What was Tenancy Tribunal case 5273959 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 5273959?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $527.00 awarded to landlord; Water Rates: $426.26 awarded to landlord

What type of tenancy dispute was case 5273959?

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

Where can I read the official tribunal order for case 5273959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12225809-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5273959 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 5273959?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $527.00 awarded to landlord; Water Rates: $426.26 awarded to landlord

What type of tenancy dispute was case 5273959?

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

Where can I read the official tribunal order for case 5273959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12225809-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5273959 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5273959. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2025	$527.00	Rent arrears to 18 April 2025
Water rates to 14 April 2025	$426.26	Water rates to 14 April 2025
Repairing damage to splashback (insurance excess as stated on tenancy agreement	$400.00	Repairing damage to splashback (insurance excess as stated on tenancy agreement
Filing fee reimbursement	$27.00	Filing fee reimbursement

Both parties attended the hearing which was held by video conference. Emma White appeared on behalf of the landlord. Both tenants appeared.

This tenancy began on 25 August 2024 and ended on 18 April 2025.

This matter has come to the Tribunal because the parties have been unable to agree on outstanding matters at the end of the tenancy. The bond is still held at the Bond Centre.

The landlord has applied for rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.

The landlord had not included a claim for compensation for damage in their application but included a claim for damage to a kitchen splashback in their evidence for the hearing. The tenants said that they were happy to deal with the claim regarding the splashback today so that all matters can be resolved.

How much is owed for rent and water rates?

The landlord provided rent records showing that rent is owing for a portion of the final week of the tenancy is $527.14.

The tenant agreed that the amount claimed is owing and I therefore make the order for rent arrears in the amount of $527.14 by consent.

The landlord said that the amount of $426.26 was owing for water at the end of the tenancy. The landlord produced invoices for the amounts owing, although it appears that the final invoice was received after the application was filed and the landlord filed a copy during the hearing today.

The tenants said that the water invoices were sent to them months after they were received and that they had not received the final invoice prior to the hearing today. They said that this made it very difficult for them to budget.

The landlord acknowledged that the water invoices were in many cases not sent to the tenants until several months after they had been issued. They said that the invoices are issued by the Body Corporate and that the invoices had not been sent to the landlord in a timely manner.

After reviewing the invoices the tenants accepted that the amount claimed is owing. I therefore make an order for water usage in the amount of $426.26 by consent.

Are the tenants 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.

The landlord said that the tenants damaged the splashback. The landlord produced photos of the splashback, showing what appears to be a point of impact with a hole and shattered glass radiating out from that point.

The landlord produced correspondence from the tenant as the tenant contacted them as soon as the damage occurred. In the email correspondence [Tenant 1] said that she was moving a table and the edge of the table accidentally came into contact with the splashback, causing the damage.

The landlord said that they have paid to have the splashback repaired. They produced an invoice in the amount of $1,100.20 for the repair.

The landlord claimed against their insurance policy for the repair and produced a copy of the insurance claim form as sent to their broker. However the broker responded stating “This appears to be a claim for Ms Mason’s apartment, which should be insured under the building body corp. You would need to consult with them regarding a claim for the damage”.

Ms White was unable to provide a copy of correspondence with the Body Corporate regarding a claim for the damage. She said that the Body Corporate’s excess was likely to be greater than the amount of the damage.

The tenants said: a. The damage was not careless, it was accidental; and b. If the damage is found to be careless, the claim should be limited to the insurance excess as stated in the Tenancy Agreement ($400).

In my view the damage was careless. It is important to take care when moving large items to ensure that they do not come into contact with walls or other fittings or fixtures. The person moving the items has not closely monitored the items and it has come into contact with the splashback and caused damage.

I agree that the tenants’ liability should be limited to the insurance excess amount as stated in the tenancy agreement. This insurance excess is set out in the tenancy agreement so that tenants are aware of their potential liability for damage. If the apartment is in fact insured under the Body Corporate insurance then the tenancy agreement should have made this clear and set out the correct excess amount.

I order compensation for the splashback in the amount of the stated insurance excess, being $400.00. Filing fee and name suppression

I have not refunded the filing fee because the landlord’s claim as filed only included a claim for rent arrears and water rates and it is clear from the correspondence that the tenants accepted these prior to the hearing (although were not certain of the exact amount owing for water rates). The parties have each had some success with respect to the kitchen splashback.

The tenants sought an order for name suppression. I consider that they are entitled to an order for name suppression as the orders for rent and water arrears were made by consent, and they have been the more successful party in regard to the claim for the kitchen splashback, when the amount claimed is considered. See section 95A RTA.

Reasons

Claims and awards in Tenancy Tribunal application 5273959. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2025	$527.00	Rent arrears to 18 April 2025
Water rates to 14 April 2025	$426.26	Water rates to 14 April 2025
Repairing damage to splashback (insurance excess as stated on tenancy agreement	$400.00	Repairing damage to splashback (insurance excess as stated on tenancy agreement
Filing fee reimbursement	$27.00	Filing fee reimbursement

Both parties attended the hearing which was held by video conference. Emma White appeared on behalf of the landlord. Both tenants appeared.

This tenancy began on 25 August 2024 and ended on 18 April 2025.

This matter has come to the Tribunal because the parties have been unable to agree on outstanding matters at the end of the tenancy. The bond is still held at the Bond Centre.

The landlord has applied for rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The landlord provided rent records showing that rent is owing for a portion of the final week of the tenancy is $527.14.

The tenant agreed that the amount claimed is owing and I therefore make the order for rent arrears in the amount of $527.14 by consent.

After reviewing the invoices the tenants accepted that the amount claimed is owing. I therefore make an order for water usage in the amount of $426.26 by consent.

Are the tenants responsible for the damage to the premises?

The landlord said that they have paid to have the splashback repaired. They produced an invoice in the amount of $1,100.20 for the repair.

I order compensation for the splashback in the amount of the stated insurance excess, being $400.00. Filing fee and name suppression

Tenancy Tribunal case 5273959 — Rent arrears

At a glance

Tenancy Tribunal case 5273959 — Rent arrears

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions