How much money was awarded in case 5277979?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Previous Order Application 5242254 D…: $1,710.00 awarded to landlord; Property Damage: $398.00 awarded to landlord; Property Damage: $441.60 awarded to landlord; Property Damage: $1,280.75 awarded to landlord

What type of tenancy dispute was case 5277979?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5277979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12290718-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5277979?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Previous Order Application 5242254 D…: $1,710.00 awarded to landlord; Property Damage: $398.00 awarded to landlord; Property Damage: $441.60 awarded to landlord; Property Damage: $1,280.75 awarded to landlord

What type of tenancy dispute was case 5277979?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5277979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12290718-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5277979 — Property damage

Q: What was Tenancy Tribunal case 5277979 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 5277979 — net $3,977.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5242254 dated 21/05/2025	$1,710.00	Previous order application 5242254 dated 21/05/2025
Lock/key replacement	$398.00	Lock/key replacement
Lawns and Garden work	$120.00	Lawns and Garden work
Window repairs	$441.60	Window repairs
Repairs	$1,280.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,977.35
Total payable by Tenant to Landlord	$3,977.35

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

Nalini Anarea Janita Daniels must pay [The landlord/s] $3,977.35 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 21 May 2025 under application 5242254.

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. There was no response to the calls. 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 compensation and reimbursement of the filing fee following the end 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 return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the exterior of the property showing that the lawns and gardens had not been left reasonably tidy. An invoice was provided for $120.00.

The tenant did not return the keys. An invoice from a Locksmith was provided for $398.00

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 not insured for tenant damage.

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 hole was put in the bathroom wall. • A hole was put in the bathroom door. • A curtain rail was damaged. • There was a large hole in the downstairs bedroom • A door frame was broken. • Windows in the downstairs bedroom and the garage were broken 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 an invoice for $1,280.75 in support of the application.

The amounts ordered are proven.

On 21 May 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 26 May 2025 and release of the bond. The previous order is incorporated into this order for enforcement purposes. The balance owing under the previous order after deduction of the bond is $1,710.00

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 5277979 — net $3,977.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5242254 dated 21/05/2025	$1,710.00	Previous order application 5242254 dated 21/05/2025
Lock/key replacement	$398.00	Lock/key replacement
Lawns and Garden work	$120.00	Lawns and Garden work
Window repairs	$441.60	Window repairs
Repairs	$1,280.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,977.35
Total payable by Tenant to Landlord	$3,977.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Nalini Anarea Janita Daniels must pay [The landlord/s] $3,977.35 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 21 May 2025 under application 5242254.

Reasons

The landlord attended the video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. There was no response to the calls. 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 compensation and reimbursement of the filing fee following the end 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 return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the exterior of the property showing that the lawns and gardens had not been left reasonably tidy. An invoice was provided for $120.00.
The tenant did not return the keys. An invoice from a Locksmith was provided for $398.00
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 not insured for tenant damage.
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 hole was put in the bathroom wall. • A hole was put in the bathroom door. • A curtain rail was damaged. • There was a large hole in the downstairs bedroom • A door frame was broken. • Windows in the downstairs bedroom and the garage were broken 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 an invoice for $1,280.75 in support of the application.
The amounts ordered are proven.
On 21 May 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 26 May 2025 and release of the bond. The previous order is incorporated into this order for enforcement purposes. The balance owing under the previous order after deduction of the bond is $1,710.00
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 5277979 — Property damage

At a glance

Tenancy Tribunal case 5277979 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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