — net $6,525.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2025	$900.00	Rent arrears to 2 May 2025
Water rates (for the period Jan to April 2025	$379.60	Water rates (for the period Jan to April 2025
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: Walls and lock repairs	$977.50	Repairs: Walls and lock repairs
Carpet replacement	$2,807.38	Carpet replacement
Body Corporate Fine	$839.21	Body Corporate Fine
Repairs: Hob replacement	$1,679.00	Repairs: Hob replacement
Carpet Cleaning	$402.50	Carpet Cleaning
Cleaning	$828.00	Cleaning
Rubbish removal	$235.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,525.99
Total payable by Tenant to Landlord	$6,525.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant] owes Uno Property Management Limited $6,525.99 (the debt), calculated as shown in table below.
[The respondent] must repay the debt as follows: a. By 217 weekly payments of $30.00 each Thursday, commencing on Thursday 17 July 2025 and ending on 13 September 2029; and b. A final payment of $15.99, to fully repay the debt, to be paid on Thursday 20 September 2029; and c. Where the tenant’s financial circumstances improve, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable or to make lump sum payments.
If [the tenant] fails to pay debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.
If [the tenant] has confirmed to the Tribunal that she will take a copy of this Order to Work and Income New Zealand (WINZ) and authorise the $30.00 weekly debt repayments to be deducted directly from her WINZ benefit by WINZ and paid to Uno Property Management Limited to its bank account. It can be contacted by WINZ on 021586288 or 021888713 or sharon@unoproperty.co.nz if WINZ requires any additional information to set up the direct debit.
Where [the tenant] does not authorise the weekly debt repayments to be made to Uno Property Management Limited by WINZ by 30 July 2025, the full amount of the remaining debt will fall due immediately and Uno Property Management Limited will be free to pursue the debt through a debt collection agency of its choice.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to Uno Property Management Limited immediately.

Reasons

Both parties 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 and water rates?

The tenancy ended on 2 May 2025. The landlord provided rent records and water rates invoices 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 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 and lawns/gardens reasonably clean and tidy and did not remove all rubbish.
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 following damage was caused during the tenancy: a. Cracked hob that required replacement; b. Bedroom wall repair, plaster, sand and paint; c. Two door locks replaced in bedroom and lounge as falling to pieces; d. Dog urine and faeces on the carpet in the lounge and hallway that got into the underlay and floor and caused bad odour that was made worse by deep steam clean; e. Body Corporate Fine- Courtyard Bollard Light Repair- Caused by family member that was intoxicated and trying to get the dog back into the house.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Uno Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
The tenant applies for non-publication of her name and identifying details.
The tenant has taken responsibility for the damages and the costs sought by the landlord and has been the result of inappropriate conduct by members of her wider whanau that were largely outside of her control. The Tribunal does not consider publication is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case and considers that publication of her name and identifying details could unjustly penalise her from secure rental accommodation in the future.
Non-publication of the tenant’s name and identifying details is ordered.

Tenancy Tribunal case 5239554 — Property damage

At a glance

Tenancy Tribunal case 5239554 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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