Tenantcheck Insights · Case study
Tenancy Tribunal case 5262380 — Rent arrears
Decided 16 Sept 2025 · Published 16 Sept 2025 · Application 5262380
- Rent arrears
- Property damage
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,493.10
- Bond payment as ordered
- −$2,480.00
- Total balance for Tenant to pay Landlord
- $1,013.10
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 2.6.2025 | $2,850.85 | Rent arrears to 2.6.2025 | |
| Rubbish removal | $448.50 | Rubbish removal | |
| Repairs: power point | $63.25 | Repairs: power point | |
| Repairs: doorframe | $103.50 | Repairs: doorframe | |
| Filing fee reimbursement |
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- [The tenant/s] must pay [The landlord/s] $1,013.10 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Only the landlord, represented by [the landlord/s representative], attended the hearing, which was set to be conducted by videoconference. The tenant did not appear at the scheduled time, and calls to her mobile phone were not answered, and went to voicemail. As the tenant has been notified, the hearing proceeded (by teleconference).
- The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The landlord states that the tenancy ended on 2 June 2025, when the tenant returned the keys. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy, which is awarded above.
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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord’s photographic evidence shows that the tenant did not remove all rubbish at the end of the tenancy. The invoice for rubbish removal costs was provided.
- The amount ordered is proved. General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
- Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s compensation claim for damage
- On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: a. Kitchen power point: the landlord states this was damaged when the tenant overloaded the power point. A photograph was provided. The repair cost is $63.25, as shown in the invoice. b. Bedroom door: the landlord states the door was forced open, and the door frame was damaged. Photographic evidence was provided. Due to the nature of the damage, this is most likely intentional. An invoice for the remedial work ($103.50) was produced.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts sought are proved, and are ordered above. Name suppression and filing fee
- An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.
- The landlord’s request for the filing fee is awarded on the same basis.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5262380 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 5262380?
Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,850.85 awarded to landlord; Doorframe: $103.50 awarded to landlord; Power Point: $63.25 awarded to landlord; Rubbish Removal: $448.50 awarded to landlord
What type of tenancy dispute was case 5262380?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5262380?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12344776-Tribunal_Order_Redacted.pdf.
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