What was Tenancy Tribunal case 5241495 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and [The landlord/s] $512.40 immediately, calculated as shown in table below.

How much money was awarded in case 5241495?

Filing Fee: $28.00 awarded to landlord; Property Damage: $484.40 awarded to landlord

What type of tenancy dispute was case 5241495?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5241495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12523068-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5241495 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and [The landlord/s] $512.40 immediately, calculated as shown in table below.

How much money was awarded in case 5241495?

Filing Fee: $28.00 awarded to landlord; Property Damage: $484.40 awarded to landlord

What type of tenancy dispute was case 5241495?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5241495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12523068-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011 Tenancy Tribunal Case 5241495 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5241495 — net $512.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$484.40	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$512.40
Total payable by Tenant to Landlord	$512.40

The landlords attended the hearing. The tenant was served using an email address for service given in the tenancy agreement.

The landlords have applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

No order is made for rent arrears because the landlords can give the order dated 4 March 2025 to collections for enforcement.

The claim for the repairs was withdrawn at the hearing.

Did the tenant comply with her 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 (RTA).

The tenant did not return the keys and there is a claim for replacement keys. This is the landlords’ claim to prove. The landlords provided me with a receipt for the cost of the new locks. This claim is proved and allowed.

The claim for cleaning is not allowed because the landlord has not provided me with any evidence about the cost of the “extensive professional cleaning”. This claim is dismissed.

There is a claim for compensation because chattels were missing at the end of the tenancy. The purpose of compensation in this instance is that the landlords should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off.

The landlords said the washing machine and the bidet toilet seat were taken by the tenant. They have reported this to the police. The landlords have replaced the chattels with items that were more reasonably priced, but I have not been provided with any evidence of these purchases. The landlords did not have evidence of the current cost of a replacement washing machine or bidet toilet seat. I find I do not have sufficient information to make an order for compensation and this claim is dismissed.

There is a claim for lost rent because of the delay in getting the locks changed, the time taken to clean and repair the premises, and the time taken to find a suitable tenant. The landlords provided me with 12 photos showing some furniture left behind and a small amount of cleaning in the kitchen. It seems most likely to me this work could have been carried out in a morning. The claim for lost rent is not proved and it is dismissed.

There is a claim for the legal costs resulting from a dispute between the Body Corporate and the landlords, relating to the removal of the tenant from the building. Section 77 (1) RTA provides that I have jurisdiction to deal with any dispute between a tenant and a landlord. I do not have any jurisdiction (under this type of application) to decide a dispute between the landlords and the Body Corporate. This claim is dismissed.

Because the landlords have substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5241495 — net $512.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$484.40	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$512.40
Total payable by Tenant to Landlord	$512.40

Order

[The tenant/s] must pay [The landlord/s] and [The landlord/s] $512.40 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlords attended the hearing. The tenant was served using an email address for service given in the tenancy agreement.
The landlords have applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
No order is made for rent arrears because the landlords can give the order dated 4 March 2025 to collections for enforcement.
The claim for the repairs was withdrawn at the hearing.

Did the tenant comply with her 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 (RTA).
The tenant did not return the keys and there is a claim for replacement keys. This is the landlords’ claim to prove. The landlords provided me with a receipt for the cost of the new locks. This claim is proved and allowed.
The claim for cleaning is not allowed because the landlord has not provided me with any evidence about the cost of the “extensive professional cleaning”. This claim is dismissed.
There is a claim for compensation because chattels were missing at the end of the tenancy. The purpose of compensation in this instance is that the landlords should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off.
The landlords said the washing machine and the bidet toilet seat were taken by the tenant. They have reported this to the police. The landlords have replaced the chattels with items that were more reasonably priced, but I have not been provided with any evidence of these purchases. The landlords did not have evidence of the current cost of a replacement washing machine or bidet toilet seat. I find I do not have sufficient information to make an order for compensation and this claim is dismissed.
There is a claim for lost rent because of the delay in getting the locks changed, the time taken to clean and repair the premises, and the time taken to find a suitable tenant. The landlords provided me with 12 photos showing some furniture left behind and a small amount of cleaning in the kitchen. It seems most likely to me this work could have been carried out in a morning. The claim for lost rent is not proved and it is dismissed.
There is a claim for the legal costs resulting from a dispute between the Body Corporate and the landlords, relating to the removal of the tenant from the building. Section 77 (1) RTA provides that I have jurisdiction to deal with any dispute between a tenant and a landlord. I do not have any jurisdiction (under this type of application) to decide a dispute between the landlords and the Body Corporate. This claim is dismissed.
Because the landlords have substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5241495 — Property damage at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5241495 — Property damage at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions