What was Tenancy Tribunal case 5241455 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 5241455?

Lawns and Garden Work: $70.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rent Arrears: $1,681.43 awarded to landlord

What type of tenancy dispute was case 5241455?

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

Where can I read the official tribunal order for case 5241455?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005184-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5241455 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 5241455?

Lawns and Garden Work: $70.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rent Arrears: $1,681.43 awarded to landlord

What type of tenancy dispute was case 5241455?

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

Where can I read the official tribunal order for case 5241455?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005184-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5241455 — Rent arrears

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New Zealand Tenancy Tribunal Case 5241455 — Rent arrears | 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 5241455 — net $2,786.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,681.43	Rent arrears
Lock/key replacement	$460.00	Lock/key replacement
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs	$575.00	Repairs
Net award	$2,786.43
Bond	$2,960.00
Total payable by Tenant to Landlord	$2,786.43

Claims and awards for application 5241455 — net $2,786.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,681.43
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $460.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $70.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $575.00
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $2,786.43

Bond

Landlord $2,960.00

Total payable by Tenant to Landlord

Landlord $2,786.43

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rent arrears Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Hera Pryme Karauria to pay [The landlord/s] $2,786.43 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,960.00 immediately apportioned as follows: [The landlord/s]: $2,786.43 Hera Pryme Karauria: $173.57

Reasons

Both parties attended this remote hearing.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 26 February 2025. It had been a fixed term due to end on 7 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,681.43.

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, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenant did not leave the premises reasonably clean and tidy. The landlord seeks $230.00 for cleaning. The tenant disputes this and says that she paid for commercial cleaners to clean the property before she left. The landlord provided an invoice only in support of this claim. Normally, the Tribunal would expect to receive photos of the premises, so that consideration of the standard that they had been left in by the tenant can be made. The burden of proving the claim is with the landlord. I am not persuaded that the landlord has provided sufficient evidence to reach the civil standard of the balance of probabilities. The claim for cleaning is dismissed.
The landlord claimed $70.00 for gardening and lawns. The tenant said that she had paid for a commercial company to complete this work. She said that this work was done on 26 November 2024. It is inevitable that further work would have been required by the end of the tenancy. An invoice was provided by the landlord.
The tenant did not return the keys. An invoice from a locksmith was provided.
The amounts ordered are proven.

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 door was damaged. The tenant accepted that she had caused the damage. The landlord provided an invoice for $575.00 for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord’s claim for break lease fees was withdrawn.
Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing and the tenant’s application for name suppression is dismissed.

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 5241455 — net $2,786.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,681.43	Rent arrears
Lock/key replacement	$460.00	Lock/key replacement
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs	$575.00	Repairs
Net award	$2,786.43
Bond	$2,960.00
Total payable by Tenant to Landlord	$2,786.43

Claims and awards for application 5241455 — net $2,786.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,681.43
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $460.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $70.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $575.00
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $2,786.43

Bond

Landlord $2,960.00

Total payable by Tenant to Landlord

Landlord $2,786.43

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rent arrears Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Hera Pryme Karauria to pay [The landlord/s] $2,786.43 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,960.00 immediately apportioned as follows: [The landlord/s]: $2,786.43 Hera Pryme Karauria: $173.57

Reasons

Both parties attended this remote hearing.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 26 February 2025. It had been a fixed term due to end on 7 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,681.43.

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, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenant did not leave the premises reasonably clean and tidy. The landlord seeks $230.00 for cleaning. The tenant disputes this and says that she paid for commercial cleaners to clean the property before she left. The landlord provided an invoice only in support of this claim. Normally, the Tribunal would expect to receive photos of the premises, so that consideration of the standard that they had been left in by the tenant can be made. The burden of proving the claim is with the landlord. I am not persuaded that the landlord has provided sufficient evidence to reach the civil standard of the balance of probabilities. The claim for cleaning is dismissed.
The landlord claimed $70.00 for gardening and lawns. The tenant said that she had paid for a commercial company to complete this work. She said that this work was done on 26 November 2024. It is inevitable that further work would have been required by the end of the tenancy. An invoice was provided by the landlord.
The tenant did not return the keys. An invoice from a locksmith was provided.
The amounts ordered are proven.

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 door was damaged. The tenant accepted that she had caused the damage. The landlord provided an invoice for $575.00 for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord’s claim for break lease fees was withdrawn.
Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing and the tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5241455 — Rent arrears

At a glance

Tenancy Tribunal case 5241455 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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