What was Tenancy Tribunal case 5267699 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 5267699?

Break Lease Costs: $685.00 awarded to landlord; Cleaning: $210.00 awarded to landlord; Carpet Stain Removal: $342.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Fridge Shelves: $93.03 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $2,120.74 awarded to landlord; Rubbish Removal: $277.39 awarded to landlord

What type of tenancy dispute was case 5267699?

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

Where can I read the official tribunal order for case 5267699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12117687-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5267699 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 5267699?

Break Lease Costs: $685.00 awarded to landlord; Cleaning: $210.00 awarded to landlord; Carpet Stain Removal: $342.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Fridge Shelves: $93.03 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $2,120.74 awarded to landlord; Rubbish Removal: $277.39 awarded to landlord

What type of tenancy dispute was case 5267699?

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

Where can I read the official tribunal order for case 5267699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12117687-Tribunal_Order_Redacted.pdf.

Flat 5, 37 Oram Avenue, New Brighton, Christchurch 8061 Tenancy Tribunal Case 5267699 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5267699 — net $3,035.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2025	$2,120.74	Rent arrears to 10 April 2025
Wall damage	$1,200.00	Wall damage
Fridge shelves	$93.03	Fridge shelves
Break lease costs	$685.00	Break lease costs
Carpet Cleaning	$210.00	Carpet Cleaning
Cleaning and rubbish removal	$277.39	Cleaning and rubbish removal
Carpet stain removal	$342.00	Carpet stain removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,035.16
Total payable by Tenant to Landlord	$3,035.16

Only the landlord’s representative attended the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord. Rent and Reletting Costs

The tenancy was for a fixed term to 1 September 2025. It ended on 10 April after the landlord agreed to accept a surrender of the tenancy from the tenant on the usual terms that the tenant would be liable for rent until the premises were relet and for reletting costs.

The landlord provided rent records to prove the amount owing to the end of the tenancy as awarded.

The landlord also produced a list of costs associated with early termination of the tenancy which I find to be reasonable. I have therefore awarded them in full. The Tenant’s Other Obligations

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and leave all chattels provided for their benefit.

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 that 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.

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). Claims

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Shelves were missing from the fridge at the end of the tenancy.

There was damage to walls caused during the tenancy. Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed $1667.50 for wall repair and painting supported by an invoice. The invoice refers to repairing and painting all walls in the premises apart from the bathroom.

The outgoing report photographs show damage to walls in some places as well as marks on walls. It seems that some of the damage was caused when the tenant moved her belongings into the premises.

Some of the marks were cleaned off by the cleaner but others remained. The photographs, in my view, do not justify all the walls in the premises being painted at the tenant’s expense. Although the premises were near new, and the tenancy was a short one, there can still be expected some fair wear and tear. It seems to me that the landlord has sought to return the premises to its near new condition.

I have therefore reduced the amount awarded for wall damage beyond fair and tear from $1,667.50 to $1,200. The landlord’s insurance excess is $400 according to the schedule provided but no single incident of damage exceeded that amount.

The amounts awarded were proved by the production of photographs and invoices.

The landlord has been largely successful and so I have awarded the filing fee.

For the same reason I have granted the landlord’s request for name suppression.

Claims and awards in Tenancy Tribunal application 5267699 — net $3,035.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2025	$2,120.74	Rent arrears to 10 April 2025
Wall damage	$1,200.00	Wall damage
Fridge shelves	$93.03	Fridge shelves
Break lease costs	$685.00	Break lease costs
Carpet Cleaning	$210.00	Carpet Cleaning
Cleaning and rubbish removal	$277.39	Cleaning and rubbish removal
Carpet stain removal	$342.00	Carpet stain removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,035.16
Total payable by Tenant to Landlord	$3,035.16

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Natasha Nash must pay [The landlord] $3,035.16 immediately, calculated as shown in the table below.

Reasons

Only the landlord’s representative attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord. Rent and Reletting Costs
The tenancy was for a fixed term to 1 September 2025. It ended on 10 April after the landlord agreed to accept a surrender of the tenancy from the tenant on the usual terms that the tenant would be liable for rent until the premises were relet and for reletting costs.
The landlord provided rent records to prove the amount owing to the end of the tenancy as awarded.
The landlord also produced a list of costs associated with early termination of the tenancy which I find to be reasonable. I have therefore awarded them in full. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and leave all chattels provided for their benefit.
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 that 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.
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). Claims
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Shelves were missing from the fridge at the end of the tenancy.
There was damage to walls caused during the tenancy. Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed $1667.50 for wall repair and painting supported by an invoice. The invoice refers to repairing and painting all walls in the premises apart from the bathroom.
The outgoing report photographs show damage to walls in some places as well as marks on walls. It seems that some of the damage was caused when the tenant moved her belongings into the premises.
Some of the marks were cleaned off by the cleaner but others remained. The photographs, in my view, do not justify all the walls in the premises being painted at the tenant’s expense. Although the premises were near new, and the tenancy was a short one, there can still be expected some fair wear and tear. It seems to me that the landlord has sought to return the premises to its near new condition.
I have therefore reduced the amount awarded for wall damage beyond fair and tear from $1,667.50 to $1,200. The landlord’s insurance excess is $400 according to the schedule provided but no single incident of damage exceeded that amount.
The amounts awarded were proved by the production of photographs and invoices.
The landlord has been largely successful and so I have awarded the filing fee.
For the same reason I have granted the landlord’s request for name suppression.

Tenancy Tribunal case 5267699 — Rent arrears at Flat 5, 37 Oram Avenue, New Brighton, Christchurch 8061

At a glance

Tenancy Tribunal case 5267699 — Rent arrears at Flat 5, 37 Oram Avenue, New Brighton, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions