How much money was awarded in case 5262784?

Cleaning: $391.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $32.29 awarded to landlord; Repayment Of Debt To Date: $900.00 awarded to tenant; Walls and Doors: $740.00 awarded to landlord; Water Rates: $482.94 awarded to landlord

What type of tenancy dispute was case 5262784?

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

Where can I read the official tribunal order for case 5262784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12114862-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5262784?

Cleaning: $391.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $32.29 awarded to landlord; Repayment Of Debt To Date: $900.00 awarded to tenant; Walls and Doors: $740.00 awarded to landlord; Water Rates: $482.94 awarded to landlord

What type of tenancy dispute was case 5262784?

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

Where can I read the official tribunal order for case 5262784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12114862-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5262784 — Property damage

Q: What was Tenancy Tribunal case 5262784 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 5262784 — net $1,003.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 21March 2025	$32.29		Rent arrears to 21March 2025
Water rates to 21March 2025	$482.94		Water rates to 21March 2025
Repairs and painting walls and doors	$740.00		Repairs and painting walls and doors
Carpet Cleaning	$391.00		Carpet Cleaning
Cleaning	$230.00		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Repayment of debt to date		$900.00	Repayment of debt to date
Total award	$1,903.23	$900.00
Net award	$1,003.23
Total payable by Tenant to Landlord	$1,003.23

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

Francis Peniata Evagelia and Babyrosie Evagelia owe [The landlord] $1,003.23 (the debt), calculated as shown in table below.

Francis Peniata Evagelia and Babyrosie Evagelia must pay the debt as follows: a. By 10 debt repayment of $100.00 to be paid on Wednesday 16 July 2025; and b. Four further debt repayments of $200.00, to be paid every Wednesday, with the first payment on Wednesday 30 July 2025 and continuing until Wdnesday 24/09/2025.

If the tenants fail to make any of the debt repayments within 2 working days of the due dates, the full amount still owing will be payable immediately.

Reasons

Both parties attended the hearing.

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 and water rates?

The tenancy ended on 21 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenants did not dispute the amounts owing. One of the tenants has lost their employment and with only one working they got behind with their payments but have been making regular repayments on the debt when they can.

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 tenants did not leave the kitchen reasonably clean and tidy and the carpets required cleaning.

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. Bathroom door needed repair and paint; b. Bedroom walls needed repair and paint, including one hole; c. Hole in on door needed repair and paint; and d. 2 door stoppers needed replacing.

The tenants did not dispute that they were liable for this damage, that occurred during the tenancy and was more than fair wear and tear.

The amounts ordered are proved.

I have considered 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 considered 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 applicant] has wholly succeeded with the 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 substantially 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 5262784 — net $1,003.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 21March 2025	$32.29		Rent arrears to 21March 2025
Water rates to 21March 2025	$482.94		Water rates to 21March 2025
Repairs and painting walls and doors	$740.00		Repairs and painting walls and doors
Carpet Cleaning	$391.00		Carpet Cleaning
Cleaning	$230.00		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Repayment of debt to date		$900.00	Repayment of debt to date
Total award	$1,903.23	$900.00
Net award	$1,003.23
Total payable by Tenant to Landlord	$1,003.23

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Francis Peniata Evagelia and Babyrosie Evagelia owe [The landlord] $1,003.23 (the debt), calculated as shown in table below.
Francis Peniata Evagelia and Babyrosie Evagelia must pay the debt as follows: a. By 10 debt repayment of $100.00 to be paid on Wednesday 16 July 2025; and b. Four further debt repayments of $200.00, to be paid every Wednesday, with the first payment on Wednesday 30 July 2025 and continuing until Wdnesday 24/09/2025.
If the tenants fail to make any of the debt repayments within 2 working days of the due dates, the full amount still owing will be payable immediately.

Reasons

Both parties attended the hearing.
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 and water rates?

The tenancy ended on 21 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenants did not dispute the amounts owing. One of the tenants has lost their employment and with only one working they got behind with their payments but have been making regular repayments on the debt when they can.

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 tenants did not leave the kitchen reasonably clean and tidy and the carpets required cleaning.
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. Bathroom door needed repair and paint; b. Bedroom walls needed repair and paint, including one hole; c. Hole in on door needed repair and paint; and d. 2 door stoppers needed replacing.
The tenants did not dispute that they were liable for this damage, that occurred during the tenancy and was more than fair wear and tear.
The amounts ordered are proved.
I have considered 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 considered 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 applicant] has wholly succeeded with the 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 substantially 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 5262784 — Property damage

At a glance

Tenancy Tribunal case 5262784 — Property damage

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