Tenantcheck Insights · Case study
Tenancy Tribunal case 5271904 — Rent arrears
Decided 27 Aug 2025 · Published 27 Aug 2025 · Application 5271904
- Rent arrears
- Property damage
- Cleanliness
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,695.93
- Total balance for Tenant to pay Landlord
- $1,695.93
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $557.14 | Rent arrears | |
| Water rates | $511.79 | Water rates | |
| Repairs | $400.00 | tenant has not disproved liability for the damage. The tenant is ordered to pay $400.00 for repairs to the door and walls. | |
| Cleaning: Interior windows | $200.00 | Cleaning: Interior windows | |
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- [The tenant/s] to pay [The landlord/s] $1,695.93 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,483.43 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,695.93 [The tenant/s]: $787.50
Reasons
- Both parties attended the video hearing.
- 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 and water rates?
- The tenancy ended on 13 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $557.14 for rent and $511.79 for water rates.
- The tenant said that she had agreed to leave the premises on 10 January 2025. Cleaning was still being carried out by the tenant on 11 January and the keys were not returned to the landlord until Monday the 13th of January 2025. I find that the 13th was the final date 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photos of the interior windows of the premises and glass on what appears to be an interior balustrade. The windows have not been left reasonably clean and tidy by the tenant. The landlord’s invoice is for $460.00. Having reviewed the photos provided, I consider that a reasonable claim to bring the windows to a reasonably tidy standard would be $200.00.
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.
- 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 landlord said that the following damage was caused during the tenancy: Both doors and walls were damaged. The landlord provided photos and invoices for repairs of $552.00 for the doors and $402.50 for walls. The landlord was unable to say when the premises had last been repainted but said that the doors and walls were in good condition at the commencement of the tenancy. The tenant accepted that some of the damage had occurred during the course of her tenancy. She said that she had spoken to the landlord at the end of the tenancy and agreed that she was prepared to pay up to a maximum of $300.00 for repairs and that any costs exceeding that amount would require a quote and her approval.
- I consider that much of the damage shown in the photographs provided by the landlord did occur during the course of this tenancy. I have taken into account betterment and depreciation in setting what I consider to be an appropriate level of compensation. 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 doors and walls at the start of the tenancy and their likely useful lifespan.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $400.00 for repairs to the door and walls.
- The amounts ordered are proved.
- As [The applicant/s] has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.
- Both parties applied forward name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been substantially successful in this hearing and the tenant’s application for names separation is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5271904 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 5271904?
Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $557.14 awarded to landlord; Water Rates: $511.79 awarded to landlord
What type of tenancy dispute was case 5271904?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5271904?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12325719-Tribunal_Order_Redacted.pdf.
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