What was Tenancy Tribunal case 5253243 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 5253243?

Cleaning: $523.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $323.15 awarded to landlord; Property Damage: $322.00 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Water Rates: $96.88 awarded to landlord

What type of tenancy dispute was case 5253243?

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

Where can I read the official tribunal order for case 5253243?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12185278-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5253243 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 5253243?

Cleaning: $523.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $323.15 awarded to landlord; Property Damage: $322.00 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Water Rates: $96.88 awarded to landlord

What type of tenancy dispute was case 5253243?

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

Where can I read the official tribunal order for case 5253243?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12185278-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5253243 — Property damage

Claims and awards in Tenancy Tribunal application 5253243 — net $3,194.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$650.00	Rent arrears
Water rates	$96.88	Water rates
Cleaning: incl carpet cleaning	$523.25	Cleaning: incl carpet cleaning
Rubbish removal	$552.00	Rubbish removal
Lock/key replacement	$323.15	Lock/key replacement
Electrical fittings replacement/repair	$322.00	Electrical fittings replacement/repair
Repairs: Wall damage	$700.00	Repairs: Wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,194.28
Total payable by Tenant to Landlord	$3,194.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rehana Marsters and Allan Makaia must pay [The landlord/s] $3,194.28 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered and to voicemail, or were answered but then ended. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 21 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $650.00. This reflected a week extension granted to the tenants from the termination date and rent arrears set in a previous order. That order is under enforcement.
A final water bill of $96.88 was presented and accepted as due.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided extensive entry and exit photos to support the invoiced costs claimed of $523.25 for cleaning and carpet cleaning, and $552.00 for rubbish collection and disposal.
The landlord also sought a further three weeks rent as compensation for the three weeks before the premises was available for reletting. This is declined for the reason some vacated time between tenancies should be expected.
The tenant did not return the sliding door keys. A cost of replacement of $323.15 was incurred and confirmed via an invoice. This is awarded.
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.
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. Light fittings and bulbs. Two light fittings were damaged and three light bulbs were missing. The landlord evidenced the damage and need for repair or replacement with a series of photos. It established the loss via an invoice for $322.00. b. Wall repairs. The ingoing photos showed some preexisting damage through wear and tear and some careless damage. The exit photos showed further, more significant damage in wall areas, especially the lounge and one bedroom. The tenants had made some basic plastering repairs that were inadequate and required professional repair. The landlord produced an invoice for $1,483.50. The invoice task descriptions were reviewed against the photos of damage. There appears to be some tasks included that are not deemed a tenant liability, especially around the back door. I have also considered the entry condition of some of these walls. I consider some depreciation should follow. I considered the wall finishing beyond its economic life – the date of the last refurbishment was unknown as the owner had purchased the premises just before this tenancy. Also, there should be a reduction of cost for the non-tenant liable tasks. It is difficult to do so exactly given the costs as detailed in the invoice but I determine the tenant should contribute $700.00 towards the repair cost incurred by the landlord.
The damage deemed as tenant liable 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. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5253243 — net $3,194.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$650.00	Rent arrears
Water rates	$96.88	Water rates
Cleaning: incl carpet cleaning	$523.25	Cleaning: incl carpet cleaning
Rubbish removal	$552.00	Rubbish removal
Lock/key replacement	$323.15	Lock/key replacement
Electrical fittings replacement/repair	$322.00	Electrical fittings replacement/repair
Repairs: Wall damage	$700.00	Repairs: Wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,194.28
Total payable by Tenant to Landlord	$3,194.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rehana Marsters and Allan Makaia must pay [The landlord/s] $3,194.28 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered and to voicemail, or were answered but then ended. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 21 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $650.00. This reflected a week extension granted to the tenants from the termination date and rent arrears set in a previous order. That order is under enforcement.
A final water bill of $96.88 was presented and accepted as due.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided extensive entry and exit photos to support the invoiced costs claimed of $523.25 for cleaning and carpet cleaning, and $552.00 for rubbish collection and disposal.
The landlord also sought a further three weeks rent as compensation for the three weeks before the premises was available for reletting. This is declined for the reason some vacated time between tenancies should be expected.
The tenant did not return the sliding door keys. A cost of replacement of $323.15 was incurred and confirmed via an invoice. This is awarded.
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.
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. Light fittings and bulbs. Two light fittings were damaged and three light bulbs were missing. The landlord evidenced the damage and need for repair or replacement with a series of photos. It established the loss via an invoice for $322.00. b. Wall repairs. The ingoing photos showed some preexisting damage through wear and tear and some careless damage. The exit photos showed further, more significant damage in wall areas, especially the lounge and one bedroom. The tenants had made some basic plastering repairs that were inadequate and required professional repair. The landlord produced an invoice for $1,483.50. The invoice task descriptions were reviewed against the photos of damage. There appears to be some tasks included that are not deemed a tenant liability, especially around the back door. I have also considered the entry condition of some of these walls. I consider some depreciation should follow. I considered the wall finishing beyond its economic life – the date of the last refurbishment was unknown as the owner had purchased the premises just before this tenancy. Also, there should be a reduction of cost for the non-tenant liable tasks. It is difficult to do so exactly given the costs as detailed in the invoice but I determine the tenant should contribute $700.00 towards the repair cost incurred by the landlord.
The damage deemed as tenant liable 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. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 5253243 — Property damage

At a glance

Tenancy Tribunal case 5253243 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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 and water?

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