How much money was awarded in case 5269040?

Cleaning: $360.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5223558 D…: $902.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,130.00 awarded to landlord; Walls And Painting: $1,200.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord; Water Rates: $2,002.92 awarded to landlord

What type of tenancy dispute was case 5269040?

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

Where can I read the official tribunal order for case 5269040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12379854-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5269040?

Cleaning: $360.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5223558 D…: $902.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,130.00 awarded to landlord; Walls And Painting: $1,200.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord; Water Rates: $2,002.92 awarded to landlord

What type of tenancy dispute was case 5269040?

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

Where can I read the official tribunal order for case 5269040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12379854-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5269040 — Property damage

Q: What was Tenancy Tribunal case 5269040 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 5269040 — net $6,202.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,130.00	Rent arrears
Previous order application 5223558 dated 06/05/2025	$902.75	Previous order application 5223558 dated 06/05/2025
Water rates	$2,002.92	Water rates
Cleaning: and carpet cleaning	$360.00	Cleaning: and carpet cleaning
Rubbish removal	$180.00	Rubbish removal
Window repairs	$400.00	Window repairs
Repairs: Walls and painting	$1,200.00	Repairs: Walls and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,202.67
Total payable by Tenant to Landlord	$6,202.67

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

Krushay Ashanti Lee Waimotu must pay [The landlord/s] $6,202.67 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 6 May 2025 under application 5223558.

Reasons

The landlord attended the remote hearing.

The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call went to voicemail. The second call was not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

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?

The tenancy ended on 14 May 2024. The landlord provided rent records which prove the balance of the amount owing at the end of the tenancy was $1,130.00 following deduction of the bond.

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. 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 landlord provided photos of the premises at the end of the tenancy. The photos show that the premises had not been left reasonably clean and tidy and that rubbish remained both inside and outside. Invoices were provided for the cleaning and rubbish removal.

Carpet cleaning was also required as a result of stains being left on the carpet. The landlord’s invoice for cleaning included carpet 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. The landlord is insured. The landlord’s policy of insurance carries in excess of $500.00 on each and every claim.

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 window was cracked. • The garage walls were damaged. There were numerous holes which required gib to be added and then painted. A wall in the hallway had been extensively graffitied.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photos of the damage and copies of the invoices. I consider that the damage to the garage and hallway is intentional. The insurance excess does not apply.

The amounts ordered are proven.

On 6 May 2025 the Tribunal made an order relating to this tenancy, for plumbing costs of $902.50. The previous order is incorporated into this order for enforcement purposes.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5269040 — net $6,202.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,130.00	Rent arrears
Previous order application 5223558 dated 06/05/2025	$902.75	Previous order application 5223558 dated 06/05/2025
Water rates	$2,002.92	Water rates
Cleaning: and carpet cleaning	$360.00	Cleaning: and carpet cleaning
Rubbish removal	$180.00	Rubbish removal
Window repairs	$400.00	Window repairs
Repairs: Walls and painting	$1,200.00	Repairs: Walls and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,202.67
Total payable by Tenant to Landlord	$6,202.67

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Krushay Ashanti Lee Waimotu must pay [The landlord/s] $6,202.67 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 6 May 2025 under application 5223558.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call went to voicemail. The second call was not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
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?

The tenancy ended on 14 May 2024. The landlord provided rent records which prove the balance of the amount owing at the end of the tenancy was $1,130.00 following deduction of the bond.

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. 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 landlord provided photos of the premises at the end of the tenancy. The photos show that the premises had not been left reasonably clean and tidy and that rubbish remained both inside and outside. Invoices were provided for the cleaning and rubbish removal.
Carpet cleaning was also required as a result of stains being left on the carpet. The landlord’s invoice for cleaning included carpet 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. The landlord is insured. The landlord’s policy of insurance carries in excess of $500.00 on each and every claim.
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 window was cracked. • The garage walls were damaged. There were numerous holes which required gib to be added and then painted. A wall in the hallway had been extensively graffitied.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photos of the damage and copies of the invoices. I consider that the damage to the garage and hallway is intentional. The insurance excess does not apply.
The amounts ordered are proven.
On 6 May 2025 the Tribunal made an order relating to this tenancy, for plumbing costs of $902.50. The previous order is incorporated into this order for enforcement purposes.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5269040 — Property damage

At a glance

Tenancy Tribunal case 5269040 — Property damage

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