What was Tenancy Tribunal case 5261319 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 5261319?

Cleaning: $287.50 awarded to landlord; Cleaning: $3,203.67 awarded to landlord; Curtain Hooks X 48: $2.76 awarded to landlord; Curtain Slides X 21: $4.83 awarded to landlord; Curtain Stop Ends X 2: $3.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Flea Bombs X 4 (Dog Had Been Inside…: $46.00 awarded to landlord; Front Doorknob: $22.88 awarded to landlord; Property Damage: $850.77 awarded to landlord; Property Damage: $392.00 awarded to landlord; Rent Arrears: $691.00 awarded to landlord; Rubbish Removal: $427.74 awarded to landlord; Shower Handle: $39.88 awarded to landlord; Vanity Cupboard Handle: $4.37 awarded to landlord; Property Damage: $416.59 awarded to landlord

What type of tenancy dispute was case 5261319?

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

Where can I read the official tribunal order for case 5261319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12218192-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5261319 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 5261319?

Cleaning: $287.50 awarded to landlord; Cleaning: $3,203.67 awarded to landlord; Curtain Hooks X 48: $2.76 awarded to landlord; Curtain Slides X 21: $4.83 awarded to landlord; Curtain Stop Ends X 2: $3.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Flea Bombs X 4 (Dog Had Been Inside…: $46.00 awarded to landlord; Front Doorknob: $22.88 awarded to landlord; Property Damage: $850.77 awarded to landlord; Property Damage: $392.00 awarded to landlord; Rent Arrears: $691.00 awarded to landlord; Rubbish Removal: $427.74 awarded to landlord; Shower Handle: $39.88 awarded to landlord; Vanity Cupboard Handle: $4.37 awarded to landlord; Property Damage: $416.59 awarded to landlord

What type of tenancy dispute was case 5261319?

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

Where can I read the official tribunal order for case 5261319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12218192-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5261319 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5261319 — net $3,940.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9 May 2025	$691.00		Rent arrears to 9 May 2025
Curtain slides x 21	$4.83		Curtain slides x 21
Curtain hooks x 48	$2.76		Curtain hooks x 48
Curtain stop ends x 2	$3.45		Curtain stop ends x 2
Shower handle	$39.88		Shower handle
Vanity cupboard handle	$4.37		Vanity cupboard handle
Window repairs: Window glass in the dining room	$416.59		Window repairs: Window glass in the dining room
Flea bombs x 4 (Dog had been inside the property	$46.00		Flea bombs x 4 (Dog had been inside the property
Front doorknob	$22.88		Front doorknob
Rubbish removal	$427.74		Rubbish removal
Carpet Cleaning	$287.50		Carpet Cleaning
Labour for all the repairs	$850.77		Labour for all the repairs
Lock/key replacement	$392.00		Lock/key replacement
Cleaning	$3,203.67		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to landlord already		$2,480.00	Bond refunded to landlord already
Total award	$6,420.44	$2,480.00
Net award	$3,940.44
Total payable by Tenant to Landlord	$3,940.44

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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?

The tenancy ended on 9 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. Damaged curtain slides, hooks and stop ends; b. Broken shower handle; c. Broken vanity cupboard handle; d. Broken lounge window glass; and e. Front door locking mechanism handled roughly and hanging off the door. Left the door secured by top lock only.

The landlord has produced entry and exit photographs that prove the damage occurred during the tenancy and that the damage is more than fair wear and tear. 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. Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because the landlord has wholly succeeded with their claim, I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

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 has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5261319 — net $3,940.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9 May 2025	$691.00		Rent arrears to 9 May 2025
Curtain slides x 21	$4.83		Curtain slides x 21
Curtain hooks x 48	$2.76		Curtain hooks x 48
Curtain stop ends x 2	$3.45		Curtain stop ends x 2
Shower handle	$39.88		Shower handle
Vanity cupboard handle	$4.37		Vanity cupboard handle
Window repairs: Window glass in the dining room	$416.59		Window repairs: Window glass in the dining room
Flea bombs x 4 (Dog had been inside the property	$46.00		Flea bombs x 4 (Dog had been inside the property
Front doorknob	$22.88		Front doorknob
Rubbish removal	$427.74		Rubbish removal
Carpet Cleaning	$287.50		Carpet Cleaning
Labour for all the repairs	$850.77		Labour for all the repairs
Lock/key replacement	$392.00		Lock/key replacement
Cleaning	$3,203.67		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to landlord already		$2,480.00	Bond refunded to landlord already
Total award	$6,420.44	$2,480.00
Net award	$3,940.44
Total payable by Tenant to Landlord	$3,940.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ema Aramakutu must pay [The landlord] $3,940.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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?

The tenancy ended on 9 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. Damaged curtain slides, hooks and stop ends; b. Broken shower handle; c. Broken vanity cupboard handle; d. Broken lounge window glass; and e. Front door locking mechanism handled roughly and hanging off the door. Left the door secured by top lock only.
The landlord has produced entry and exit photographs that prove the damage occurred during the tenancy and that the damage is more than fair wear and tear. 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. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with their claim, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
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 has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5261319 — Cleanliness

At a glance

Tenancy Tribunal case 5261319 — Cleanliness

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