How much money was awarded in case 5263979?

Cleaning: $200.00 awarded to landlord; Cleaning: $421.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Oven Excess: $500.00 awarded to landlord; Property Damage: $198.20 awarded to landlord; Rent Arrears: $1,008.57 awarded to landlord; During The Tenancy: $515.00 awarded to landlord; End Of Tenancy: $495.00 awarded to landlord

What type of tenancy dispute was case 5263979?

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

Where can I read the official tribunal order for case 5263979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12415364-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5263979?

Cleaning: $200.00 awarded to landlord; Cleaning: $421.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Oven Excess: $500.00 awarded to landlord; Property Damage: $198.20 awarded to landlord; Rent Arrears: $1,008.57 awarded to landlord; During The Tenancy: $515.00 awarded to landlord; End Of Tenancy: $495.00 awarded to landlord

What type of tenancy dispute was case 5263979?

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

Where can I read the official tribunal order for case 5263979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12415364-Tribunal_Order_Redacted.pdf.

27 Lake Crescent, Hamilton Lake, Hamilton 3204 Tenancy Tribunal Case 5263979 — Property damage

Q: What was Tenancy Tribunal case 5263979 about?

The tribunal order states: This order replaces the order dated 29 July 2025 by correcting a typographical

Order

Claims and awards in Tenancy Tribunal application 5263979 — net $584.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,008.57	Rent arrears
Carpet Cleaning	$200.00	Carpet Cleaning
Oven excess	$500.00	Oven excess
Cleaning: inside and out/gardens	$421.13	Cleaning: inside and out/gardens
Window repairs	$198.20	Window repairs
Repairs: during the tenancy	$515.00	Repairs: during the tenancy
Repairs: end of tenancy	$495.00	Repairs: end of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$584.90
Total payable by Tenant to Landlord	$584.90

This order replaces the order dated 29 July 2025 by correcting a typographical error calculating the total payable to the landlord by the tenant to $584.90.

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 3. 4.

Reasons

This order amends the order dated 29 July 2025 correcting a typographical error in the addition of amount payable by the tenant to the landlord. No other alterations to the body of the order have been made.

The landlord parties attended the hearing. The tenants did not appear.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 29 March 2025. The landlord provided rent records 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) The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet in the hallway and bedroom required cleaning and stain removal. The lawns required mowing and weeding.

There was no evidence that the bathroom required cleaning, or 5 bags of rubbish were removed. These claims are not awarded.

The landlord claimed for missing light bulbs but was unable to supply evidence to support this.

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: The oven had a dial missing and it could not be repaired, a lounge window was broken, walls were drawn on and a wardrobe was missing a handle. There was no evidence of the kitchen basket damage. The insurance excess for the oven replacement is awarded.

During the tenancy the towel rail and heater in the lounge were taken off the walls, there was a hole in a bedroom door and paint peeled off a door. Evidence and an invoice for these repairs was provided.

The tenant did not let the landlord know about these damages and did not appear at the hearing. I find these are careless damages and award compensation.

The amounts ordered are proved.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 5263979 — net $584.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,008.57	Rent arrears
Carpet Cleaning	$200.00	Carpet Cleaning
Oven excess	$500.00	Oven excess
Cleaning: inside and out/gardens	$421.13	Cleaning: inside and out/gardens
Window repairs	$198.20	Window repairs
Repairs: during the tenancy	$515.00	Repairs: during the tenancy
Repairs: end of tenancy	$495.00	Repairs: end of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$584.90
Total payable by Tenant to Landlord	$584.90

Order

This order replaces the order dated 29 July 2025 by correcting a typographical error calculating the total payable to the landlord by the tenant to $584.90.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 3. 4.

Reasons

This order amends the order dated 29 July 2025 correcting a typographical error in the addition of amount payable by the tenant to the landlord. No other alterations to the body of the order have been made.
The landlord parties attended the hearing. The tenants did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 29 March 2025. The landlord provided rent records 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) The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet in the hallway and bedroom required cleaning and stain removal. The lawns required mowing and weeding.
There was no evidence that the bathroom required cleaning, or 5 bags of rubbish were removed. These claims are not awarded.
The landlord claimed for missing light bulbs but was unable to supply evidence to support this.
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: The oven had a dial missing and it could not be repaired, a lounge window was broken, walls were drawn on and a wardrobe was missing a handle. There was no evidence of the kitchen basket damage. The insurance excess for the oven replacement is awarded.
During the tenancy the towel rail and heater in the lounge were taken off the walls, there was a hole in a bedroom door and paint peeled off a door. Evidence and an invoice for these repairs was provided.
The tenant did not let the landlord know about these damages and did not appear at the hearing. I find these are careless damages and award compensation.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 5263979 — Property damage at 27 Lake Crescent, Hamilton Lake, Hamilton 3204

At a glance

Tenancy Tribunal case 5263979 — Property damage at 27 Lake Crescent, Hamilton Lake, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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