What was Tenancy Tribunal case 5262901 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 5262901?

Cleaning: $2,053.04 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $369.84 awarded to landlord; Fence: $882.97 awarded to landlord; Garage Door: $3,273.18 awarded to landlord; Walls, Doors Etc: $1,426.53 awarded to landlord; Water Rates: $301.71 awarded to landlord

What type of tenancy dispute was case 5262901?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5262901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12271772-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5262901 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 5262901?

Cleaning: $2,053.04 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $369.84 awarded to landlord; Fence: $882.97 awarded to landlord; Garage Door: $3,273.18 awarded to landlord; Walls, Doors Etc: $1,426.53 awarded to landlord; Water Rates: $301.71 awarded to landlord

What type of tenancy dispute was case 5262901?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5262901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12271772-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 20 Poinsettia Place, Henderson, Auckland 0610 Tenancy Tribunal Case 5262901 — Property damage

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Unit/Flat 1, 20 Poinsettia Place, Henderson, Auckland 0610 Tenancy Tribunal Case 5262901 — 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 5262901 — net $7,818.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$301.71	Water rates
Repairs: Garage door	$3,273.18	Repairs: Garage door
Window repairs	$369.84	Window repairs
Repairs: Fence	$882.97	Repairs: Fence
Cleaning	$2,053.04	Cleaning
Repairs: Walls, doors etc	$1,426.53	Repairs: Walls, doors etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,818.27
Total payable by Tenant to Landlord	$7,818.27

Claims and awards for application 5262901 — net $7,818.27 NZD. Verify on MoJ.

Water rates

Amount: $301.71
Awarded to: Landlord
Reason: Water rates

Repairs: Garage door

Amount: $3,273.18
Awarded to: Landlord
Reason: Repairs: Garage door

Window repairs

Amount: $369.84
Awarded to: Landlord
Reason: Window repairs

Repairs: Fence

Amount: $882.97
Awarded to: Landlord
Reason: Repairs: Fence

Cleaning

Amount: $2,053.04
Awarded to: Landlord
Reason: Cleaning

Repairs: Walls, doors etc

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Emma Headington must pay [The landlord/s] $7,818.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $516.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 11 April 2025. The landlord provided water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: damaged garage door, broken window, broken fence, wall holes, damaged doors, missing door stops. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the name of the landlord.

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 5262901 — net $7,818.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$301.71	Water rates
Repairs: Garage door	$3,273.18	Repairs: Garage door
Window repairs	$369.84	Window repairs
Repairs: Fence	$882.97	Repairs: Fence
Cleaning	$2,053.04	Cleaning
Repairs: Walls, doors etc	$1,426.53	Repairs: Walls, doors etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,818.27
Total payable by Tenant to Landlord	$7,818.27

Claims and awards for application 5262901 — net $7,818.27 NZD. Verify on MoJ.

Water rates

Amount: $301.71
Awarded to: Landlord
Reason: Water rates

Repairs: Garage door

Amount: $3,273.18
Awarded to: Landlord
Reason: Repairs: Garage door

Window repairs

Amount: $369.84
Awarded to: Landlord
Reason: Window repairs

Repairs: Fence

Amount: $882.97
Awarded to: Landlord
Reason: Repairs: Fence

Cleaning

Amount: $2,053.04
Awarded to: Landlord
Reason: Cleaning

Repairs: Walls, doors etc

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Emma Headington must pay [The landlord/s] $7,818.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $516.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 11 April 2025. The landlord provided water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: damaged garage door, broken window, broken fence, wall holes, damaged doors, missing door stops. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the name of the landlord.

Tenancy Tribunal case 5262901 — Property damage at Unit/Flat 1, 20 Poinsettia Place, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5262901 — Property damage at Unit/Flat 1, 20 Poinsettia Place, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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