What was Tenancy Tribunal case 5252549 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 5252549?

Bailiff: $258.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5109092 D…: $7,313.00 awarded to landlord; Property Damage: $252.25 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $2,960.00 awarded to landlord; Rubbish Removal: $252.00 awarded to landlord

What type of tenancy dispute was case 5252549?

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

Where can I read the official tribunal order for case 5252549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11986006-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5252549 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 5252549?

Bailiff: $258.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5109092 D…: $7,313.00 awarded to landlord; Property Damage: $252.25 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $2,960.00 awarded to landlord; Rubbish Removal: $252.00 awarded to landlord

What type of tenancy dispute was case 5252549?

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

Where can I read the official tribunal order for case 5252549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11986006-Tribunal_Order_Redacted.pdf.

62 Baberton Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5252549 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5252549 — net $11,402.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$2,960.00	Rent arrears to 27 March 2025
Previous order application 5109092 dated 18/02/2025	$7,313.00	Previous order application 5109092 dated 18/02/2025
Lock/key replacement	$252.25	Lock/key replacement
Bailiff	$258.00	Bailiff
Window repairs	$240.00	Window repairs
Rubbish removal: Skip bin	$252.00	Rubbish removal: Skip bin
Cleaning: oven	$100.00	Cleaning: oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,402.25
Total payable by Tenant to Landlord	$11,402.25

The landlord attended the hearing with a support person, Mr Drower. The tenant did not appear.

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

The tenancy was ended by a Tribunal order application 5109092, on 18 February 2025.The bond was refunded, and rent awarded up to that date.

The tenant did not leave the premises and was evicted by the bailiff on 27 March 2025.

How much is owed for rent?

The landlord sought the rent owing to the date of eviction. The landlord provided rent records which prove the amount owing on 27 March 2025.

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, 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 keys were not returned, and the landlord claimed the costs to engage the Bailiff. These are awarded as claimed.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was some evidence of items left behind, including 3 mattresses, blankets and some green waste but the landlord did not provide the photographs of all the exterior rubbish claimed. The amount awarded for rubbish removal reflects this.

There was evidence that the oven had not been cleaned and an amount awarded for this.

The claim for gardening and lawns was dismissed as there was no evidence provided to support the claim.

The landlord claimed for costs to prepare for the Tribunal hearing and for assistance from her property managers and their time. This is a cost associated with being a landlord and running a business, not a loss suffered by a breach of the RTA or tenancy agreement. No amount is awarded for these claims.

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.

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 glass pane in the exterior door was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression for the landlord as requested.

Claims and awards in Tenancy Tribunal application 5252549 — net $11,402.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$2,960.00	Rent arrears to 27 March 2025
Previous order application 5109092 dated 18/02/2025	$7,313.00	Previous order application 5109092 dated 18/02/2025
Lock/key replacement	$252.25	Lock/key replacement
Bailiff	$258.00	Bailiff
Window repairs	$240.00	Window repairs
Rubbish removal: Skip bin	$252.00	Rubbish removal: Skip bin
Cleaning: oven	$100.00	Cleaning: oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,402.25
Total payable by Tenant to Landlord	$11,402.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Keri-Leigh Barton must pay [The landlord/s] $11,372.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing with a support person, Mr Drower. The tenant did not appear.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was ended by a Tribunal order application 5109092, on 18 February 2025.The bond was refunded, and rent awarded up to that date.
The tenant did not leave the premises and was evicted by the bailiff on 27 March 2025.

How much is owed for rent?

The landlord sought the rent owing to the date of eviction. The landlord provided rent records which prove the amount owing on 27 March 2025.

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, 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 keys were not returned, and the landlord claimed the costs to engage the Bailiff. These are awarded as claimed.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was some evidence of items left behind, including 3 mattresses, blankets and some green waste but the landlord did not provide the photographs of all the exterior rubbish claimed. The amount awarded for rubbish removal reflects this.
There was evidence that the oven had not been cleaned and an amount awarded for this.
The claim for gardening and lawns was dismissed as there was no evidence provided to support the claim.
The landlord claimed for costs to prepare for the Tribunal hearing and for assistance from her property managers and their time. This is a cost associated with being a landlord and running a business, not a loss suffered by a breach of the RTA or tenancy agreement. No amount is awarded for these claims.
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.
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 glass pane in the exterior door was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression for the landlord as requested.

Tenancy Tribunal case 5252549 — Rent arrears at 62 Baberton Street, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5252549 — Rent arrears at 62 Baberton Street, Tokoroa, Tokoroa 3420

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