What was Tenancy Tribunal case 5268699 about?

The tribunal order states: There is an order for the suppression of the name of the landlord.

How much money was awarded in case 5268699?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Property Damage: $171.28 awarded to landlord; Rent Arrears: $2,517.14 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5268699?

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

Where can I read the official tribunal order for case 5268699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12728338-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5268699 about?

The tribunal order states: There is an order for the suppression of the name of the landlord.

How much money was awarded in case 5268699?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Property Damage: $171.28 awarded to landlord; Rent Arrears: $2,517.14 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5268699?

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

Where can I read the official tribunal order for case 5268699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12728338-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5268699 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5268699 — net $2,679.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2025	$2,517.14	Rent arrears to 19 June 2025
Rubbish removal	$100.00	Rubbish removal
Cleaning, including oven and carpet	$700.00	Cleaning, including oven and carpet
Window repairs	$764.00	Window repairs
Lock/key replacement	$171.28	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,679.42
Total payable by Tenant to Landlord	$2,679.42

The landlord attended the hearing, represented by two property managers. There was no appearance for the tenant.

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 19 June 2025. The landlord took possession on that date because the tenant had stopped paying rent, and when the property manager visited on that date she found that the tenant had moved out. The landlord provided rent records which prove the amount owing at that date was $2,517.14. That amount is ordered.

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) Residential Tenancies Act 1986.

The landlord provided photographs which show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They submitted an receipt for $100 for rubbish removal. That amount is ordered.

A quote and invoice for $1000 were submitted for cleaning, including the oven and the carpet. There were white marks on the carpet that required cleaning.

A deduction of $300 has been made for water-blasting and washing the outside of the house. Those are maintenance matters for the landlord to attend to.

One key was left at the property but the remaining keys were not returned. The landlord submitted an invoice for 148.92 plus GST for lock replacement.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord also submitted invoices relating to repair of a woodburner and window repairs.

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 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 broken windows occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

There was no evidence that the tenants had done anything to damage the woodburner. The invoices submitted were for inspections and repairs that appear to be due to fair wear and tear. The applications for compensation in relation to the woodburner are dismissed.

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.

Claims and awards in Tenancy Tribunal application 5268699 — net $2,679.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2025	$2,517.14	Rent arrears to 19 June 2025
Rubbish removal	$100.00	Rubbish removal
Cleaning, including oven and carpet	$700.00	Cleaning, including oven and carpet
Window repairs	$764.00	Window repairs
Lock/key replacement	$171.28	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,679.42
Total payable by Tenant to Landlord	$2,679.42

Order

There is an order for the suppression of the name of the landlord.
Justine Karen Gannaway must pay [The landlord/s] $2,679.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, represented by two property managers. There was no appearance for the tenant.
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 19 June 2025. The landlord took possession on that date because the tenant had stopped paying rent, and when the property manager visited on that date she found that the tenant had moved out. The landlord provided rent records which prove the amount owing at that date was $2,517.14. That amount is ordered.

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) Residential Tenancies Act 1986.
The landlord provided photographs which show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They submitted an receipt for $100 for rubbish removal. That amount is ordered.
A quote and invoice for $1000 were submitted for cleaning, including the oven and the carpet. There were white marks on the carpet that required cleaning.
A deduction of $300 has been made for water-blasting and washing the outside of the house. Those are maintenance matters for the landlord to attend to.
One key was left at the property but the remaining keys were not returned. The landlord submitted an invoice for 148.92 plus GST for lock replacement.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord also submitted invoices relating to repair of a woodburner and window repairs.
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 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 broken windows occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
There was no evidence that the tenants had done anything to damage the woodburner. The invoices submitted were for inspections and repairs that appear to be due to fair wear and tear. The applications for compensation in relation to the woodburner are dismissed.
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.

Tenancy Tribunal case 5268699 — Rent arrears

At a glance

Tenancy Tribunal case 5268699 — Rent arrears

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