How much money was awarded in case 5286800?

Cleaning: $200.00 awarded to landlord; Cleaning: $800.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Previous Order Application 5206011 D…: $5,827.00 awarded to landlord; Property Damage: $446.00 awarded to landlord; Property Damage: $86.25 awarded to landlord; Bedrooms: $400.00 awarded to landlord; Electrical: $244.95 awarded to landlord; Hallway: $800.00 awarded to landlord; Laundry: $200.00 awarded to landlord; Three Doors: $400.00 awarded to landlord; Rubbish Removal: $2,079.50 awarded to landlord

What type of tenancy dispute was case 5286800?

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

Where can I read the official tribunal order for case 5286800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12272297-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5286800?

Cleaning: $200.00 awarded to landlord; Cleaning: $800.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Previous Order Application 5206011 D…: $5,827.00 awarded to landlord; Property Damage: $446.00 awarded to landlord; Property Damage: $86.25 awarded to landlord; Bedrooms: $400.00 awarded to landlord; Electrical: $244.95 awarded to landlord; Hallway: $800.00 awarded to landlord; Laundry: $200.00 awarded to landlord; Three Doors: $400.00 awarded to landlord; Rubbish Removal: $2,079.50 awarded to landlord

What type of tenancy dispute was case 5286800?

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

Where can I read the official tribunal order for case 5286800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12272297-Tribunal_Order_Redacted.pdf.

34A Toi Street, Tawhero, Whanganui 4501 Tenancy Tribunal Case 5286800 — Property damage

Q: What was Tenancy Tribunal case 5286800 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5286800 — net $11,872.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5206011 dated 19/05/2025	$5,827.00	Previous order application 5206011 dated 19/05/2025
Lock/key replacement	$446.00	Lock/key replacement
Rubbish removal	$2,079.50	Rubbish removal
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$800.00	Cleaning
Lawns and Garden work	$155.25	Lawns and Garden work
Window repairs	$86.25	Window repairs
Repairs: electrical	$244.95	Repairs: electrical
Cleaning: oven	$207.00	Cleaning: oven
Repairs: laundry	$200.00	Repairs: laundry
Repairs: hallway	$800.00	Repairs: hallway
Repairs: bedrooms	$400.00	Repairs: bedrooms
Repairs: three doors	$400.00	Repairs: three doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,872.95
Total payable by Tenant to Landlord	$11,872.95

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

Caitlyn Crawford must pay [The landlord/s] $11,872.95 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 5206011 dated 19/05/2025 $5,827.00 Lock/key replacement$446.00 Rubbish removal$2,079.50 Carpet Cleaning$200.00 Cleaning$800.00 Lawns and Garden work$155.25 Window repairs$86.25 Repairs: electrical$244.95 Cleaning: oven$207.00 Repairs: laundry$200.00 Repairs: hallway$800.00 Repairs: bedrooms$400.00 Repairs: three doors$400.00 Filing fee reimbursement$27.00 Total award$11,872.95 Total payable by Tenant to Landlord$11,872.95

Reasons

Both parties attended the hearing, the tenant appearing by telephone and the landlord in person.

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, 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 must also replace standard light bulbs.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace light bulbs.

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: a. A dent in the wall underneath the window in the kitchen. b. Numerous holes in the hallway. c. Drawing and marks on the walls in the laundry. d. There was a hole in a bedroom wall. e. There was scribble and decals on bedroom walls. f. Three bedroom doors had been damaged with punch and kick holes.

The damage is more than fair wear and tear, and the tenant accepted liability for the damage. She gave evidence that each item of damage was caused in a separate incident. The amount of each repair is less than the landlord’s excess of $750.00 for each individual item of damage. It therefore is not significant whether the damage was careless or intentional.

The amounts ordered are proved and the sums awarded take 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.

The landlord claimed for the cost of replacing curtains and net curtains which it claimed were damaged by the tenant’s failure to keep them clean and free of mould. The landlord was unable to advise the age of the curtains or provide an itemised quotation for their replacement. The tenant denied liability for their replacement.

The Tribunal is not persuaded on the balance of probabilities on the evidence before it that the tenant is responsible for the cost of replacing the curtains and net curtains. The curtains have a limited life and they appear to have been at the end of it and so had no value. The landlord’s claim is dismissed.

The tenant accepted responsibility for the cost of cleaning the oven and stove. She did not accept liability for the repairs required which included the repair/replacement of plugs and switches, the simmerstat and the upstands.

The landlord believed the tenant was responsible because its records show that none of these matters were raised as maintenance items during the tenancy and the repairs were required because the tenant failed to keep the oven clean and was careless in its routine maintenance.

The tenant advised that she complained about the required repairs throughout the tenancy but did not produce any evidence such as emails or texts to the landlord. She also denied that the oven required all the listed repairs.

The oven was new at the start of the tenancy. It is difficult to accept that a new oven could accumulate so many issues or that a tenant would not have a record of complaints when clearly the oven had significant deficiencies. Nor does the Tribunal accept that the landlord would pay for repairs that were not required. For these reasons, the Tribunal is persuaded that the repairs were required and that this was because of the tenant’s carelessness.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5286800 — net $11,872.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5206011 dated 19/05/2025	$5,827.00	Previous order application 5206011 dated 19/05/2025
Lock/key replacement	$446.00	Lock/key replacement
Rubbish removal	$2,079.50	Rubbish removal
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$800.00	Cleaning
Lawns and Garden work	$155.25	Lawns and Garden work
Window repairs	$86.25	Window repairs
Repairs: electrical	$244.95	Repairs: electrical
Cleaning: oven	$207.00	Cleaning: oven
Repairs: laundry	$200.00	Repairs: laundry
Repairs: hallway	$800.00	Repairs: hallway
Repairs: bedrooms	$400.00	Repairs: bedrooms
Repairs: three doors	$400.00	Repairs: three doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,872.95
Total payable by Tenant to Landlord	$11,872.95

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

Reasons

Both parties attended the hearing, the tenant appearing by telephone and the landlord in person.

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?

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace light bulbs.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5286800 — Property damage at 34A Toi Street, Tawhero, Whanganui 4501

At a glance

Tenancy Tribunal case 5286800 — Property damage at 34A Toi Street, Tawhero, Whanganui 4501

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