What was Tenancy Tribunal case 5260707 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 5260707?

Rent Arrears: $1,462.14 awarded to landlord

What type of tenancy dispute was case 5260707?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5260707?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12558363-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5260707 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 5260707?

Rent Arrears: $1,462.14 awarded to landlord

What type of tenancy dispute was case 5260707?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5260707?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12558363-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5260707 — Rent arrears

Claims and awards in Tenancy Tribunal application 5260707 — net $342.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/05/2025	$1,462.14	Rent arrears to 1/05/2025
Net award	$342.14
Total payable by Tenant to Landlord	$342.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The landlord’s claims for end of tenancy clean-up costs are set off by the tenant’s successful claim that the landlord failed to maintain the premises in a reasonable state of repair.
[The tenant/s] must pay [The landlord/s] $342.14 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 1/05/2025$1,462.14 Total award$1,462.14 Bond$1,120.00 Total payable by Tenant to Landlord$342.14

Reasons

Both parties attended the hearing which took place by teleconference on 15 July and 14 October 2025.
This tenancy commenced in January 2019 and ended in May 2025. The tenants rented a 1960s three-bedroom home on a large section and lived there with their three children.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The hearing was adjourned on 15 July 2025 as the tenant raised a counterclaim as a set off against the landlord claims.
The tenant filed a counter claim on 29 July 2025 and sought exemplary damages and compensation for failure by the landlord to provide the premises in a reasonable state of repair and failure to maintain the premises in a reasonable state of repair.

How much is owed for rent?

The tenancy ended on 1 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord claimed that the tenant did not leave the premises including the carpet reasonably clean and tidy and did not remove all rubbish. Exit inspection photographs were provided which show that further work was required to leave the premises reasonably clean and tidy.
The landlord provided invoices for cleaning in the sum of $630.00, carpet cleaning in the sum of $296.50 and rubbish removal in the sum of $258.75.

Did the landlord comply with their obligations during the tenancy?

[The tenant/s] claim that the landlord breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord has obligations including (a)to provide the premises in a reasonable state of cleanliness and provide and (b)to provide and maintain the premises in a reasonable state of repair
The tenants’claim that the landlord failed to provide the premises in a reasonable state of cleanliness and repair as the lawns and section were overgrown and also unsafe due to a broken glass house and run down and broken metal and wooden structures.
The tenants’ claim for exemplary damages or compensation for failure to provide the premises in a reasonable stated of cleanliness and repair cannot proceed as they are filed out of time. A claim for exemplary damages generally must be filed within 12 months of the commission of the unlawful act and claims for compensation must be filed within 6 years. See section 109 RTA and the Statute of Limitations.
The tenant’s claim for compensation for failure to maintain relates to a request for the mouldy window sills to be remedied in 2023 and the ongoing failure by the landlord to remedy the overgrown gardens and outdoor structures and these claims are able to proceed.
The tenant provided photographs showing the section to be very overgrown dating back to 2019 and continuing to the end of tenancy. The tenant advised that it was unsafe for his children to be in the overgrown area as there was a broken glass house and metal in the ground. I accept this evidence as the photographs as recently as the end of tenancy show a broken glass house. The tenant stated that he spent many hours of his personal time seeking to clean up the section.
The landlord accepted that the section was overgrown but stated that the tenant has not notified the landlord of the situation and in any event a clean up had been arranged in 2024. Given the extent of the overgrowth at the section I find that the landlord ought to have known of the maintenance needed and arranged a clean up prior to 2024.
The tenant provided photographs of mouldy window sills with paint missing.
The landlord accepted that there was a delay in remedying the window sills as she was notified in October 2023 of the matter and was not invoiced for the repair until 10 months later in August 2024.
Having considered the evidence I find that the tenant has proved on the balance of probabilities that the landlord failed to maintain the exterior of the premises and the window sills in a reasonable state of repair.
I consider that the appropriate compensation is by way of a set off against the landlord clean up costs. Filing fee/Suppression
As both parties have had some success with their applications, I make no order for reimbursement of either filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal orders suppression of all party identifying details.

Claims and awards in Tenancy Tribunal application 5260707 — net $342.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/05/2025	$1,462.14	Rent arrears to 1/05/2025
Net award	$342.14
Total payable by Tenant to Landlord	$342.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The landlord’s claims for end of tenancy clean-up costs are set off by the tenant’s successful claim that the landlord failed to maintain the premises in a reasonable state of repair.
[The tenant/s] must pay [The landlord/s] $342.14 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 1/05/2025$1,462.14 Total award$1,462.14 Bond$1,120.00 Total payable by Tenant to Landlord$342.14

Reasons

Both parties attended the hearing which took place by teleconference on 15 July and 14 October 2025.
This tenancy commenced in January 2019 and ended in May 2025. The tenants rented a 1960s three-bedroom home on a large section and lived there with their three children.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The hearing was adjourned on 15 July 2025 as the tenant raised a counterclaim as a set off against the landlord claims.
The tenant filed a counter claim on 29 July 2025 and sought exemplary damages and compensation for failure by the landlord to provide the premises in a reasonable state of repair and failure to maintain the premises in a reasonable state of repair.

How much is owed for rent?

The tenancy ended on 1 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord claimed that the tenant did not leave the premises including the carpet reasonably clean and tidy and did not remove all rubbish. Exit inspection photographs were provided which show that further work was required to leave the premises reasonably clean and tidy.
The landlord provided invoices for cleaning in the sum of $630.00, carpet cleaning in the sum of $296.50 and rubbish removal in the sum of $258.75.

Did the landlord comply with their obligations during the tenancy?

[The tenant/s] claim that the landlord breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord has obligations including (a)to provide the premises in a reasonable state of cleanliness and provide and (b)to provide and maintain the premises in a reasonable state of repair
The tenants’claim that the landlord failed to provide the premises in a reasonable state of cleanliness and repair as the lawns and section were overgrown and also unsafe due to a broken glass house and run down and broken metal and wooden structures.
The tenants’ claim for exemplary damages or compensation for failure to provide the premises in a reasonable stated of cleanliness and repair cannot proceed as they are filed out of time. A claim for exemplary damages generally must be filed within 12 months of the commission of the unlawful act and claims for compensation must be filed within 6 years. See section 109 RTA and the Statute of Limitations.
The tenant’s claim for compensation for failure to maintain relates to a request for the mouldy window sills to be remedied in 2023 and the ongoing failure by the landlord to remedy the overgrown gardens and outdoor structures and these claims are able to proceed.
The tenant provided photographs showing the section to be very overgrown dating back to 2019 and continuing to the end of tenancy. The tenant advised that it was unsafe for his children to be in the overgrown area as there was a broken glass house and metal in the ground. I accept this evidence as the photographs as recently as the end of tenancy show a broken glass house. The tenant stated that he spent many hours of his personal time seeking to clean up the section.
The landlord accepted that the section was overgrown but stated that the tenant has not notified the landlord of the situation and in any event a clean up had been arranged in 2024. Given the extent of the overgrowth at the section I find that the landlord ought to have known of the maintenance needed and arranged a clean up prior to 2024.
The tenant provided photographs of mouldy window sills with paint missing.
The landlord accepted that there was a delay in remedying the window sills as she was notified in October 2023 of the matter and was not invoiced for the repair until 10 months later in August 2024.
Having considered the evidence I find that the tenant has proved on the balance of probabilities that the landlord failed to maintain the exterior of the premises and the window sills in a reasonable state of repair.
I consider that the appropriate compensation is by way of a set off against the landlord clean up costs. Filing fee/Suppression
As both parties have had some success with their applications, I make no order for reimbursement of either filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal orders suppression of all party identifying details.

Tenancy Tribunal case 5260707 — Rent arrears

At a glance

Tenancy Tribunal case 5260707 — 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?

Did the landlord comply with their obligations during the tenancy?

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?

Did the landlord comply with their obligations during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions