How much money was awarded in case 5262019?

Cleaning: $310.50 awarded to landlord; Cleaning: $336.38 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5049638 D…: $27.00 awarded to landlord; Property Damage: $204.00 awarded to landlord; Multiple Walls - Marks/Dents: $916.55 awarded to landlord; Rubbish Removal: $282.21 awarded to landlord; Smoke Alarms: $78.66 awarded to landlord

What type of tenancy dispute was case 5262019?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5262019?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12208417-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5262019?

Cleaning: $310.50 awarded to landlord; Cleaning: $336.38 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5049638 D…: $27.00 awarded to landlord; Property Damage: $204.00 awarded to landlord; Multiple Walls - Marks/Dents: $916.55 awarded to landlord; Rubbish Removal: $282.21 awarded to landlord; Smoke Alarms: $78.66 awarded to landlord

What type of tenancy dispute was case 5262019?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5262019?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12208417-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5262019 — Property damage

Q: What was Tenancy Tribunal case 5262019 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5262019 — net $182.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5049638 dated 16/12/2024	$27.00	Previous order application 5049638 dated 16/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$310.50	Carpet Cleaning
Rubbish removal	$282.21	Rubbish removal
Cleaning	$336.38	Cleaning
Lock/key replacement	$204.00	Lock/key replacement
Repairs: Multiple walls - marks/dents	$916.55	Repairs: Multiple walls - marks/dents
Replace smoke alarms	$78.66	Replace smoke alarms
Net award	$182.30
Total payable by Tenant to Landlord	$182.30

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Maraki Kepa must pay [The landlord/s] $182.30 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 16 December 2024 under application 5049368.

Reasons

The landlord attended the hearing, set down to be conducted via video. The tenant did not attend. The call out to the tenant went unanswered. 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 compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 20 March 2025.

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 landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It also believed the carpets required cleaning due to tenant stains and pet issues.

The landlord evidenced the need for these via a series of entry and exit photos. Invoices (as awarded) established the costs. The claimed amounts appear reasonable and are awarded.

The tenant did not return the keys. A locksmith was called out at a cost of $204.00.

The landlord had to replace a smoke alarm at a cost of $78.66.

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.

At the end of the tenancy, the lounge, bedroom 2, and toilet walls showed some tenant damage that was more than wear and tear. A number of fixtures removed paint upon removal. Several smaller dents or holes in the walls required patching and repainting. Other areas of the walls showed drawings or other markings that could not be washed off.

The entry photos were compared, and the damage shown in the exit photos occurred during this tenancy. The costs for tenant liable damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Prior order

On 16 December 2024 the Tribunal made an order relating to this tenancy, for rent arrears (since paid) and the filing fee. The previous order filing fee is incorporated into this order for enforcement purposes. Filing fee

The applicant has been wholly successful. I return 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 wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5262019 — net $182.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5049638 dated 16/12/2024	$27.00	Previous order application 5049638 dated 16/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$310.50	Carpet Cleaning
Rubbish removal	$282.21	Rubbish removal
Cleaning	$336.38	Cleaning
Lock/key replacement	$204.00	Lock/key replacement
Repairs: Multiple walls - marks/dents	$916.55	Repairs: Multiple walls - marks/dents
Replace smoke alarms	$78.66	Replace smoke alarms
Net award	$182.30
Total payable by Tenant to Landlord	$182.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Maraki Kepa must pay [The landlord/s] $182.30 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 December 2024 under application 5049368.

Reasons

The landlord attended the hearing, set down to be conducted via video. The tenant did not attend. The call out to the tenant went unanswered. 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 compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 20 March 2025.

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 landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It also believed the carpets required cleaning due to tenant stains and pet issues.
The landlord evidenced the need for these via a series of entry and exit photos. Invoices (as awarded) established the costs. The claimed amounts appear reasonable and are awarded.
The tenant did not return the keys. A locksmith was called out at a cost of $204.00.
The landlord had to replace a smoke alarm at a cost of $78.66.
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.
At the end of the tenancy, the lounge, bedroom 2, and toilet walls showed some tenant damage that was more than wear and tear. A number of fixtures removed paint upon removal. Several smaller dents or holes in the walls required patching and repainting. Other areas of the walls showed drawings or other markings that could not be washed off.
The entry photos were compared, and the damage shown in the exit photos occurred during this tenancy. The costs for tenant liable damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Prior order
On 16 December 2024 the Tribunal made an order relating to this tenancy, for rent arrears (since paid) and the filing fee. The previous order filing fee is incorporated into this order for enforcement purposes. Filing fee
The applicant has been wholly successful. I return 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 wholly successful, suppression is ordered.

Tenancy Tribunal case 5262019 — Property damage

At a glance

Tenancy Tribunal case 5262019 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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