What was Tenancy Tribunal case 5283343 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 5283343?

Filing Fee: $27.00 awarded to landlord; Property Damage: $105.50 awarded to landlord; Property Damage: $950.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord

What type of tenancy dispute was case 5283343?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5283343?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12775391-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5283343 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 5283343?

Filing Fee: $27.00 awarded to landlord; Property Damage: $105.50 awarded to landlord; Property Damage: $950.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord

What type of tenancy dispute was case 5283343?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5283343?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12775391-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5283343 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5283343 — net $832.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$750.00	Rubbish removal
Lock/key replacement - materials	$105.50	Lock/key replacement - materials
Wardrobe repairs	$950.00	Wardrobe repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$832.50
Total payable by Tenant to Landlord	$832.50

Only the landlord attended the hearing, which was conducted by teleconference. All three phone calls to the tenant went to voicemail. As the tenant has been notified, the hearing proceeded.

This tenancy began on 25 November 2022 and came to an end on 31 May 2025, after the tenant notified the landlord. The landlord filed an application seeking a disposal of goods order (including an order for removal of the tenant’s car), rubbish removal, cleaning costs, and payment from the bond.

Since filing the application, the tenant has removed the car, and some items of furniture. The landlord states the tenant gave her permission to remove the rest of the goods left behind. Email correspondence has been provided in support.

In an earlier order, the Tribunal determined the landlord’s claims for the cost of rubbish removal ($750.00), change of locks/keys ($105.50) and wardrobe repairs. The filing fee was also awarded to the landlord.

The bond is to be released in full to the landlord.

The landlord’s claim for compensation for repairs to a wardrobe was awarded in part ($950.00). The reasons are set out below for completeness. Compensation for damage

The landlord seeks compensation for damage to a wardrobe. The application is amended to include this claim. General principles regarding responsibility for damage

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 of the 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord has established, with photographic, documentary, and oral evidence, that the wardrobe damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount claimed is $950.00, which is the labour cost, and is supported by an invoice. The landlord states that due to the extent of the damage, the wardrobe had to be rebuilt.

As a result, the landlord was awarded $950.00 for the cost of labour for the wardrobe repairs. Cost of materials for the wardrobe

As noted in the first order, the landlord also claimed the cost of materials for repairs to the wardrobe, but the relevant invoices were not provided. It was also unclear how much was being claimed for the materials, since one email noted $280.00 for materials, and another written statement recorded $624.25. The landlord was asked to clarify the cost of materials for the wardrobe repairs, and to provide evidence of these costs.

The landlord has since confirmed that $624.25 is being claimed for materials for the wardrobe, purchased from Bunnings. However, no supporting receipts or invoices have been provided to support the costs being claimed. Therefore, in the absence of the requested evidence, I am unable to award any additional costs for the wardrobe repairs. Filing fee

Because the landlord has substantially succeeded with the application, I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5283343 — net $832.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$750.00	Rubbish removal
Lock/key replacement - materials	$105.50	Lock/key replacement - materials
Wardrobe repairs	$950.00	Wardrobe repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$832.50
Total payable by Tenant to Landlord	$832.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.

The Bond Centre is to pay the bond of () to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

Only the landlord attended the hearing, which was conducted by teleconference. All three phone calls to the tenant went to voicemail. As the tenant has been notified, the hearing proceeded.
This tenancy began on 25 November 2022 and came to an end on 31 May 2025, after the tenant notified the landlord. The landlord filed an application seeking a disposal of goods order (including an order for removal of the tenant’s car), rubbish removal, cleaning costs, and payment from the bond.
Since filing the application, the tenant has removed the car, and some items of furniture. The landlord states the tenant gave her permission to remove the rest of the goods left behind. Email correspondence has been provided in support.
In an earlier order, the Tribunal determined the landlord’s claims for the cost of rubbish removal ($750.00), change of locks/keys ($105.50) and wardrobe repairs. The filing fee was also awarded to the landlord.
The bond is to be released in full to the landlord.
The landlord’s claim for compensation for repairs to a wardrobe was awarded in part ($950.00). The reasons are set out below for completeness. Compensation for damage
The landlord seeks compensation for damage to a wardrobe. The application is amended to include this claim. General principles regarding responsibility for damage
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 of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord has established, with photographic, documentary, and oral evidence, that the wardrobe damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount claimed is $950.00, which is the labour cost, and is supported by an invoice. The landlord states that due to the extent of the damage, the wardrobe had to be rebuilt.
As a result, the landlord was awarded $950.00 for the cost of labour for the wardrobe repairs. Cost of materials for the wardrobe
As noted in the first order, the landlord also claimed the cost of materials for repairs to the wardrobe, but the relevant invoices were not provided. It was also unclear how much was being claimed for the materials, since one email noted $280.00 for materials, and another written statement recorded $624.25. The landlord was asked to clarify the cost of materials for the wardrobe repairs, and to provide evidence of these costs.
The landlord has since confirmed that $624.25 is being claimed for materials for the wardrobe, purchased from Bunnings. However, no supporting receipts or invoices have been provided to support the costs being claimed. Therefore, in the absence of the requested evidence, I am unable to award any additional costs for the wardrobe repairs. Filing fee
Because the landlord has substantially succeeded with the application, I have reimbursed the filing fee.

Tenancy Tribunal case 5283343 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5283343 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions