What was Tenancy Tribunal case 5300863 about?

The tribunal order states: There are orders for non-publication of the names and identifying details of both

How much money was awarded in case 5300863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300863?

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

Where can I read the official tribunal order for case 5300863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12476978-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5300863 about?

The tribunal order states: There are orders for non-publication of the names and identifying details of both

How much money was awarded in case 5300863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300863?

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

Where can I read the official tribunal order for case 5300863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12476978-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5300863 — Rent arrears

Tenantcheck Insights

Reasons

set out below.

The applications for compensation for painting, carpet and stove-top are withdrawn. Reasons:

Both parties attended the hearing, which was conducted by phone. [The tenant] appeared on behalf of herself and her husband.

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 tenancy ran from April 2023 to 19 April 2025. At the end of the tenancy the landlord provided the tenant with quotes for repairs totalling over $6,000. The tenant agreed to sign over the bond of $2,780 to the landlord. The landlord seeks further compensation, saying the bond does not cover it. The claims are: a. Rent one week $700.00 b. Water use $ 65.09 c. Carpet $299.00 d. Cooktop $650.00 e. Flooring $4,500.00 f. Paintwork $1,450.00 g. Silicon/mould$ 750.00

Some of these amounts are exclusive if GST.

The onus is on the landlord to prove his claims. The standard of proof is on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 19 April 2025. [The landlord] provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $700 for rent and $65.09 for water.

The tenant did not dispute the amounts but said that the landlord commenced repairs and maintenance before the end of the tenancy. Work began on replacing the floor. Therefore she queried whether she should pay the last week’s rent.

The tenant is liable for the rent until the end of the tenancy, which was 19 April. Sometimes a reduction of rent is made where a tenant’s quiet enjoyment of the premises is affected by significant repairs.

In fact, the tenants had moved out before 19 April. It was reasonable that the landlord should commence work in getting the premises ready for the next tenant.

Therefore, at the end of the tenancy, the tenants owed $765.09. Because the tenant has already paid the landlord $2,780, no order is made for the tenant to pay the $756.09.

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. Flooring

There was laminate flooring installed in 2022. There is no dispute that the flooring was not stable. There was more movement than usual. The tenant made the landlord aware that the flooring was uneven. She did not tell the landlord that her heel had got caught and a corner of one piece of laminate had chipped off. This damage was discovered during an inspection.

The landlord had the floor opened up to see why it was moving and breaking. It was very wet underneath.

The source of the wetness has not been established and the tenant denies any knowledge or responsibility for it.

The tenant agrees to pay for one replacement piece of laminate.

The landlord has not established that the tenant is responsible for defects in the flooring. She is not responsible for replacement of all the laminate.

Given the problems with the flooring, I consider the damage caused by the tenant’s heel was fair wear and tear. With the movement in the flooring, it was likely that some damage would occur. I make no order. Cooktop, painting, carpet

The landlord provided quotes for replacement of the cooktop and carpet and repainting of the walls. However, none of these repairs or replacements have taken place.

It is not reasonable to make orders based on quotes. The actual loss to the landlord is unknown. A landlord could receive the money but then fix the items at a lesser cost, or not do them at all. This property is currently rented out and so he has not demonstrated a loss. These claims are withdrawn. Mould

The landlord said that during the tenancy, the tenant allowed mould to build up on the bathroom so that he had to have silicon replaced. He provided a quote of $750 plus GST for removing the silicone from the bottom of the shower, replacing the lower part of the glass rubber and cleaning up the silicon behind the toilet.

The landlord said that the tenant allowed the mould to build up, did not air the place properly, and the bathroom was constantly wet. He said that it was better when her mother was staying, and that there is no problem with the current tenants.

The tenant said that she tried to clean the bathroom, but some of the mould could not be removed.

The landlord would have preferred the tenant to clean the premises according to his directions, and not allow the bathroom to remain wet. That may not be a reasonable expectation.

I am not satisfied that there is actual damage and/or it is more than fair wear and tear. Occasionally silicon needs to be replaced. If the mould has got under the silicon, it cannot be cleaned and has to be replaced. It is part of the maintenance of any property.

Because [The applicant/s] has not substantially succeeded with the claim I have not reimbursed the filing fee.

The tenants have made no application for refund of the balance of the bond, which they have previously signed over to the landlord.

Both parties have had some success and so there are orders for name suppression for both the landlord and tenant.

The landlord sought an indication of what the Tribunal would be likely to order in relation to the remaining matters so that he can decide whether or not to proceed. It is not the role of the Tribunal to give “advance rulings” or provide advice to either party. The legal principles in relation to damage to property is set out above. The parties may seek further information from Tenancy Services and other Tribunal decisions.

Reasons

set out below.