What was Tenancy Tribunal case 5284880 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 5284880?

Cleaning: $594.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $65.00 awarded to landlord; Rent Arrears: $18,773.29 awarded to landlord; Repainting Walls: $1,217.00 awarded to landlord; Replace Carpet: $499.50 awarded to landlord; Replace Fridge: $217.00 awarded to landlord; Replace Furnishings: Bed And Base: $365.00 awarded to landlord; Replace Tiles: $2,119.00 awarded to landlord; Rubbish Removal: $604.00 awarded to landlord

What type of tenancy dispute was case 5284880?

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

Where can I read the official tribunal order for case 5284880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12770044-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5284880 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 5284880?

Cleaning: $594.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $65.00 awarded to landlord; Rent Arrears: $18,773.29 awarded to landlord; Repainting Walls: $1,217.00 awarded to landlord; Replace Carpet: $499.50 awarded to landlord; Replace Fridge: $217.00 awarded to landlord; Replace Furnishings: Bed And Base: $365.00 awarded to landlord; Replace Tiles: $2,119.00 awarded to landlord; Rubbish Removal: $604.00 awarded to landlord

What type of tenancy dispute was case 5284880?

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

Where can I read the official tribunal order for case 5284880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12770044-Tribunal_Order_Redacted.pdf.

Unit/Flat 607, 43 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 5284880 — Rent arrears

Claims and awards in Tenancy Tribunal application 5284880 — net $24,480.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$18,773.29	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$594.00	Cleaning
Rubbish removal	$604.00	Rubbish removal
Light bulbs/batteries	$65.00	Light bulbs/batteries
Replace furnishings: Bed and base	$365.00	Replace furnishings: Bed and base
Repainting walls	$1,217.00	Repainting walls
Replace carpet	$499.50	Replace carpet
Replace tiles	$2,119.00	Replace tiles
Replace fridge	$217.00	Replace fridge
Net award	$24,480.79
Total payable by Tenant to Landlord	$24,480.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Simon peake must pay [The landlord/s] $24,480.79 immediately, being rent arrears to 21 February 2025, compensation, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$18,773.29 Filing fee reimbursement$27.00 Cleaning$594.00 Rubbish removal$604.00 Light bulbs/batteries$65.00 Replace furnishings: Bed and base$365.00 Repainting walls$1,217.00 Replace carpet$499.50 Replace tiles$2,119.00 Replace fridge$217.00 Total award$24,480.79 Total payable by Tenant to Landlord$24,480.79

Reasons

The landlord attended the hearing, the tenant did not attend.
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 21 February 2025. The landlord provided rent records which prove the amount of $18,773.29 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with an invoice from Landmark Group dated 17 March 2025 which sets out the cost for the cleaning was $594.00 and $604.00 for rubbish removal. The landlord also provided the Tribunal with an exit inspection report and photos which show the apartment was very dirty and rubbish was left throughout the property.
The landlord had to replace a light bulb and provided the invoice for $65.00 to replace and install the led light.
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.
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: -Fridge was cracked and broken. -Bed and base were broken. -The tiles throughout the apartment were heavily cracked and broken. -The carpet was heavily stained and torn. -The walls were heavily scratched and stained.
The landlord provided photos from the start of the tenancy which show that the damage has occurred during this tenancy. The fridge was cracked and not working and had to be replaced at a cost of $434.00. The mattress on the bed was heavily stained and the wooden base cracked and had to be replaced at the cost of $730.00 including delivery.
The tiles in the apartment were all smashed and broken and had to be replaced at the cost of $4238.00. The carpet was cleaned but the heavy staining could not come out. The carpet cleaner said the only way to get the carpet back to a reasonable standard was to replace it at the cost of $999.00. The walls were damaged and had to be repainted at a cost of $2434.00.
The landlord provided an invoice which showed the cost of the work that was carried out on the apartment.
The apartment owner sought to have the property returned to the condition it was in at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The apartment was built in 1999. The landlord was not aware of when the carpets and tiles were laid, nor when the property was last painted. However, the property was in a good condition at the start of the tenancy and clearly damaged during the tenancy.
I consider a 50% deduction for depreciation is reasonable.
For completeness, the follow is awarded for the repairs minus depreciation: -Fridge $217.00 -Tiles $2119.00 -Carpet $499.50 -Walls $1217.00 -Bed and base $ 365.00
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5284880 — net $24,480.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$18,773.29	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$594.00	Cleaning
Rubbish removal	$604.00	Rubbish removal
Light bulbs/batteries	$65.00	Light bulbs/batteries
Replace furnishings: Bed and base	$365.00	Replace furnishings: Bed and base
Repainting walls	$1,217.00	Repainting walls
Replace carpet	$499.50	Replace carpet
Replace tiles	$2,119.00	Replace tiles
Replace fridge	$217.00	Replace fridge
Net award	$24,480.79
Total payable by Tenant to Landlord	$24,480.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Simon peake must pay [The landlord/s] $24,480.79 immediately, being rent arrears to 21 February 2025, compensation, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$18,773.29 Filing fee reimbursement$27.00 Cleaning$594.00 Rubbish removal$604.00 Light bulbs/batteries$65.00 Replace furnishings: Bed and base$365.00 Repainting walls$1,217.00 Replace carpet$499.50 Replace tiles$2,119.00 Replace fridge$217.00 Total award$24,480.79 Total payable by Tenant to Landlord$24,480.79

Reasons

The landlord attended the hearing, the tenant did not attend.
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 21 February 2025. The landlord provided rent records which prove the amount of $18,773.29 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with an invoice from Landmark Group dated 17 March 2025 which sets out the cost for the cleaning was $594.00 and $604.00 for rubbish removal. The landlord also provided the Tribunal with an exit inspection report and photos which show the apartment was very dirty and rubbish was left throughout the property.
The landlord had to replace a light bulb and provided the invoice for $65.00 to replace and install the led light.
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.
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: -Fridge was cracked and broken. -Bed and base were broken. -The tiles throughout the apartment were heavily cracked and broken. -The carpet was heavily stained and torn. -The walls were heavily scratched and stained.
The landlord provided photos from the start of the tenancy which show that the damage has occurred during this tenancy. The fridge was cracked and not working and had to be replaced at a cost of $434.00. The mattress on the bed was heavily stained and the wooden base cracked and had to be replaced at the cost of $730.00 including delivery.
The tiles in the apartment were all smashed and broken and had to be replaced at the cost of $4238.00. The carpet was cleaned but the heavy staining could not come out. The carpet cleaner said the only way to get the carpet back to a reasonable standard was to replace it at the cost of $999.00. The walls were damaged and had to be repainted at a cost of $2434.00.
The landlord provided an invoice which showed the cost of the work that was carried out on the apartment.
The apartment owner sought to have the property returned to the condition it was in at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The apartment was built in 1999. The landlord was not aware of when the carpets and tiles were laid, nor when the property was last painted. However, the property was in a good condition at the start of the tenancy and clearly damaged during the tenancy.
I consider a 50% deduction for depreciation is reasonable.
For completeness, the follow is awarded for the repairs minus depreciation: -Fridge $217.00 -Tiles $2119.00 -Carpet $499.50 -Walls $1217.00 -Bed and base $ 365.00
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5284880 — Rent arrears at Unit/Flat 607, 43 Anzac Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 5284880 — Rent arrears at Unit/Flat 607, 43 Anzac Avenue, Auckland Central,

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