What was Tenancy Tribunal case 5293979 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Dynamic Limited As Agent For S. Burring

How much money was awarded in case 5293979?

Cleaning: $600.01 awarded to landlord; Electrician: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Light Fittings: $106.20 awarded to landlord; Previous Order Application 5293979: $6,906.77 awarded to landlord; Property Damage: $2,650.00 awarded to landlord; Property Damage: $293.25 awarded to landlord; Property Damage: $359.15 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Smoke Alarms: $8.90 awarded to landlord; Unblocked Drain: $402.50 awarded to landlord

What type of tenancy dispute was case 5293979?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5293979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12550000-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5293979 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Dynamic Limited As Agent For S. Burring

How much money was awarded in case 5293979?

Cleaning: $600.01 awarded to landlord; Electrician: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Light Fittings: $106.20 awarded to landlord; Previous Order Application 5293979: $6,906.77 awarded to landlord; Property Damage: $2,650.00 awarded to landlord; Property Damage: $293.25 awarded to landlord; Property Damage: $359.15 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Smoke Alarms: $8.90 awarded to landlord; Unblocked Drain: $402.50 awarded to landlord

What type of tenancy dispute was case 5293979?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5293979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12550000-Tribunal_Order.pdf.

19 Peara Lane, Karaka, Papakura 2113 Tenancy Tribunal Case 5293979 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5293979 — net $14,126.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5293979	$6,906.77	Previous order application 5293979
Unblocked drain	$402.50	Unblocked drain
Cleaning, Including carpets	$600.01	Cleaning, Including carpets
Rubbish removal	$100.00	Rubbish removal
Repairs	$2,650.00	Repairs
Light fittings	$106.20	Light fittings
Electrician	$172.50	Electrician
Repairs to the blinds	$293.25	Repairs to the blinds
Lock/key replacement	$359.15	Lock/key replacement
Replace smoke alarms	$8.90	Replace smoke alarms
Insurance excess for flooring	$1,250.00	Insurance excess for flooring
Insurance excess for carpet in 2 bedrooms	$1,250.00	Insurance excess for carpet in 2 bedrooms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,126.28
Total payable by Tenant to Landlord	$14,126.28

The tenant failed to make herself available for the hearing.

This tenancy was a fixed term tenancy for one year and the landlord did not seek to extend the tenancy beyond the one year. The property was brand new at the commencement of the tenancy.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The rent and water arrears and refund of the bond was dealt with on the 22 August 2025. The case comes back before me today to deal with the clean-up costs.

It is noted that the tenant ceased rent payments when notice was given that there would not be an extension of the lease. The landlord seeks this as an aggravating circumstance. There is an application for two weeks rent due to the repairs and clean up taking two weeks. However, the property remains vacant and therefore I do accept that the property could have been tenanted but for the repairs and this part of the claim is dismissed.

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 tenant did not return the keys.

The following chattels were missing at the end of the tenancy: [list]. The landlord had to replace light bulbs and smoke alarm batteries.

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:

A number of smaller repairs were carried out contained in the invoice that totalled $2,650.00. This included wall repairs where the tenant has attempted to fix damage, toilet role holder, door stops, fire alarms, removal of substance from the carpet, handles on a number of windows and doors.

There was also damage to a light fitting and damage to the bottom of a number of the blinds.

Flooring was damaged but covered by the insurance and therefore one excess claim is in relation to that damage and another insurance excess was required for the damage to the carpet in two of the bedrooms.

As stated, this property was new when the tenants took occupation and the tenancy was only for one year.

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.

On 22 August 2025 the Tribunal made an order relating to this tenancy, for rent arrears and water rates arrears up to the 20 August 2025 when the tenant vacated the property. The previous order is incorporated into this order for enforcement purposes.

Because Dynamic Limited As Agent For S. Burring has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5293979 — net $14,126.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5293979	$6,906.77	Previous order application 5293979
Unblocked drain	$402.50	Unblocked drain
Cleaning, Including carpets	$600.01	Cleaning, Including carpets
Rubbish removal	$100.00	Rubbish removal
Repairs	$2,650.00	Repairs
Light fittings	$106.20	Light fittings
Electrician	$172.50	Electrician
Repairs to the blinds	$293.25	Repairs to the blinds
Lock/key replacement	$359.15	Lock/key replacement
Replace smoke alarms	$8.90	Replace smoke alarms
Insurance excess for flooring	$1,250.00	Insurance excess for flooring
Insurance excess for carpet in 2 bedrooms	$1,250.00	Insurance excess for carpet in 2 bedrooms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,126.28
Total payable by Tenant to Landlord	$14,126.28

Order

[The tenant/s] tenant/s] must pay Dynamic Limited As Agent For S. Burring $14,126.28 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 August 2025 under application number 5293979.

Reasons

The tenant failed to make herself available for the hearing.
This tenancy was a fixed term tenancy for one year and the landlord did not seek to extend the tenancy beyond the one year. The property was brand new at the commencement of the tenancy.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The rent and water arrears and refund of the bond was dealt with on the 22 August 2025. The case comes back before me today to deal with the clean-up costs.
It is noted that the tenant ceased rent payments when notice was given that there would not be an extension of the lease. The landlord seeks this as an aggravating circumstance. There is an application for two weeks rent due to the repairs and clean up taking two weeks. However, the property remains vacant and therefore I do accept that the property could have been tenanted but for the repairs and this part of the claim is dismissed.

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 tenant did not return the keys.
The following chattels were missing at the end of the tenancy: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
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:
A number of smaller repairs were carried out contained in the invoice that totalled $2,650.00. This included wall repairs where the tenant has attempted to fix damage, toilet role holder, door stops, fire alarms, removal of substance from the carpet, handles on a number of windows and doors.
There was also damage to a light fitting and damage to the bottom of a number of the blinds.
Flooring was damaged but covered by the insurance and therefore one excess claim is in relation to that damage and another insurance excess was required for the damage to the carpet in two of the bedrooms.
As stated, this property was new when the tenants took occupation and the tenancy was only for one year.
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.
On 22 August 2025 the Tribunal made an order relating to this tenancy, for rent arrears and water rates arrears up to the 20 August 2025 when the tenant vacated the property. The previous order is incorporated into this order for enforcement purposes.
Because Dynamic Limited As Agent For S. Burring has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5293979 — Property damage at 19 Peara Lane, Karaka, Papakura 2113

At a glance

Tenancy Tribunal case 5293979 — Property damage at 19 Peara Lane, Karaka, Papakura 2113

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.