What was Tenancy Tribunal case 5254460 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 5254460?

Cleaning: $322.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Property Damage: $421.30 awarded to landlord; Property Damage: $80.05 awarded to landlord; Rubbish Removal: $80.50 awarded to landlord; Property Damage: $527.74 awarded to landlord

What type of tenancy dispute was case 5254460?

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

Where can I read the official tribunal order for case 5254460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932619-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5254460 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 5254460?

Cleaning: $322.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Property Damage: $421.30 awarded to landlord; Property Damage: $80.05 awarded to landlord; Rubbish Removal: $80.50 awarded to landlord; Property Damage: $527.74 awarded to landlord

What type of tenancy dispute was case 5254460?

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

Where can I read the official tribunal order for case 5254460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932619-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5254460 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5254460 — net $1,458.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	prove the amount owing at the end of the tenancy. I order that the tenant’s pay $1800 in arrears.
Repairs: repair and rehang curtains	$80.05	Repairs: repair and rehang curtains
Window repairs: bathroom window	$527.74	Window repairs: bathroom window
Rubbish removal	$80.50	Rubbish removal
Repairs: plaster and paint damage	$421.30	Repairs: plaster and paint damage
Cleaning	$322.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,458.59
Total payable by Tenant to Landlord	$1,458.59

The landlord attended the hearing, neither tenant made an 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 14 March 2025, with a fixed term ending early by agreement. Rent weas not paid after 21 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. I order that the tenant’s pay $1800 in arrears.

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, and remove all rubbish. 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 had rubbish and the tenant’s whiteware removed, at a cost of $80.50. The whiteware is being stored by the tenant for collection by the tenants.

The tenancy was left in grubby state with food, and unclean dishes left out, the oven unclean, marks on carpets, benches and walls. This was cleaned at a cost of $322, which is reasonable for the condition.

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 case the excess is $750.

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: curtains were torn off their rails, there were numerous small holes, scrapes, and divots in walls paint and plaster, and a window pane in the bathroom was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. None of the individual areas of damage exceed the excess.

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.

Claims and awards in Tenancy Tribunal application 5254460 — net $1,458.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	prove the amount owing at the end of the tenancy. I order that the tenant’s pay $1800 in arrears.
Repairs: repair and rehang curtains	$80.05	Repairs: repair and rehang curtains
Window repairs: bathroom window	$527.74	Window repairs: bathroom window
Rubbish removal	$80.50	Rubbish removal
Repairs: plaster and paint damage	$421.30	Repairs: plaster and paint damage
Cleaning	$322.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,458.59
Total payable by Tenant to Landlord	$1,458.59

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Rueben Ngatai and Keilani smith must pay [The landlord/s] $1,458.59 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, neither tenant made an 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 14 March 2025, with a fixed term ending early by agreement. Rent weas not paid after 21 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. I order that the tenant’s pay $1800 in arrears.

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, and remove all rubbish. 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 had rubbish and the tenant’s whiteware removed, at a cost of $80.50. The whiteware is being stored by the tenant for collection by the tenants.
The tenancy was left in grubby state with food, and unclean dishes left out, the oven unclean, marks on carpets, benches and walls. This was cleaned at a cost of $322, which is reasonable for the condition.
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 case the excess is $750.
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: curtains were torn off their rails, there were numerous small holes, scrapes, and divots in walls paint and plaster, and a window pane in the bathroom was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. None of the individual areas of damage exceed the excess.
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.

Tenancy Tribunal case 5254460 — Rent arrears

At a glance

Tenancy Tribunal case 5254460 — 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