What was Tenancy Tribunal case 5245315 about?

This case concerned a rent arrears dispute. The net award was $1,663.95.

How much money was awarded in case 5245315?

Cleaning: $435.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,375.43 awarded to landlord; Garage Wall, Paint And Plaster: $441.72 awarded to landlord; Rehang Wardrobe Doors: $92.00 awarded to landlord; Replace furnishings: Landlord's item…: $225.00 awarded to landlord; Rubbish Removal: $74.50 awarded to landlord; Smoke Alarms: $15.80 awarded to landlord

What type of tenancy dispute was case 5245315?

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

Where can I read the official tribunal order for case 5245315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293543-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5245315 about?

This case concerned a rent arrears dispute. The net award was $1,663.95.

How much money was awarded in case 5245315?

Cleaning: $435.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $862.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,375.43 awarded to landlord; Garage Wall, Paint And Plaster: $441.72 awarded to landlord; Rehang Wardrobe Doors: $92.00 awarded to landlord; Replace furnishings: Landlord's item…: $225.00 awarded to landlord; Rubbish Removal: $74.50 awarded to landlord; Smoke Alarms: $15.80 awarded to landlord

What type of tenancy dispute was case 5245315?

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

Where can I read the official tribunal order for case 5245315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293543-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5245315 — Rent arrears

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New Zealand Tenancy Tribunal Case 5245315 — 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 5245315 — net $1,663.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,375.43	Rent arrears
Electrical fittings replacement/repair: Heated towel rail	$115.00	Electrical fittings replacement/repair: Heated towel rail
Repairs: Rehang wardrobe doors	$92.00	Repairs: Rehang wardrobe doors
Replace smoke alarms	$15.80	Replace smoke alarms
Replace furnishings: Landlord's items stolen from garage	$225.00	Replace furnishings: Landlord's items stolen from garage
Cleaning: includes carpet	$435.00	Cleaning: includes carpet
Electrical fittings replacement/repair: repairs to garage door opener	$862.50	Electrical fittings replacement/repair: repairs to garage door opener
Repairs: garage wall, paint and plaster	$441.72	Repairs: garage wall, paint and plaster
Rubbish removal: items left in garage	$74.50	Rubbish removal: items left in garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,663.95
Total payable by Tenant to Landlord	$1,663.95

Claims and awards for application 5245315 — net $1,663.95 NZD. Verify on MoJ.

Rent arrears

Amount: $2,375.43
Awarded to: Landlord
Reason: Rent arrears

Electrical fittings replacement/repair: Heated towel rail

Amount: $115.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: Heated towel rail

Repairs: Rehang wardrobe doors

Amount: $92.00
Awarded to: Landlord
Reason: Repairs: Rehang wardrobe doors

Replace smoke alarms

Amount: $15.80
Awarded to: Landlord
Reason: Replace smoke alarms

Replace furnishings: Landlord's items stolen from garage

Amount: $225.00
Awarded to: Landlord
Reason: Replace furnishings: Landlord's items stolen from garage

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Reasons

The landlord attended the hearing. I delayed the start of the hearing to allow for lateness however, after approximately 10 minutes the tenant made no appearance.
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?

The tenancy ended on 20 March 2025. No rent was paid after 28 February 2025 and there was already a debt due to earlier arrears which had been partially paid. The landlord provided rent records invoices which prove the amount owing at the end of the tenancy totalled $2375.43. These arrears are to be paid by the tenant immediately.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. In particular the bathroom and kitchen were left in a grubby state and required cleaning. There were also marks on carpets throughout tenancy, particularly in the garage.
The landlord has had the property cleaned including the carpet cost of $435. Viewing the photos these costs are reasonable.
The tenant also left to mattresses and what appears to be bedding in the garage. The landlord paid $74.50 for these items to be disposed of. This was a reasonable charge to dispose of these items.
A smoke alarm had been taken by the tenant costing $15.80 replace. Additionally, in the garage there is a locked storage room in which paint, building materials, and items belonging to the landlord had been stored. At some stage during the tenancy this room was broken into, and a vacuum cleaner, child car seat, and a rubbish bin were removed and are presumed stolen. The landlord has provided estimates for the replacement of these items for the vacuum cleaner $250, the car seat $100, and for the rubbish bin $100. The landlord had no information relating to the age and condition of the items. In a situation such as this year the tenant has stolen, or otherwise converted landlord’s property is just that some compensation should be paid. However, in situations where the evidence is less than ideal the Tribunal must take reasonable and reasoned view. I consider that the loss is proved, however, the items were not new and that the amounts sought are a reasonable estimation of the new values. I consider in these circumstances a discount of 50% for uncertainty is appropriate, due to the difficulties in obtaining evidence. I award $225 for these items.
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 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. In this instance the excess of $750.
The following damage was caused during the tenancy: a. A heated towel rail was partially pulled from the wall damaging the electrical fitting so it no longer functioned. This was replaced at a cost of $172.50. b. The wardrobe doors had been removed from the rail and need to be rehung at a cost of $92. c. The garage door opener had been knocked askew by an impact, bending one of the arms of the garage door, breaking the mounting bracket of the motor, and knocking the system out of line. This damage was repaired a cost of $862.50. d. There were marks, scratches, and gouges to walls in the garage, both near the door to the storage room when the door was forced open, and where tape had been removed from the wall tearing off a strip of paint. The walls were plastered and repeated the cost of $441.72. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I note that the heated towel rail was not new. The landlord’s representative did not have any information relating to its age. I note that the premises of people being renovated at some stage the last 10 years. As an electrical fixture, the building code requires that such items have at least a 15 year life. I would estimate the age of the time to be between five and 10 years. Therefore, is very reasonable to depreciate the cost of replacing the towel rail by five years of a 15 year life. I award $115.
The other repair costs are reasonable and have been incurred by the landlord. I wore those costs in full.

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 5245315 — net $1,663.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,375.43	Rent arrears
Electrical fittings replacement/repair: Heated towel rail	$115.00	Electrical fittings replacement/repair: Heated towel rail
Repairs: Rehang wardrobe doors	$92.00	Repairs: Rehang wardrobe doors
Replace smoke alarms	$15.80	Replace smoke alarms
Replace furnishings: Landlord's items stolen from garage	$225.00	Replace furnishings: Landlord's items stolen from garage
Cleaning: includes carpet	$435.00	Cleaning: includes carpet
Electrical fittings replacement/repair: repairs to garage door opener	$862.50	Electrical fittings replacement/repair: repairs to garage door opener
Repairs: garage wall, paint and plaster	$441.72	Repairs: garage wall, paint and plaster
Rubbish removal: items left in garage	$74.50	Rubbish removal: items left in garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,663.95
Total payable by Tenant to Landlord	$1,663.95

Claims and awards for application 5245315 — net $1,663.95 NZD. Verify on MoJ.

Rent arrears

Amount: $2,375.43
Awarded to: Landlord
Reason: Rent arrears

Electrical fittings replacement/repair: Heated towel rail

Amount: $115.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: Heated towel rail

Repairs: Rehang wardrobe doors

Amount: $92.00
Awarded to: Landlord
Reason: Repairs: Rehang wardrobe doors

Replace smoke alarms

Amount: $15.80
Awarded to: Landlord
Reason: Replace smoke alarms

Replace furnishings: Landlord's items stolen from garage

Amount: $225.00
Awarded to: Landlord
Reason: Replace furnishings: Landlord's items stolen from garage

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Reasons

The landlord attended the hearing. I delayed the start of the hearing to allow for lateness however, after approximately 10 minutes the tenant made no appearance.
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?

The tenancy ended on 20 March 2025. No rent was paid after 28 February 2025 and there was already a debt due to earlier arrears which had been partially paid. The landlord provided rent records invoices which prove the amount owing at the end of the tenancy totalled $2375.43. These arrears are to be paid by the tenant immediately.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. In particular the bathroom and kitchen were left in a grubby state and required cleaning. There were also marks on carpets throughout tenancy, particularly in the garage.
The landlord has had the property cleaned including the carpet cost of $435. Viewing the photos these costs are reasonable.
The tenant also left to mattresses and what appears to be bedding in the garage. The landlord paid $74.50 for these items to be disposed of. This was a reasonable charge to dispose of these items.
A smoke alarm had been taken by the tenant costing $15.80 replace. Additionally, in the garage there is a locked storage room in which paint, building materials, and items belonging to the landlord had been stored. At some stage during the tenancy this room was broken into, and a vacuum cleaner, child car seat, and a rubbish bin were removed and are presumed stolen. The landlord has provided estimates for the replacement of these items for the vacuum cleaner $250, the car seat $100, and for the rubbish bin $100. The landlord had no information relating to the age and condition of the items. In a situation such as this year the tenant has stolen, or otherwise converted landlord’s property is just that some compensation should be paid. However, in situations where the evidence is less than ideal the Tribunal must take reasonable and reasoned view. I consider that the loss is proved, however, the items were not new and that the amounts sought are a reasonable estimation of the new values. I consider in these circumstances a discount of 50% for uncertainty is appropriate, due to the difficulties in obtaining evidence. I award $225 for these items.
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 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. In this instance the excess of $750.
The following damage was caused during the tenancy: a. A heated towel rail was partially pulled from the wall damaging the electrical fitting so it no longer functioned. This was replaced at a cost of $172.50. b. The wardrobe doors had been removed from the rail and need to be rehung at a cost of $92. c. The garage door opener had been knocked askew by an impact, bending one of the arms of the garage door, breaking the mounting bracket of the motor, and knocking the system out of line. This damage was repaired a cost of $862.50. d. There were marks, scratches, and gouges to walls in the garage, both near the door to the storage room when the door was forced open, and where tape had been removed from the wall tearing off a strip of paint. The walls were plastered and repeated the cost of $441.72. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I note that the heated towel rail was not new. The landlord’s representative did not have any information relating to its age. I note that the premises of people being renovated at some stage the last 10 years. As an electrical fixture, the building code requires that such items have at least a 15 year life. I would estimate the age of the time to be between five and 10 years. Therefore, is very reasonable to depreciate the cost of replacing the towel rail by five years of a 15 year life. I award $115.
The other repair costs are reasonable and have been incurred by the landlord. I wore those costs in full.

Tenancy Tribunal case 5245315 — Rent arrears

At a glance

Tenancy Tribunal case 5245315 — Rent arrears

At a glance

Award balance

Claims & awards

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

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