What was Tenancy Tribunal case 5276776 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 5276776?

Cleaning: $126.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5137909 D…: $7,834.43 awarded to landlord; Shower Wall: $494.50 awarded to landlord; Sleepout Walls - Multiple Holes: $1,121.60 awarded to landlord; Rubbish Removal: $556.20 awarded to landlord; Water Rates: $15.64 awarded to landlord; Property Damage: $414.00 awarded to landlord

What type of tenancy dispute was case 5276776?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5276776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12187981-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5276776 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 5276776?

Cleaning: $126.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5137909 D…: $7,834.43 awarded to landlord; Shower Wall: $494.50 awarded to landlord; Sleepout Walls - Multiple Holes: $1,121.60 awarded to landlord; Rubbish Removal: $556.20 awarded to landlord; Water Rates: $15.64 awarded to landlord; Property Damage: $414.00 awarded to landlord

What type of tenancy dispute was case 5276776?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5276776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12187981-Tribunal_Order_Redacted.pdf.

19 Collingwood Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5276776 — Property damage

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19 Collingwood Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5276776 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5276776 — net $10,616.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5137909 dated 08/04/2025	$7,834.43	Previous order application 5137909 dated 08/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$15.64	Water rates
Rubbish removal	$556.20	Rubbish removal
Carpet Cleaning	$126.28	Carpet Cleaning
Window repairs: 2	$414.00	Window repairs: 2
Repairs: Shower wall	$494.50	Repairs: Shower wall
Repairs: Sleepout walls - multiple holes	$1,121.60	Repairs: Sleepout walls - multiple holes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,616.65
Total payable by Tenant to Landlord	$10,616.65

Claims and awards for application 5276776 — net $10,616.65 NZD. Verify on MoJ.

Previous order application 5137909 dated 08/04/2025

Amount: $7,834.43
Awarded to: Landlord
Reason: Previous order application 5137909 dated 08/04/2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $15.64
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $556.20
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $126.28
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name.
Tewairua Pumipi must pay [The landlord/s] $10,616.65 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 8 April 2025 under application 5276776.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for final water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 8 April 2025 by Tribunal order. That order addressed outstanding water rates at that time. The landlord provided the final water rates record, being $15.64. This is awarded.

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)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises carpet reasonably clean and did not remove all rubbish. The landlord provided photos and invoices that establish the respective awards of $126.28 for carpet cleaning and $556.20 for rubbish removal.
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 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 following damage was caused during the tenancy:
Two windows were broken and replaced by the landlord at a cost of $414.00. Photos of the broken windows were submitted.
One wall in the shower cubicle had been punctured and required replacement at a cost of $494.50. An invoice and photos evidencing the damage and cost of repair were submitted.
Sleepout walls. There were a series of holes made in the sleepout walls. The invoiced cost of repair was $1,121.60. An invoice and photos evidencing the damage and cost of repair were submitted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoiced costs reasonably reflect the evidenced damage.
The amounts ordered are proved. Prior order
On 8 April 2025 the Tribunal made an order relating to this tenancy, for termination, rent arrears, water rates and smoke alarm replacement. After the release of the bond, the monetary order was $7,834.43. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in this application. It did not in the prior application and that remains as published, limiting the benefit of suppression here. However, as it has been wholly successful, name suppression is ordered. I intentionally have not suppressed the premises address as that may be of future public interest, outweighing any specific interest of the landlord.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5276776 — net $10,616.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5137909 dated 08/04/2025	$7,834.43	Previous order application 5137909 dated 08/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$15.64	Water rates
Rubbish removal	$556.20	Rubbish removal
Carpet Cleaning	$126.28	Carpet Cleaning
Window repairs: 2	$414.00	Window repairs: 2
Repairs: Shower wall	$494.50	Repairs: Shower wall
Repairs: Sleepout walls - multiple holes	$1,121.60	Repairs: Sleepout walls - multiple holes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,616.65
Total payable by Tenant to Landlord	$10,616.65

Claims and awards for application 5276776 — net $10,616.65 NZD. Verify on MoJ.

Previous order application 5137909 dated 08/04/2025

Amount: $7,834.43
Awarded to: Landlord
Reason: Previous order application 5137909 dated 08/04/2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $15.64
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $556.20
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $126.28
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name.
Tewairua Pumipi must pay [The landlord/s] $10,616.65 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 8 April 2025 under application 5276776.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for final water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 8 April 2025 by Tribunal order. That order addressed outstanding water rates at that time. The landlord provided the final water rates record, being $15.64. This is awarded.

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)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises carpet reasonably clean and did not remove all rubbish. The landlord provided photos and invoices that establish the respective awards of $126.28 for carpet cleaning and $556.20 for rubbish removal.
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 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 following damage was caused during the tenancy:
Two windows were broken and replaced by the landlord at a cost of $414.00. Photos of the broken windows were submitted.
One wall in the shower cubicle had been punctured and required replacement at a cost of $494.50. An invoice and photos evidencing the damage and cost of repair were submitted.
Sleepout walls. There were a series of holes made in the sleepout walls. The invoiced cost of repair was $1,121.60. An invoice and photos evidencing the damage and cost of repair were submitted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoiced costs reasonably reflect the evidenced damage.
The amounts ordered are proved. Prior order
On 8 April 2025 the Tribunal made an order relating to this tenancy, for termination, rent arrears, water rates and smoke alarm replacement. After the release of the bond, the monetary order was $7,834.43. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in this application. It did not in the prior application and that remains as published, limiting the benefit of suppression here. However, as it has been wholly successful, name suppression is ordered. I intentionally have not suppressed the premises address as that may be of future public interest, outweighing any specific interest of the landlord.

Tenancy Tribunal case 5276776 — Property damage at 19 Collingwood Road, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 5276776 — Property damage at 19 Collingwood Road, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water?

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 water?

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