What was Tenancy Tribunal case 5289820 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 5289820?

Cleaning: $2,300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $274.00 awarded to landlord; Rent Arrears: $2,957.14 awarded to landlord; Doors, Walls, 2 X Windows (Excess: $1,000.00 awarded to landlord; Fence (50% Excess: $500.00 awarded to landlord; Rubbish Removal: $3,070.78 awarded to landlord; Water Rates: $1,551.22 awarded to landlord

What type of tenancy dispute was case 5289820?

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

Where can I read the official tribunal order for case 5289820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12524245-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5289820 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 5289820?

Cleaning: $2,300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $274.00 awarded to landlord; Rent Arrears: $2,957.14 awarded to landlord; Doors, Walls, 2 X Windows (Excess: $1,000.00 awarded to landlord; Fence (50% Excess: $500.00 awarded to landlord; Rubbish Removal: $3,070.78 awarded to landlord; Water Rates: $1,551.22 awarded to landlord

What type of tenancy dispute was case 5289820?

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

Where can I read the official tribunal order for case 5289820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12524245-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5289820 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5289820 — net $11,680.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/03/2025	$2,957.14	Rent arrears to 19/03/2025
Water rates	$1,551.22	Water rates
Lock/key replacement	$274.00	Lock/key replacement
Cleaning: and labour to remove interior rubbish	$2,300.00	Cleaning: and labour to remove interior rubbish
Rubbish removal: skip bin and 4 dump loads	$3,070.78	Rubbish removal: skip bin and 4 dump loads
Repairs: fence (50% excess	$500.00	Repairs: fence (50% excess
Repairs: doors, walls, 2 x windows (excess	$1,000.00	Repairs: doors, walls, 2 x windows (excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,680.14
Total payable by Tenant to Landlord	$11,680.14

Both parties attended the hearing (the landlord by its representatives).

The landlord has applied for rent arrears and compensation following the end of the tenancy.

The tenancy ended on 19 March 2025.

The tenancy started in January 2023. The exact date is unclear because the landlord changed part way through the tenancy after the property was sold to the current owner and the start date on the tenancy agreement is incorrect.

The tenant explained that she was unwell through the period leading up to the end of the tenancy and not able to manage the moving out process herself. Her attendance at the hearing today was helpful.

The landlord does not have rent records for the period before ownership changed. It has been confirmed by the Bond Centre that the bond of $2,960.00 was refunded to the previous owner at the time that ownership changed although the tenant cannot now remember why.

The landlord supplied rent records and water rates invoices from 11 March 2024 (which is when the current landlord took over) which show rent of $2,957.14 and water rates of $1,551.22 owing to the end date.

These amounts are awarded, however, as the tenant had not seen a rent summary until the hearing, if she finds that any of her payments have not been recorded, she can forward evidence of this to the landlord and ask them to credit the account. She also has the right to apply for a rehearing (see the back page of this order). End of tenancy costs

A 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 landlord’s photos prove the premises were not left reasonably clean and tidy, and that unwanted goods and rubbish were left behind. Unfortunately, there was a communication breakdown, and the tenant’s keys were not returned so the locks had to be rekeyed.

The amount claimed for cleaning and rubbish removal includes a skip bin, the dumping of four trailer loads of rubbish, and labour. The work required was extensive as items needed to be collected from inside the house and in a garage and pool shed. Some were bulky which adds to dump costs (couches, desk, bed frame and mattresses). Cleaning then had to be done and included children’s scribbles on walls in some places.

Invoices were supplied for all costs, and I award these claims as justified for the work required. Damage claims

The landlord claims compensation for the cost to repair damage at 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 proven, 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 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 following damage was caused during the tenancy: a. Several palings were missing from one boundary fence and some rails were broken. b. Five internal doors had holes in them. Three were replaced and two repaired. c. Some walls needed repainting because the children’s scribble could not be fully removed. d. Two windows were cracked in one bedroom and the tenant accepts liability.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I accept the tenant’s evidence that the ranchslider glass was cracked when the tenancy started and worsened over time and the garage window broke in a storm. She also reports that although she dented the dishwasher, it had stopped working by then. I find she is not liable for these items.

The landlord does have insurance for the damage and has paid an excess of $2,000.00. I award $500.00 for the fence excess. I discount this because the fence appears to be at least halfway through its life so it is to be expected that some of the palings may have had to be replaced soon anyway.

I award $1,000.00 for the interior damage as the invoice for the cost to repair doors, walls and two windows adds up to more than this. Filing fee and suppression of name

The landlord has substantially succeeded with the claims so is awarded the filing fee.

Suppression of its name is also granted on this basis.

The parties discussed repayment options in order to avoid additional costs and delay.

Claims and awards in Tenancy Tribunal application 5289820 — net $11,680.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/03/2025	$2,957.14	Rent arrears to 19/03/2025
Water rates	$1,551.22	Water rates
Lock/key replacement	$274.00	Lock/key replacement
Cleaning: and labour to remove interior rubbish	$2,300.00	Cleaning: and labour to remove interior rubbish
Rubbish removal: skip bin and 4 dump loads	$3,070.78	Rubbish removal: skip bin and 4 dump loads
Repairs: fence (50% excess	$500.00	Repairs: fence (50% excess
Repairs: doors, walls, 2 x windows (excess	$1,000.00	Repairs: doors, walls, 2 x windows (excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,680.14
Total payable by Tenant to Landlord	$11,680.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Janine West must pay [The landlord/s] $11,680.14 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing (the landlord by its representatives).
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The tenancy ended on 19 March 2025.
The tenancy started in January 2023. The exact date is unclear because the landlord changed part way through the tenancy after the property was sold to the current owner and the start date on the tenancy agreement is incorrect.
The tenant explained that she was unwell through the period leading up to the end of the tenancy and not able to manage the moving out process herself. Her attendance at the hearing today was helpful.
The landlord does not have rent records for the period before ownership changed. It has been confirmed by the Bond Centre that the bond of $2,960.00 was refunded to the previous owner at the time that ownership changed although the tenant cannot now remember why.
The landlord supplied rent records and water rates invoices from 11 March 2024 (which is when the current landlord took over) which show rent of $2,957.14 and water rates of $1,551.22 owing to the end date.
These amounts are awarded, however, as the tenant had not seen a rent summary until the hearing, if she finds that any of her payments have not been recorded, she can forward evidence of this to the landlord and ask them to credit the account. She also has the right to apply for a rehearing (see the back page of this order). End of tenancy costs
A 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 landlord’s photos prove the premises were not left reasonably clean and tidy, and that unwanted goods and rubbish were left behind. Unfortunately, there was a communication breakdown, and the tenant’s keys were not returned so the locks had to be rekeyed.
The amount claimed for cleaning and rubbish removal includes a skip bin, the dumping of four trailer loads of rubbish, and labour. The work required was extensive as items needed to be collected from inside the house and in a garage and pool shed. Some were bulky which adds to dump costs (couches, desk, bed frame and mattresses). Cleaning then had to be done and included children’s scribbles on walls in some places.
Invoices were supplied for all costs, and I award these claims as justified for the work required. Damage claims
The landlord claims compensation for the cost to repair damage at 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 proven, 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 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 following damage was caused during the tenancy: a. Several palings were missing from one boundary fence and some rails were broken. b. Five internal doors had holes in them. Three were replaced and two repaired. c. Some walls needed repainting because the children’s scribble could not be fully removed. d. Two windows were cracked in one bedroom and the tenant accepts liability.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I accept the tenant’s evidence that the ranchslider glass was cracked when the tenancy started and worsened over time and the garage window broke in a storm. She also reports that although she dented the dishwasher, it had stopped working by then. I find she is not liable for these items.
The landlord does have insurance for the damage and has paid an excess of $2,000.00. I award $500.00 for the fence excess. I discount this because the fence appears to be at least halfway through its life so it is to be expected that some of the palings may have had to be replaced soon anyway.
I award $1,000.00 for the interior damage as the invoice for the cost to repair doors, walls and two windows adds up to more than this. Filing fee and suppression of name
The landlord has substantially succeeded with the claims so is awarded the filing fee.
Suppression of its name is also granted on this basis.
The parties discussed repayment options in order to avoid additional costs and delay.

Tenancy Tribunal case 5289820 — Rent arrears

At a glance

Tenancy Tribunal case 5289820 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions