What was Tenancy Tribunal case 5262781 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 5262781?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $479.55 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $201.65 awarded to landlord; Rent Arrears: $239.64 awarded to landlord; Rubbish Removal: $2,237.87 awarded to landlord

What type of tenancy dispute was case 5262781?

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

Where can I read the official tribunal order for case 5262781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12162813-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5262781 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 5262781?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $479.55 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $201.65 awarded to landlord; Rent Arrears: $239.64 awarded to landlord; Rubbish Removal: $2,237.87 awarded to landlord

What type of tenancy dispute was case 5262781?

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

Where can I read the official tribunal order for case 5262781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12162813-Tribunal_Order_Redacted.pdf.

58 Hazelwood Avenue, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 5262781 — Property damage

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58 Hazelwood Avenue, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 5262781 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5262781 — net $1,555.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 May 2025	$239.64	Rent arrears to 12 May 2025
Rubbish removal	$2,237.87	Rubbish removal
Lock/key replacement	$290.00	Lock/key replacement
Lawns and Garden work	$479.55	Lawns and Garden work
Repairs	$201.65	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,555.71
Total payable by Tenant to Landlord	$1,555.71

Claims and awards for application 5262781 — net $1,555.71 NZD. Verify on MoJ.

Rent arrears to 12 May 2025

Amount: $239.64
Awarded to: Landlord
Reason: Rent arrears to 12 May 2025

Rubbish removal

Amount: $2,237.87
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $290.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $479.55
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $201.65
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ihapera Shayne Holden must pay [The landlord/s] $1,555.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The notice of hearing and landlord’s written application were for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord requested to orally amend their application to include a claim for rent arrears of $239.64 up to 12 May 2025. I granted the landlord’s request. Claims for rent arrears usually accompany claims for compensation following the end of a tenancy and the amount sought by the landlord is not particularly high. Therefore, any prejudice to the tenant is minimal. Allowing the landlord to orally amend their claim to include rent arrears also promotes the fair and expeditious resolution of this dispute. 1 This is because the landlord would otherwise be required to file a fresh application with the Tribunal, which would prolong these proceedings.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or 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 of 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.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

1 Residential Tenancies Act 1986, section 85(1).

The landlord gave evidence that the tenancy ended on 12 May 2025 and the tenant remained in possession until 16 May 2025. I accept the landlord’s evidence.
The landlord only seeks rent arrears up to 12 May 2025.
The landlord submitted a rent summary, which proves rent arrears are $239.64 up to 12 May 2025.
The landlord’s claim for rent arrears is granted for $239.64.

RUBBISH REMOVAL

At the end of a tenancy, the tenant must remove all rubbish. 2
The landlord submitted photographs taken at the end of the tenancy, which show a significant amount of rubbish was left inside and outside the premises by the tenant.
On the basis of these photographs, I find the tenant did not remove all rubbish.
The landlord submitted an invoice for $2,237.87 for rubbish removal. The amount sought is reasonable considering the amount of rubbish left by the tenant.
The landlord’s claim for compensation is granted for $2,237.87. LOCK/KEY REPLACEMENT
At the end of a tenancy, the tenant must return all keys provided by the landlord for the use of the tenant. 3
The landlord gave evidence the tenant did not return the keys at the end of the tenancy. I accept the landlord’s evidence.
The landlord submitted an invoice for $290.00 to replace the keys and locks.
The landlord’s claim for compensation is granted for $290.00. LAWNS/GARDEN MAINTENANCE
At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy. 4 2 Residential Tenancies Act 1986, section 40(1)(e)(iii). 3 Residential Tenancies Act 1986, section 40(1)(e)(iv).
The term “premises” includes “any land and appurtenances, other than facilities.” 5 Therefore, the obligation to leave the premises reasonably clean and tidy relates to the inside and outside of the premises.
The landlord submitted photographs taken at the beginning of the tenancy. The lawns and garden are neatly mowed and tidy.
The landlord submitted photographs taken at the end of the tenancy. The lawns are overgrown and full of weeds.
On the basis of the photographs taken at the end of the tenancy, I find the tenant did not leave the outside of the premises reasonably clean and tidy.
The landlord submitted an invoice for $479.55 to mow the lawns and treat the weeds.
The landlord’s claim for compensation is granted for $479.55.

DAMAGE

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. 6
The landlord submitted photographs of the windows in the garage taken at the beginning of the tenancy. There is no spray paint on any of the windows.
The landlord submitted photographs of the windows in the garage taken at the end of the tenancy. One of the windows has red spray paint on it.
A comparison of these two sets of photographs convinces me on the balance of probabilities that the window in the garage was damaged during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $201.65 to replace the window in the garage.
The landlord’s claim for compensation is granted for $201.65. 4 Residential Tenancies Act 1986, section 40(1)(e)(iii). 5 Residential Tenancies Act 1986, section 2. 6 Residential Tenancies Act 1986, sections 40(2)(a), 41 & 49B.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5262781 — net $1,555.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 May 2025	$239.64	Rent arrears to 12 May 2025
Rubbish removal	$2,237.87	Rubbish removal
Lock/key replacement	$290.00	Lock/key replacement
Lawns and Garden work	$479.55	Lawns and Garden work
Repairs	$201.65	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,555.71
Total payable by Tenant to Landlord	$1,555.71

Claims and awards for application 5262781 — net $1,555.71 NZD. Verify on MoJ.

Rent arrears to 12 May 2025

Amount: $239.64
Awarded to: Landlord
Reason: Rent arrears to 12 May 2025

Rubbish removal

Amount: $2,237.87
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $290.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $479.55
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $201.65
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ihapera Shayne Holden must pay [The landlord/s] $1,555.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The notice of hearing and landlord’s written application were for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord requested to orally amend their application to include a claim for rent arrears of $239.64 up to 12 May 2025. I granted the landlord’s request. Claims for rent arrears usually accompany claims for compensation following the end of a tenancy and the amount sought by the landlord is not particularly high. Therefore, any prejudice to the tenant is minimal. Allowing the landlord to orally amend their claim to include rent arrears also promotes the fair and expeditious resolution of this dispute. 1 This is because the landlord would otherwise be required to file a fresh application with the Tribunal, which would prolong these proceedings.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or 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 of 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.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

1 Residential Tenancies Act 1986, section 85(1).

The landlord gave evidence that the tenancy ended on 12 May 2025 and the tenant remained in possession until 16 May 2025. I accept the landlord’s evidence.
The landlord only seeks rent arrears up to 12 May 2025.
The landlord submitted a rent summary, which proves rent arrears are $239.64 up to 12 May 2025.
The landlord’s claim for rent arrears is granted for $239.64.

RUBBISH REMOVAL

At the end of a tenancy, the tenant must remove all rubbish. 2
The landlord submitted photographs taken at the end of the tenancy, which show a significant amount of rubbish was left inside and outside the premises by the tenant.
On the basis of these photographs, I find the tenant did not remove all rubbish.
The landlord submitted an invoice for $2,237.87 for rubbish removal. The amount sought is reasonable considering the amount of rubbish left by the tenant.
The landlord’s claim for compensation is granted for $2,237.87. LOCK/KEY REPLACEMENT
At the end of a tenancy, the tenant must return all keys provided by the landlord for the use of the tenant. 3
The landlord gave evidence the tenant did not return the keys at the end of the tenancy. I accept the landlord’s evidence.
The landlord submitted an invoice for $290.00 to replace the keys and locks.
The landlord’s claim for compensation is granted for $290.00. LAWNS/GARDEN MAINTENANCE
At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy. 4 2 Residential Tenancies Act 1986, section 40(1)(e)(iii). 3 Residential Tenancies Act 1986, section 40(1)(e)(iv).
The term “premises” includes “any land and appurtenances, other than facilities.” 5 Therefore, the obligation to leave the premises reasonably clean and tidy relates to the inside and outside of the premises.
The landlord submitted photographs taken at the beginning of the tenancy. The lawns and garden are neatly mowed and tidy.
The landlord submitted photographs taken at the end of the tenancy. The lawns are overgrown and full of weeds.
On the basis of the photographs taken at the end of the tenancy, I find the tenant did not leave the outside of the premises reasonably clean and tidy.
The landlord submitted an invoice for $479.55 to mow the lawns and treat the weeds.
The landlord’s claim for compensation is granted for $479.55.

DAMAGE

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. 6
The landlord submitted photographs of the windows in the garage taken at the beginning of the tenancy. There is no spray paint on any of the windows.
The landlord submitted photographs of the windows in the garage taken at the end of the tenancy. One of the windows has red spray paint on it.
A comparison of these two sets of photographs convinces me on the balance of probabilities that the window in the garage was damaged during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $201.65 to replace the window in the garage.
The landlord’s claim for compensation is granted for $201.65. 4 Residential Tenancies Act 1986, section 40(1)(e)(iii). 5 Residential Tenancies Act 1986, section 2. 6 Residential Tenancies Act 1986, sections 40(2)(a), 41 & 49B.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5262781 — Property damage at 58 Hazelwood Avenue, Dinsdale, Hamilton 3204

At a glance

Tenancy Tribunal case 5262781 — Property damage at 58 Hazelwood Avenue, Dinsdale, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

RUBBISH REMOVAL

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

RUBBISH REMOVAL

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions