How much money was awarded in case 5249763?

Cleaning: $150.00 awarded to landlord; Property Damage: $158.77 awarded to landlord; Rent Arrears: $314.29 awarded to landlord; Property Damage: $1,322.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Windows: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5249763?

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

Where can I read the official tribunal order for case 5249763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12152758-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5249763?

Cleaning: $150.00 awarded to landlord; Property Damage: $158.77 awarded to landlord; Rent Arrears: $314.29 awarded to landlord; Property Damage: $1,322.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Windows: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5249763?

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

Where can I read the official tribunal order for case 5249763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12152758-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5249763 — Property damage

Q: What was Tenancy Tribunal case 5249763 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 5249763 — net $2,612.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent: Rent arrears to 15 April 2025	$314.29	By consent: Rent arrears to 15 April 2025
By consent: Cleaning	$150.00	By consent: Cleaning
By consent: Lock/key replacement	$158.77	By consent: Lock/key replacement
By consent: Repairs: Walls	$1,322.50	By consent: Repairs: Walls
Repairs: Windows	$2,000.00	Repairs: Windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,612.56
Total payable by Tenant to Landlord	$2,612.56

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

[The tenant/s] must pay [The landlord/s] $2,612.56 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing on 10 July 2025.

The landlord has filed an application seeking rent arrears, compensation, refund of the bond and reimbursement of the filing following the end of the tenancy.

The tenant does not dispute the following claims: a. Rent arrears to 15 April 2025:$314.29 b. Cleaning:$150.00 c. Lock/key replacement:$158.77 d. Repair internal walls:$1,322.50

I grant the landlord’s claim for the above items and amounts by consent.

The rest of this decision discusses the landlord’s claim for compensation of $2,000.00 to repair three windows.

BROKEN WINDOWS

The tenant accepts that three windows were broken during the tenancy.

The tenant gave evidence the windows were broken by their ex-partner.

The tenant gave evidence that their ex-partner was living with them at the tenancy address at the time. The tenant returned home one evening from work to find their ex-partner very drunk. The tenant claims their ex-partner was being abusive and therefore, the tenant asked them to leave. The tenant claims their ex-partner left through the back door and on their way to exiting the premises smashed two windows and completely removed a third window from its frame.

The tenant claims the Police were called and charges have been laid against their ex-partner.

The landlord confirmed that a complaint had been made to the Police, which assisted the landlord with their insurance claim. The landlord’s insurer has paid for the repairs, which were $2,603.19. The landlord seeks compensation of $2,000.00, which was their excess.

The issue the Tribunal needs to determine is whether the tenant is responsible for the damage caused to the windows by their ex-partner. Analysis

Section 41(1) Residential Tenancies Act 1986 (RTA) states: The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the landlord’s behalf or with the landlord’s authority) who is in the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.

I find the tenant’s partner was in the premises with the permission of the tenant at the time the windows were broken, despite the fact that the damage occurred after the tenant asked their ex-partner to leave. This is because the tenant’s ex- partner had been living in the premises with the permission of the tenant and their departure was still in progress at the time the damage occurred. Further, the damage occurred only moments after the tenant had asked their ex-partner to leave. In these circumstances, I find the tenant’s permission for their ex- partner to be in the premises extended up to the point that their ex-partner’s departure was complete. The situation is different where a tenant asks someone to leave the premises and that person does leave, but then returns uninvited and causes damage. In this scenario, the third party’s departure has been completed and they have returned to the premises in circumstances where they have not been invited and clearly do not have permission from the tenant.

The landlord’s claim for compensation is granted for $2,000.00.

The tenant should advise the New Zealand Police of the terms of this Order so that if their ex-partner is convicted in respect of damaging the windows, reparation might be ordered to be repaid to the tenant. FILING FEE & NAME SUPPRESSION

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

I have a residual discretion to grant the tenant name suppression under section 95A(3) RTA. This section requires me to consider the interests of the parties and public. In Lewis v Wilson & Horton [2003] 3 NZLR 546 at paragraph 43, The Court of Appeal endorsed the approach taken in the High Court, which held: ...that the principle of open justice dictates that there should be no restriction on publication of information about a case ‘except in very special circumstances.’

This case discusses an alleged family violence incident that occurred at the tenancy address of which the tenant was a victim. Given the sensitive nature of this content, I find the tenant’s interests in suppression outweighs the public interest in publication.

I order suppression of the tenant’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5249763 — net $2,612.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent: Rent arrears to 15 April 2025	$314.29	By consent: Rent arrears to 15 April 2025
By consent: Cleaning	$150.00	By consent: Cleaning
By consent: Lock/key replacement	$158.77	By consent: Lock/key replacement
By consent: Repairs: Walls	$1,322.50	By consent: Repairs: Walls
Repairs: Windows	$2,000.00	Repairs: Windows
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,612.56
Total payable by Tenant to Landlord	$2,612.56

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and Tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $2,612.56 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing on 10 July 2025.
The landlord has filed an application seeking rent arrears, compensation, refund of the bond and reimbursement of the filing following the end of the tenancy.
The tenant does not dispute the following claims: a. Rent arrears to 15 April 2025:$314.29 b. Cleaning:$150.00 c. Lock/key replacement:$158.77 d. Repair internal walls:$1,322.50
I grant the landlord’s claim for the above items and amounts by consent.
The rest of this decision discusses the landlord’s claim for compensation of $2,000.00 to repair three windows.

BROKEN WINDOWS

The tenant accepts that three windows were broken during the tenancy.
The tenant gave evidence the windows were broken by their ex-partner.
The tenant gave evidence that their ex-partner was living with them at the tenancy address at the time. The tenant returned home one evening from work to find their ex-partner very drunk. The tenant claims their ex-partner was being abusive and therefore, the tenant asked them to leave. The tenant claims their ex-partner left through the back door and on their way to exiting the premises smashed two windows and completely removed a third window from its frame.
The tenant claims the Police were called and charges have been laid against their ex-partner.
The landlord confirmed that a complaint had been made to the Police, which assisted the landlord with their insurance claim. The landlord’s insurer has paid for the repairs, which were $2,603.19. The landlord seeks compensation of $2,000.00, which was their excess.
The issue the Tribunal needs to determine is whether the tenant is responsible for the damage caused to the windows by their ex-partner. Analysis
Section 41(1) Residential Tenancies Act 1986 (RTA) states: The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the landlord’s behalf or with the landlord’s authority) who is in the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.
I find the tenant’s partner was in the premises with the permission of the tenant at the time the windows were broken, despite the fact that the damage occurred after the tenant asked their ex-partner to leave. This is because the tenant’s ex- partner had been living in the premises with the permission of the tenant and their departure was still in progress at the time the damage occurred. Further, the damage occurred only moments after the tenant had asked their ex-partner to leave. In these circumstances, I find the tenant’s permission for their ex- partner to be in the premises extended up to the point that their ex-partner’s departure was complete. The situation is different where a tenant asks someone to leave the premises and that person does leave, but then returns uninvited and causes damage. In this scenario, the third party’s departure has been completed and they have returned to the premises in circumstances where they have not been invited and clearly do not have permission from the tenant.
The landlord’s claim for compensation is granted for $2,000.00.
The tenant should advise the New Zealand Police of the terms of this Order so that if their ex-partner is convicted in respect of damaging the windows, reparation might be ordered to be repaid to the tenant. FILING FEE & NAME SUPPRESSION
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.
I have a residual discretion to grant the tenant name suppression under section 95A(3) RTA. This section requires me to consider the interests of the parties and public. In Lewis v Wilson & Horton [2003] 3 NZLR 546 at paragraph 43, The Court of Appeal endorsed the approach taken in the High Court, which held: ...that the principle of open justice dictates that there should be no restriction on publication of information about a case ‘except in very special circumstances.’
This case discusses an alleged family violence incident that occurred at the tenancy address of which the tenant was a victim. Given the sensitive nature of this content, I find the tenant’s interests in suppression outweighs the public interest in publication.
I order suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 5249763 — Property damage

At a glance

Tenancy Tribunal case 5249763 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

BROKEN WINDOWS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BROKEN WINDOWS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions