How much money was awarded in case 5291080?

Basement Workbench: $200.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $890.00 awarded to landlord; Lightbulbs: $100.97 awarded to landlord; Property Damage: $1,700.00 awarded to landlord; Property Damage: $502.64 awarded to landlord; Rent Arrears: $6,240.00 awarded to landlord; Doors & Walls & Repainting: $2,400.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Specialist Removal Required For Wast…: $601.57 awarded to landlord; Water Filter Contribution - New Filt…: $300.00 awarded to landlord

What type of tenancy dispute was case 5291080?

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

Where can I read the official tribunal order for case 5291080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13023475-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5291080?

Basement Workbench: $200.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $890.00 awarded to landlord; Lightbulbs: $100.97 awarded to landlord; Property Damage: $1,700.00 awarded to landlord; Property Damage: $502.64 awarded to landlord; Rent Arrears: $6,240.00 awarded to landlord; Doors & Walls & Repainting: $2,400.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Specialist Removal Required For Wast…: $601.57 awarded to landlord; Water Filter Contribution - New Filt…: $300.00 awarded to landlord

What type of tenancy dispute was case 5291080?

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

Where can I read the official tribunal order for case 5291080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13023475-Tribunal_Order_Redacted.pdf.

1118 Whangaparaoa Road, Tindalls Beach, Whangaparaoa Tenancy Tribunal Case 5291080 — Rent arrears

Q: What was Tenancy Tribunal case 5291080 about?

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

Order

Claims and awards in Tenancy Tribunal application 5291080 — net $10,962.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination	$6,240.00	Rent arrears to termination
Carpet replacement	$1,700.00	Carpet replacement
Repairs: Doors & walls & repainting	$2,400.00	Repairs: Doors & walls & repainting
Lock/key replacement	$502.64	Lock/key replacement
Specialist removal required for waste oil	$601.57	Specialist removal required for waste oil
Lawns & garden work & other rubbish removal	$890.00	Lawns & garden work & other rubbish removal
Broken toilet seat repairs & light bulb replacements	$100.97	Broken toilet seat repairs & light bulb replacements
Rubbish removal: other rubbish removal	$150.00	Rubbish removal: other rubbish removal
Basement workbench	$200.00	Basement workbench
Cleaning: by owner	$250.00	Cleaning: by owner
Water filter contribution - new filter cost	$300.00	Water filter contribution - new filter cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,962.18
Total payable by Tenant to Landlord	$10,962.18

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ names and identifying details. 2. DescriptionLandlords Rent arrears to termination$6,240.00 Carpet replacement $1,700.00 Repairs: Doors & walls & repainting. $2,400.00 Lock/key replacement$502.64 Specialist removal required for waste oil$601.57 Lawns & garden work & other rubbish removal$890.00 Broken toilet seat repairs & light bulb replacements$100.97 Rubbish removal: other rubbish removal $150.00 Basement workbench$200.00 Cleaning: by owner$250.00 Water filter contribution - new filter cost $750.00$300.00 Filing fee reimbursement$27.00 Exemplary damages$0.00 Total award$13,362.18 Bond$2,400.00 Total payable by Tenant to Landlords$10,962.18

Reasons

Both parties attended the hearing.

The landlords have applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 June 2025. The landlords provided rent records which prove the amount owing at the end of the tenancy was $6,240.00.

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. There was a considerable amount of rubbish left at the property. The tenant is fortunate that the landlords found someone to remove the rubbish for such a cheap price.

The grounds look like they had not been attended to for months.

There was oil which required a specialist to remove.

The owners carried out cleaning for 10 hours (they say more but only claim) and have been awarded $250.00 for that work. This is considerably less than if commercial cleaners had been used.

There was lock work required after the tenancy ended.

The tenant did not leave the landlords’ workbench at the property.

A water filter part that cost $750.00 was missing and the landlords now have to replace the whole item, which has not yet been done. The Tribunal accepts that the part’s cost should at least be reimbursed.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlords 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.

There was considerable damage to the doors and many small holes in the walls. In total the repair and painting cost, including some exterior work (which is usually a landlords’ responsibility), was $9,894.48. The damage was not covered by insurance.

The tenancy was for about seven years. Some damage would be considered to be fair wear and tear over that time.

In determining compensation for damage the Tribunal must take into account betterment and depreciation. The landlords 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 premises was about three years old when the tenancy began. It is usual for a landlord to have to redecorate a tenancy premises after ten years of occupation. I have therefore assessed the claim and awarded $2,400.00 to cover the repair of damage and painting.

The carpets were so severely damaged that they had to be replaced. That cost the landlords $7,400.00. The damage was not covered by insurance. Carpets in a tenancy are given a life of 8 to 14 years. I have assessed that the carpets life to be thirteen years and had 3 years remaining life. Therefore the landlords are entitled to compensation of approximately 3/13ths of $7,400.00 which is $1.700.00

The amounts ordered are proved. Exemplary damages

In the landlords’ application there is a claim for exemplary damages. The landlords have claimed exemplary damages for the following: • Widespread animal urine stains on the carpets throughout the house • Numerous holes in the walls and doors (as described by a professional painter: "there are 5,000 holes") • Damage to the toilet • 18 missing light bulbs, leaving half the house without proper lighting • Severely overgrown grass in the garden • Accumulation of rubbish, including a 205L drum of waste oil with a rusted open top, a rotten wooden boat, metal poles, and various tins and debris in the garden/outdoor Also the benchtop in the basement and the water tank filter opener are no longer there. These items are part of the property and should remain on- site.

Exemplary damages are ordered only where the RTA defines a breach of the RTA to be unlawful. I appreciate that the damaged caused to the property has been distressing for the landlords; however, the items listed in the application are not defined as unlawful acts in the RTA. Therefore, there is no jurisdiction for the Tribunal to order exemplary damages for the items listed.

I have considered all matters raised in the landlords’ application and am satisfied that there are no grounds for ordering exemplary damages for the tenant’s breaches. This is not to trivialise, minimise or dismiss the obvious emotional, financial and practical toll that the landlords have had to deal with Filing fee

Because the landlords have been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression

The landlords have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.

The landlords have substantially succeeded with the claim and therefore name suppression is granted.

Claims and awards in Tenancy Tribunal application 5291080 — net $10,962.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination	$6,240.00	Rent arrears to termination
Carpet replacement	$1,700.00	Carpet replacement
Repairs: Doors & walls & repainting	$2,400.00	Repairs: Doors & walls & repainting
Lock/key replacement	$502.64	Lock/key replacement
Specialist removal required for waste oil	$601.57	Specialist removal required for waste oil
Lawns & garden work & other rubbish removal	$890.00	Lawns & garden work & other rubbish removal
Broken toilet seat repairs & light bulb replacements	$100.97	Broken toilet seat repairs & light bulb replacements
Rubbish removal: other rubbish removal	$150.00	Rubbish removal: other rubbish removal
Basement workbench	$200.00	Basement workbench
Cleaning: by owner	$250.00	Cleaning: by owner
Water filter contribution - new filter cost	$300.00	Water filter contribution - new filter cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,962.18
Total payable by Tenant to Landlord	$10,962.18

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ names and identifying details. 2. DescriptionLandlords Rent arrears to termination$6,240.00 Carpet replacement $1,700.00 Repairs: Doors & walls & repainting. $2,400.00 Lock/key replacement$502.64 Specialist removal required for waste oil$601.57 Lawns & garden work & other rubbish removal$890.00 Broken toilet seat repairs & light bulb replacements$100.97 Rubbish removal: other rubbish removal $150.00 Basement workbench$200.00 Cleaning: by owner$250.00 Water filter contribution - new filter cost $750.00$300.00 Filing fee reimbursement$27.00 Exemplary damages$0.00 Total award$13,362.18 Bond$2,400.00 Total payable by Tenant to Landlords$10,962.18

Reasons

Both parties attended the hearing.
The landlords have applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 June 2025. The landlords provided rent records which prove the amount owing at the end of the tenancy was $6,240.00.

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. There was a considerable amount of rubbish left at the property. The tenant is fortunate that the landlords found someone to remove the rubbish for such a cheap price.
The grounds look like they had not been attended to for months.
There was oil which required a specialist to remove.
The owners carried out cleaning for 10 hours (they say more but only claim) and have been awarded $250.00 for that work. This is considerably less than if commercial cleaners had been used.
There was lock work required after the tenancy ended.
The tenant did not leave the landlords’ workbench at the property.
A water filter part that cost $750.00 was missing and the landlords now have to replace the whole item, which has not yet been done. The Tribunal accepts that the part’s cost should at least be reimbursed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlords 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.
There was considerable damage to the doors and many small holes in the walls. In total the repair and painting cost, including some exterior work (which is usually a landlords’ responsibility), was $9,894.48. The damage was not covered by insurance.
The tenancy was for about seven years. Some damage would be considered to be fair wear and tear over that time.
In determining compensation for damage the Tribunal must take into account betterment and depreciation. The landlords 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 premises was about three years old when the tenancy began. It is usual for a landlord to have to redecorate a tenancy premises after ten years of occupation. I have therefore assessed the claim and awarded $2,400.00 to cover the repair of damage and painting.
The carpets were so severely damaged that they had to be replaced. That cost the landlords $7,400.00. The damage was not covered by insurance. Carpets in a tenancy are given a life of 8 to 14 years. I have assessed that the carpets life to be thirteen years and had 3 years remaining life. Therefore the landlords are entitled to compensation of approximately 3/13ths of $7,400.00 which is $1.700.00
The amounts ordered are proved. Exemplary damages
In the landlords’ application there is a claim for exemplary damages. The landlords have claimed exemplary damages for the following: • Widespread animal urine stains on the carpets throughout the house • Numerous holes in the walls and doors (as described by a professional painter: "there are 5,000 holes") • Damage to the toilet • 18 missing light bulbs, leaving half the house without proper lighting • Severely overgrown grass in the garden • Accumulation of rubbish, including a 205L drum of waste oil with a rusted open top, a rotten wooden boat, metal poles, and various tins and debris in the garden/outdoor Also the benchtop in the basement and the water tank filter opener are no longer there. These items are part of the property and should remain on- site.
Exemplary damages are ordered only where the RTA defines a breach of the RTA to be unlawful. I appreciate that the damaged caused to the property has been distressing for the landlords; however, the items listed in the application are not defined as unlawful acts in the RTA. Therefore, there is no jurisdiction for the Tribunal to order exemplary damages for the items listed.
I have considered all matters raised in the landlords’ application and am satisfied that there are no grounds for ordering exemplary damages for the tenant’s breaches. This is not to trivialise, minimise or dismiss the obvious emotional, financial and practical toll that the landlords have had to deal with Filing fee
Because the landlords have been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression
The landlords have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.
The landlords have substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5291080 — Rent arrears at 1118 Whangaparaoa Road, Tindalls Beach, Whangaparaoa

At a glance

Tenancy Tribunal case 5291080 — Rent arrears at 1118 Whangaparaoa Road, Tindalls Beach, Whangaparaoa

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