What was Tenancy Tribunal case 5261069 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 5261069?

Cleaning: $540.00 awarded to landlord; Compensation: Overpayment Of Water: $27.93 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,535.00 awarded to landlord; Rent In Leiu Of Notice To 25 April: $2,776.43 awarded to landlord; 2x holes and 1 gouge mark, door stop…: $700.00 awarded to landlord

What type of tenancy dispute was case 5261069?

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

Where can I read the official tribunal order for case 5261069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603231-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5261069 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 5261069?

Cleaning: $540.00 awarded to landlord; Compensation: Overpayment Of Water: $27.93 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,535.00 awarded to landlord; Rent In Leiu Of Notice To 25 April: $2,776.43 awarded to landlord; 2x holes and 1 gouge mark, door stop…: $700.00 awarded to landlord

What type of tenancy dispute was case 5261069?

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

Where can I read the official tribunal order for case 5261069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603231-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5261069 — Rent arrears

Claims and awards in Tenancy Tribunal application 5261069 — net $3,170.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 April	$2,535.00		Rent arrears to 2 April
Cleaning	$540.00		Cleaning
Repairs: 2x holes and 1 gouge mark, door stopper	$700.00		Repairs: 2x holes and 1 gouge mark, door stopper
Rent in leiu of notice to 25 April	$2,776.43		Rent in leiu of notice to 25 April
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: Overpayment of water		$27.93	Overpayment of water
Total award	$6,578.43	$27.93
Net award	$3,170.50
Total payable by Tenant to Landlord	$3,170.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sabrina Patuwai must pay [The landlord/s] $2,929.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended today’s hearing. The tenant did not attend.
The tribunal was assisted by a Korean interpreter.
The tenancy began on the 17 October last year and was fixed for a year. The parties agreed to end the tenancy early on the 31 March, but the landlord says that at a meeting on the 27 April the tenant told him that she was not going to leave on the 31 March. The landlord says that at that meeting they agreed that the tenancy would terminate with 4 weeks’ notice. On the 28 March the tenant told the landlord that she would be moving out. On or about the 2 April the tenant handed back the keys and the landlord did an inspection with the tenant on the 3 April 2025.
The landlord has applied for: a. Rent arrears of $2535. b. Water rates of $116.98 c. Cleaning of the property $621.00 d. Repair costs of $1690.49 e. Additional four weeks rent in lieu of notice $3380.00 The burden of proof
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
If the other party does not turn up to a hearing, then the landlord does not ‘win’ by default, they still have the burden of proving their claim.

How much is owed for rent and water rates?

I am satisfied that the tenancy ended on the 2 April when the tenant vacated the property and handed back the keys. The landlord provided rent records which prove the amount owing to that date.
The landlord also asked for four weeks rent in lieu of notice. It is clear from the email and the text messages that the landlord allowed the tenant to leave the tenancy by providing 4 weeks’ notice. The tenant had signed a fixed term tenancy. This agreement (to pay four weeks rent in lieu of notice) allowed the tenant to end the tenancy early. The tenant gave the landlord notice to end the tenancy by text on the 28 March when she confirmed she would be moving out. I consider she is liable for rent until 25 April 2025.
The landlord provided copies of the Veolia monthly statements, and a copy of the payments made by the tenant. The landlord did not provide a copy of a statement showing the amount charged to the tenant each month and the payment credited to the charge. The landlord appears to have charged the tenant for both the use and the fixed charges. Tenants are not liable for the fixed charges; they are only liable for the water and waste water ‘use’ charges. In the interests of time and to save the landlord coming back to the Tribunal I have calculated the amounts owing by the tenant and credited the payments she made. The tenant made 21 payments of $30.00 to the landlord for water, this totals $630.00.
The water bills for each month that the tenant was liable total = $602.07 a. October (calculated on a daily rate as tenant was not in the tenancy for the whole period) $32.00 b. November 2024 $116.54 c. December 2024 $157.07 d. January 2025 $81.07 e. February 2025 $136.80 f. March $12.72
The tenant has paid $630 and owed $602.07, therefore the tenant is entitled to a credit of $27.93

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 provided photographs of the property both before the tenancy began and at the end of the tenancy. The photographs show that the tenant did not leave the premises reasonably clean and tidy. Some tidying and cleaning was done but there were other areas, such as in the bathroom that was well below the standard. The landlord only had a quote for the cleaning work. He told me that his contractors only charge the landlord once the Tribunal has made its award. The Tribunal not only has to be satisfied that the breach has occurred, but that the landlord has suffered a loss and the compensation being asked for is reasonable. Usually a landlord proves this by providing a copy of the invoice that they have pai, with a detailed description of the work done.
The landlord’s quote was detailed, and I accept that the work was done and the landlord will pay the amount awarded for the work. I also consider based on other cleaning costs I have seen that the amount awarded is reasonable for the work done.

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.
I am satisfied from the photographs provided and the test messages that following damage was caused at the tenancy- a. 2 holes. b. A gouge in the upstairs half wall. c. Broken door stopper.
I am not satisfied that the tenant broke the handles or the lever as there was no ingoing inspection report that showed me that those items were place and were working at the beginning of the tenancy.
Once again, there is no invoice only a quote from the landlord. This is insufficient to prove the loss. However, I am satisfied that the damage was repaired and that it would have required materials, and labour, and I have awarded the landlord $700 for this repair. The Tribunal is asked daily to adjudicate on repair costs for items like these and I consider this amount reasonable for the work done.
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.
As the landlord has been mostly successful, I award the landlord the filing fee and grant name suppression.
I told the landlord at the hearing, and I repeat it here, if the landlord is making a claim to the Tribunal, it is their responsibility to file the evidence on the file before the hearing or bring the evidence to the hearing that proves their claim. It is not the Tribunal’s responsibility to assist them with collating or asking for evidence. If a landlord fails to provide evidence either before or at the hearing which supports their claim, then the adjudicator may find that the claim has not been proven and dismiss the claim.

Claims and awards in Tenancy Tribunal application 5261069 — net $3,170.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 April	$2,535.00		Rent arrears to 2 April
Cleaning	$540.00		Cleaning
Repairs: 2x holes and 1 gouge mark, door stopper	$700.00		Repairs: 2x holes and 1 gouge mark, door stopper
Rent in leiu of notice to 25 April	$2,776.43		Rent in leiu of notice to 25 April
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: Overpayment of water		$27.93	Overpayment of water
Total award	$6,578.43	$27.93
Net award	$3,170.50
Total payable by Tenant to Landlord	$3,170.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sabrina Patuwai must pay [The landlord/s] $2,929.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended today’s hearing. The tenant did not attend.
The tribunal was assisted by a Korean interpreter.
The tenancy began on the 17 October last year and was fixed for a year. The parties agreed to end the tenancy early on the 31 March, but the landlord says that at a meeting on the 27 April the tenant told him that she was not going to leave on the 31 March. The landlord says that at that meeting they agreed that the tenancy would terminate with 4 weeks’ notice. On the 28 March the tenant told the landlord that she would be moving out. On or about the 2 April the tenant handed back the keys and the landlord did an inspection with the tenant on the 3 April 2025.
The landlord has applied for: a. Rent arrears of $2535. b. Water rates of $116.98 c. Cleaning of the property $621.00 d. Repair costs of $1690.49 e. Additional four weeks rent in lieu of notice $3380.00 The burden of proof
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
If the other party does not turn up to a hearing, then the landlord does not ‘win’ by default, they still have the burden of proving their claim.

How much is owed for rent and water rates?

I am satisfied that the tenancy ended on the 2 April when the tenant vacated the property and handed back the keys. The landlord provided rent records which prove the amount owing to that date.
The landlord also asked for four weeks rent in lieu of notice. It is clear from the email and the text messages that the landlord allowed the tenant to leave the tenancy by providing 4 weeks’ notice. The tenant had signed a fixed term tenancy. This agreement (to pay four weeks rent in lieu of notice) allowed the tenant to end the tenancy early. The tenant gave the landlord notice to end the tenancy by text on the 28 March when she confirmed she would be moving out. I consider she is liable for rent until 25 April 2025.
The landlord provided copies of the Veolia monthly statements, and a copy of the payments made by the tenant. The landlord did not provide a copy of a statement showing the amount charged to the tenant each month and the payment credited to the charge. The landlord appears to have charged the tenant for both the use and the fixed charges. Tenants are not liable for the fixed charges; they are only liable for the water and waste water ‘use’ charges. In the interests of time and to save the landlord coming back to the Tribunal I have calculated the amounts owing by the tenant and credited the payments she made. The tenant made 21 payments of $30.00 to the landlord for water, this totals $630.00.
The water bills for each month that the tenant was liable total = $602.07 a. October (calculated on a daily rate as tenant was not in the tenancy for the whole period) $32.00 b. November 2024 $116.54 c. December 2024 $157.07 d. January 2025 $81.07 e. February 2025 $136.80 f. March $12.72
The tenant has paid $630 and owed $602.07, therefore the tenant is entitled to a credit of $27.93

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 provided photographs of the property both before the tenancy began and at the end of the tenancy. The photographs show that the tenant did not leave the premises reasonably clean and tidy. Some tidying and cleaning was done but there were other areas, such as in the bathroom that was well below the standard. The landlord only had a quote for the cleaning work. He told me that his contractors only charge the landlord once the Tribunal has made its award. The Tribunal not only has to be satisfied that the breach has occurred, but that the landlord has suffered a loss and the compensation being asked for is reasonable. Usually a landlord proves this by providing a copy of the invoice that they have pai, with a detailed description of the work done.
The landlord’s quote was detailed, and I accept that the work was done and the landlord will pay the amount awarded for the work. I also consider based on other cleaning costs I have seen that the amount awarded is reasonable for the work done.

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.
I am satisfied from the photographs provided and the test messages that following damage was caused at the tenancy- a. 2 holes. b. A gouge in the upstairs half wall. c. Broken door stopper.
I am not satisfied that the tenant broke the handles or the lever as there was no ingoing inspection report that showed me that those items were place and were working at the beginning of the tenancy.
Once again, there is no invoice only a quote from the landlord. This is insufficient to prove the loss. However, I am satisfied that the damage was repaired and that it would have required materials, and labour, and I have awarded the landlord $700 for this repair. The Tribunal is asked daily to adjudicate on repair costs for items like these and I consider this amount reasonable for the work done.
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.
As the landlord has been mostly successful, I award the landlord the filing fee and grant name suppression.
I told the landlord at the hearing, and I repeat it here, if the landlord is making a claim to the Tribunal, it is their responsibility to file the evidence on the file before the hearing or bring the evidence to the hearing that proves their claim. It is not the Tribunal’s responsibility to assist them with collating or asking for evidence. If a landlord fails to provide evidence either before or at the hearing which supports their claim, then the adjudicator may find that the claim has not been proven and dismiss the claim.

Tenancy Tribunal case 5261069 — Rent arrears

At a glance

Tenancy Tribunal case 5261069 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 rates?

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