What was Tenancy Tribunal case 5243311 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 5243311?

Filing Fee: $27.00 awarded to landlord; Property Damage: $183.36 awarded to landlord; Property Damage: $212.45 awarded to landlord; Carpet: $250.00 awarded to landlord; Hole In Wall: $110.00 awarded to landlord; Rubbish Removal: $466.84 awarded to landlord; Water Rates: $196.02 awarded to landlord

What type of tenancy dispute was case 5243311?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5243311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12123999-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5243311 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 5243311?

Filing Fee: $27.00 awarded to landlord; Property Damage: $183.36 awarded to landlord; Property Damage: $212.45 awarded to landlord; Carpet: $250.00 awarded to landlord; Hole In Wall: $110.00 awarded to landlord; Rubbish Removal: $466.84 awarded to landlord; Water Rates: $196.02 awarded to landlord

What type of tenancy dispute was case 5243311?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5243311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12123999-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5243311 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5243311 — net $1,445.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$196.02	Water rates
Rubbish removal	$466.84	Rubbish removal
Window repairs	$183.36	Window repairs
Repairs: Carpet	$250.00	Repairs: Carpet
Repairs: Hole in wall	$110.00	Repairs: Hole in wall
Lock/key replacement	$212.45	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,445.67
Total payable by Tenant to Landlord	$1,445.67

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 12 March 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $196.02.

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

At the end of the tenancy the tenant must leave the remove all rubbish and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not remove all rubbish. The landlord provided photos of the rubbish left behind by the tenant. The landlord provided copies of receipts for tip fees of $286.84. The landlord applied for labour costs for the rubbish removal of six hours. The Tribunal will generally accept a charge for landlord labour to a maximum of $30.00 per hour. The tenant is ordered to pay $180.00 for that labour charge.

The tenant did not return the keys. The landlord provided an invoice from the locksmith for $212.45.

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. The landlord is insured for tenant damage. The policy of insurance carries an excess of $2,500.00 on each and every claim.

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 window was broken. The landlord provided a photo of the damaged window and an invoice for the repair. • The carpet was damaged. The landlord provided photos and a copy of the repair invoice. • A wall was damaged in the kitchen. The landlord obtained gib board for the repair at a cost of $50.00 and carried out the repairs himself. A charge of two hours at $30.00 per hour is reasonable. The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As [The applicant/s] have wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlords’ names and details is ordered.

Claims and awards in Tenancy Tribunal application 5243311 — net $1,445.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$196.02	Water rates
Rubbish removal	$466.84	Rubbish removal
Window repairs	$183.36	Window repairs
Repairs: Carpet	$250.00	Repairs: Carpet
Repairs: Hole in wall	$110.00	Repairs: Hole in wall
Lock/key replacement	$212.45	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,445.67
Total payable by Tenant to Landlord	$1,445.67

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Rachel McQuarters must pay [The landlord/s] $1,445.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 12 March 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $196.02.

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

At the end of the tenancy the tenant must leave the remove all rubbish and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided photos of the rubbish left behind by the tenant. The landlord provided copies of receipts for tip fees of $286.84. The landlord applied for labour costs for the rubbish removal of six hours. The Tribunal will generally accept a charge for landlord labour to a maximum of $30.00 per hour. The tenant is ordered to pay $180.00 for that labour charge.
The tenant did not return the keys. The landlord provided an invoice from the locksmith for $212.45.
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. The landlord is insured for tenant damage. The policy of insurance carries an excess of $2,500.00 on each and every claim.
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 window was broken. The landlord provided a photo of the damaged window and an invoice for the repair. • The carpet was damaged. The landlord provided photos and a copy of the repair invoice. • A wall was damaged in the kitchen. The landlord obtained gib board for the repair at a cost of $50.00 and carried out the repairs himself. A charge of two hours at $30.00 per hour is reasonable. The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] have wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlords’ names and details is ordered.

Tenancy Tribunal case 5243311 — Property damage

At a glance

Tenancy Tribunal case 5243311 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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