What was Tenancy Tribunal case 5280322 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 5280322?

Cleaning: $1,437.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $782.00 awarded to landlord; Property Damage: $2,600.00 awarded to landlord

What type of tenancy dispute was case 5280322?

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

Where can I read the official tribunal order for case 5280322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12775757-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280322 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 5280322?

Cleaning: $1,437.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $782.00 awarded to landlord; Property Damage: $2,600.00 awarded to landlord

What type of tenancy dispute was case 5280322?

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

Where can I read the official tribunal order for case 5280322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12775757-Tribunal_Order_Redacted.pdf.

18 Bollard Avenue, New Windsor, Auckland 0600 Tenancy Tribunal Case 5280322 — Property damage

Claims and awards in Tenancy Tribunal application 5280322 — net $5,846.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$782.00	The claim for rent arrears is proven.
Cleaning	$1,437.50	Cleaning
Repairs: Wall repairs and repainting	$2,600.00	Repairs: Wall repairs and repainting
Insurance excess - kitchen sink	$1,000.00	Insurance excess - kitchen sink
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,846.50
Total payable by Tenant to Landlord	$5,846.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Sarah Ball must pay [The landlord/s] $5,846.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing at the Auckland District Court. There was no appearance by 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 8 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.
The landlord confirmed during the hearing that they are no longer claiming for outstanding water charges.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive evidence in the form of an exit inspection report and photographs. I have also sighted an invoice from Queen Bees Cleaning dated 23 May 2025 in support of this claim.
Based on the evidence provided by the landlord I am entirely satisfied that the premises were left in a highly unsatisfactory state and that the tenant breached her obligations at the end of the tenancy. The cleaning required by the landlord was significant.
The claim for cleaning has been established.

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 claims the following damage was caused during the tenancy: damage to kitchen sink and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Kitchen sink
The landlord claims the insurance excess of $1,000.00 for a damaged kitchen sink which occurred during the tenancy. The landlord says that the tenant stood on the sink causing significant damage. The landlord also confirmed that the sink was replaced during the tenancy.
The landlord provided photographic evidence in support of this claim. I have also sighted written confirmation from Vero Insurance dated 5 October 2023 confirming the insurance excess payable. Damage to walls
The landlord claims that the tenant painted over the walls with a different colour paint. This caused significant damage which had to be professionally repaired and repainted.
The landlord claims compensation of $2,600.00 for damage to walls. The landlord provided an invoice from WMD Property Services Limited dated 31 July 2025 in support of this claim. I have also sighted the photographic evidence which clearly confirms the damage caused by the tenant. I am satisfied that damage caused was intentional.
The amounts ordered for damage to kitchen sink and walls are proved. Damage to flooring – insurance excess
The landlord seeks to recover the insurance excess from the tenant for damage to the flooring. However, the landlord has not provided any written evidence of the excess payable for a claim relating to this damage.
The Tribunal requires objective evidence of both the existence of the insurance policy and the amount of the excess payable pursuant to a successful claim, such as a letter from the insurer.
The Tribunal requires objective evidence that the claim has been approved and the relevant excess payable.
In the absence of this evidence, I am not satisfied that the landlord is entitled to recover the insurance excess from the tenant in respect of the flooring claim.
Accordingly, the landlord’s claim for the insurance excess in respect of damage to flooring must be dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is substantially successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5280322 — net $5,846.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$782.00	The claim for rent arrears is proven.
Cleaning	$1,437.50	Cleaning
Repairs: Wall repairs and repainting	$2,600.00	Repairs: Wall repairs and repainting
Insurance excess - kitchen sink	$1,000.00	Insurance excess - kitchen sink
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,846.50
Total payable by Tenant to Landlord	$5,846.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Sarah Ball must pay [The landlord/s] $5,846.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing at the Auckland District Court. There was no appearance by 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 8 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.
The landlord confirmed during the hearing that they are no longer claiming for outstanding water charges.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive evidence in the form of an exit inspection report and photographs. I have also sighted an invoice from Queen Bees Cleaning dated 23 May 2025 in support of this claim.
Based on the evidence provided by the landlord I am entirely satisfied that the premises were left in a highly unsatisfactory state and that the tenant breached her obligations at the end of the tenancy. The cleaning required by the landlord was significant.
The claim for cleaning has been established.

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 claims the following damage was caused during the tenancy: damage to kitchen sink and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Kitchen sink
The landlord claims the insurance excess of $1,000.00 for a damaged kitchen sink which occurred during the tenancy. The landlord says that the tenant stood on the sink causing significant damage. The landlord also confirmed that the sink was replaced during the tenancy.
The landlord provided photographic evidence in support of this claim. I have also sighted written confirmation from Vero Insurance dated 5 October 2023 confirming the insurance excess payable. Damage to walls
The landlord claims that the tenant painted over the walls with a different colour paint. This caused significant damage which had to be professionally repaired and repainted.
The landlord claims compensation of $2,600.00 for damage to walls. The landlord provided an invoice from WMD Property Services Limited dated 31 July 2025 in support of this claim. I have also sighted the photographic evidence which clearly confirms the damage caused by the tenant. I am satisfied that damage caused was intentional.
The amounts ordered for damage to kitchen sink and walls are proved. Damage to flooring – insurance excess
The landlord seeks to recover the insurance excess from the tenant for damage to the flooring. However, the landlord has not provided any written evidence of the excess payable for a claim relating to this damage.
The Tribunal requires objective evidence of both the existence of the insurance policy and the amount of the excess payable pursuant to a successful claim, such as a letter from the insurer.
The Tribunal requires objective evidence that the claim has been approved and the relevant excess payable.
In the absence of this evidence, I am not satisfied that the landlord is entitled to recover the insurance excess from the tenant in respect of the flooring claim.
Accordingly, the landlord’s claim for the insurance excess in respect of damage to flooring must be dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is substantially successful – see section 95A RTA.

Tenancy Tribunal case 5280322 — Property damage at 18 Bollard Avenue, New Windsor, Auckland 0600

At a glance

Tenancy Tribunal case 5280322 — Property damage at 18 Bollard Avenue, New Windsor, Auckland 0600

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