What was Tenancy Tribunal case 5298599 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 5298599?

Cleaning: $295.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $258.70 awarded to landlord; Rent Arrears: $2,025.00 awarded to landlord

What type of tenancy dispute was case 5298599?

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

Where can I read the official tribunal order for case 5298599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12410627-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5298599 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 5298599?

Cleaning: $295.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $258.70 awarded to landlord; Rent Arrears: $2,025.00 awarded to landlord

What type of tenancy dispute was case 5298599?

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

Where can I read the official tribunal order for case 5298599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12410627-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5298599 — Rent arrears

Claims and awards in Tenancy Tribunal application 5298599 — net $606.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2025	$2,025.00	Rent arrears to 3 July 2025
Carpet Cleaning	$295.00	Carpet Cleaning
Window repairs	$258.70	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$606.70
Total payable by Tenant to Landlord	$606.70

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $606.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 3 July 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owing was undisputed. TENANT’S OBLIGATIONS
At the end of the tenancy the tenant must leave the premises (including the land provided with the premises) reasonably clean and tidy. 1
The tenant did not leave the premises reasonably clean and tidy. Carpet cleaning was required. 1 See section 40 (1)(e) (iii) of the RTA.
The landlord provided a post tenancy inspection report with photographs and an invoice in support of the claim.
The tenant acknowledged some carpet cleaning was required.
The amount ordered for carpet cleaning is made by consent. TENANT’S RESPONSIBILITY FOR DAMAGE
When considering a claim in respect of damage to the premises the following principles apply: a. A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. b. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. c. Tenants are liable for the actions of people at the premises with their permission. 3 d. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4 e. 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). 5 f. 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7 g. 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. 8 h. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. where a person does something, or allows a situation to continue, knowing that damage is a certainty. 9 i. In assessing a claim for compensation, I must 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. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

The following damage was caused during the tenancy: a. Windows were broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved with post tenancy photographs, an invoice and is made by consent of the tenant.

BOND

The bond is to be paid to the landlord immediately to offset the amount ordered.

FILING FEE

As the landlord is successful with the claim, I have reimbursed the filing fee. 10

SUPPRESSION

As this order is made by consent, I am suppressing the names of both parties. 11

Claims and awards in Tenancy Tribunal application 5298599 — net $606.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2025	$2,025.00	Rent arrears to 3 July 2025
Carpet Cleaning	$295.00	Carpet Cleaning
Window repairs	$258.70	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$606.70
Total payable by Tenant to Landlord	$606.70

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $606.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 3 July 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owing was undisputed. TENANT’S OBLIGATIONS
At the end of the tenancy the tenant must leave the premises (including the land provided with the premises) reasonably clean and tidy. 1
The tenant did not leave the premises reasonably clean and tidy. Carpet cleaning was required. 1 See section 40 (1)(e) (iii) of the RTA.
The landlord provided a post tenancy inspection report with photographs and an invoice in support of the claim.
The tenant acknowledged some carpet cleaning was required.
The amount ordered for carpet cleaning is made by consent. TENANT’S RESPONSIBILITY FOR DAMAGE
When considering a claim in respect of damage to the premises the following principles apply: a. A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. b. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. c. Tenants are liable for the actions of people at the premises with their permission. 3 d. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4 e. 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). 5 f. 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7 g. 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. 8 h. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. where a person does something, or allows a situation to continue, knowing that damage is a certainty. 9 i. In assessing a claim for compensation, I must 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. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

The following damage was caused during the tenancy: a. Windows were broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved with post tenancy photographs, an invoice and is made by consent of the tenant.

BOND

The bond is to be paid to the landlord immediately to offset the amount ordered.

FILING FEE

As the landlord is successful with the claim, I have reimbursed the filing fee. 10

SUPPRESSION

As this order is made by consent, I am suppressing the names of both parties. 11

Tenancy Tribunal case 5298599 — Rent arrears

At a glance

Tenancy Tribunal case 5298599 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions