What was Tenancy Tribunal case 5311859 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 5311859?

Electricity: $90.67 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5311859 D…: $7,269.24 awarded to landlord; Property Damage: $243.00 awarded to landlord; Re-Letting Costs: $983.25 awarded to landlord; Rent Arrears: $847.14 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace Furnishings: Downstairs Sink: $474.78 awarded to landlord; Water Rates: $48.10 awarded to landlord

What type of tenancy dispute was case 5311859?

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

Where can I read the official tribunal order for case 5311859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672387-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5311859 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 5311859?

Electricity: $90.67 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5311859 D…: $7,269.24 awarded to landlord; Property Damage: $243.00 awarded to landlord; Re-Letting Costs: $983.25 awarded to landlord; Rent Arrears: $847.14 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace Furnishings: Downstairs Sink: $474.78 awarded to landlord; Water Rates: $48.10 awarded to landlord

What type of tenancy dispute was case 5311859?

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

Where can I read the official tribunal order for case 5311859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672387-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5311859 — Rent arrears

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New Zealand Tenancy Tribunal Case 5311859 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5311859 — net $10,484.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice	$847.14	Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice
Previous order application 5311859 dated 08/09/2025	$7,269.24	Previous order application 5311859 dated 08/09/2025
Water rates; 16 August 2025 - 26 September 2025	$48.10	Water rates; 16 August 2025 - 26 September 2025
Electricity to 6 October 2025	$90.67	Electricity to 6 October 2025
Replace furnishings: Carpet (insurance excess	$500.00	Replace furnishings: Carpet (insurance excess
Replace furnishings: Downstairs sink	$474.78	Replace furnishings: Downstairs sink
Lock/key replacement	$243.00	Lock/key replacement
Re-letting costs	$983.25	Re-letting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,484.18
Total payable by Tenant to Landlord	$10,484.18

Claims and awards for application 5311859 — net $10,484.18 NZD. Verify on MoJ.

Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice

Amount: $847.14
Awarded to: Landlord
Reason: Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice

Previous order application 5311859 dated 08/09/2025

Amount: $7,269.24
Awarded to: Landlord
Reason: Previous order application 5311859 dated 08/09/2025

Water rates; 16 August 2025 - 26 September 2025

Amount: $48.10
Awarded to: Landlord
Reason: Water rates; 16 August 2025 - 26 September 2025

Electricity to 6 October 2025

Amount: $90.67
Awarded to: Landlord
Reason: Electricity to 6 October 2025

Replace furnishings: Carpet (insurance excess

Amount: $500.00
Awarded to

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kamara Pare Walker and Te Taura Hohepa-Robertson must pay [The landlord/s] $10,484.18 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 221 and 848.
The landlord had previously applied for termination of the fixed-term tenancy for abandonment, rent arrears, damages and refund of the bond.
The Tribunal issued a previous order on 8 September 2025 that terminated the tenancy for abandonment and awarded arrears to that date, together with outgoings, rubbish removal and repair costs.
However, as the landlord had not yet taken possession of the property or re- tenanted the property, the hearing was adjourned part heard to enable the landlord to advertise the property (for the purpose of re-tenanting), assess any additional damages on possession and update the claims accordingly.
This order is to consider those additional claims.
For ease of enforcement, I have included the amount of the previous order within this order.

How much is owed for rent, utilities and re-letting costs?

After determining that the property had been abandoned, the Tribunal terminated the tenancy, and possession was granted to the landlord on 8 September 2025. Rent arrears were awarded up until this date.
In accordance with section 61(3) of the Residential Tenancies Act 1986 (RTA), a tenant who abandons the premises in a fixed-term tenancy shall be liable to pay rent until the date of the expiry of the term or the date of commencement of a new tenancy at the premises.
The fixed term tenancy was not due to end until February 2026. However, the landlord was able to re-tenant the property and a new tenancy commenced on 5 November 2025.
In addition, the landlord was able to obtain an insurance contribution amounting to eight weeks of rent. Accordingly, the landlord only seeks an additional three days rent, plus the insurance excess of $500.00 rather than the full amount of rent until a new tenancy commenced.
Accordingly, the rent sought is $847.14 until 5 November 2025 (rent in lieu of notice) and is proved.
In addition, the landlord was required to pay for water and electricity to carry out repairs and cleaning to the property and claims an additional $48.10 for water to 26 September 2025 and $90.67 for electricity.
The amounts ordered are proved.
The landlord also claims for the cost of re-tenanting the property and has provided several invoices that break down the costs incurred for advertising and vetting of potential tenants. The total cost claimed is $983.25. I am satisfied that these costs were incurred when they were because of the tenants abandoning their fixed term tenancy and these are also ordered.

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) RTA.
The tenant did not return the keys. The landlord was required to have the locks changed at the invoiced cost of $243.00.
The amount ordered is 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.
When the landlord obtained possession of the property, additional damage was discovered. This included further carpet damage and damage to the downstairs sink. The carpet damage included staining and a large rip, both downstairs and upstairs, as can been seen in the provided photographs. In the previous order, a single excess of $500.00 was awarded towards carpet damage.
However, insurance determined that there was an additional event related to the damaged carpet and so charged a further excess of $500.00.
The landlord also says that the downstairs sink was damaged, potentially by an acid of some sort that had discoloured the entire stainless-steel sink. Photographs of the damage and evidence of the cost to replace have been provided and the landlord claims $474.78.
The following damage was caused during the tenancy: Carpet and the downstairs sink. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claims I must also reimburse the filing fee. R Harvey-Lane 06 November 2025

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5311859 — net $10,484.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice	$847.14	Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice
Previous order application 5311859 dated 08/09/2025	$7,269.24	Previous order application 5311859 dated 08/09/2025
Water rates; 16 August 2025 - 26 September 2025	$48.10	Water rates; 16 August 2025 - 26 September 2025
Electricity to 6 October 2025	$90.67	Electricity to 6 October 2025
Replace furnishings: Carpet (insurance excess	$500.00	Replace furnishings: Carpet (insurance excess
Replace furnishings: Downstairs sink	$474.78	Replace furnishings: Downstairs sink
Lock/key replacement	$243.00	Lock/key replacement
Re-letting costs	$983.25	Re-letting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,484.18
Total payable by Tenant to Landlord	$10,484.18

Claims and awards for application 5311859 — net $10,484.18 NZD. Verify on MoJ.

Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice

Amount: $847.14
Awarded to: Landlord
Reason: Rent arrears (from 9 September 2025 to 5 November 2025, including rent in lieu of notice

Previous order application 5311859 dated 08/09/2025

Amount: $7,269.24
Awarded to: Landlord
Reason: Previous order application 5311859 dated 08/09/2025

Water rates; 16 August 2025 - 26 September 2025

Amount: $48.10
Awarded to: Landlord
Reason: Water rates; 16 August 2025 - 26 September 2025

Electricity to 6 October 2025

Amount: $90.67
Awarded to: Landlord
Reason: Electricity to 6 October 2025

Replace furnishings: Carpet (insurance excess

Amount: $500.00
Awarded to

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kamara Pare Walker and Te Taura Hohepa-Robertson must pay [The landlord/s] $10,484.18 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 221 and 848.
The landlord had previously applied for termination of the fixed-term tenancy for abandonment, rent arrears, damages and refund of the bond.
The Tribunal issued a previous order on 8 September 2025 that terminated the tenancy for abandonment and awarded arrears to that date, together with outgoings, rubbish removal and repair costs.
However, as the landlord had not yet taken possession of the property or re- tenanted the property, the hearing was adjourned part heard to enable the landlord to advertise the property (for the purpose of re-tenanting), assess any additional damages on possession and update the claims accordingly.
This order is to consider those additional claims.
For ease of enforcement, I have included the amount of the previous order within this order.

How much is owed for rent, utilities and re-letting costs?

After determining that the property had been abandoned, the Tribunal terminated the tenancy, and possession was granted to the landlord on 8 September 2025. Rent arrears were awarded up until this date.
In accordance with section 61(3) of the Residential Tenancies Act 1986 (RTA), a tenant who abandons the premises in a fixed-term tenancy shall be liable to pay rent until the date of the expiry of the term or the date of commencement of a new tenancy at the premises.
The fixed term tenancy was not due to end until February 2026. However, the landlord was able to re-tenant the property and a new tenancy commenced on 5 November 2025.
In addition, the landlord was able to obtain an insurance contribution amounting to eight weeks of rent. Accordingly, the landlord only seeks an additional three days rent, plus the insurance excess of $500.00 rather than the full amount of rent until a new tenancy commenced.
Accordingly, the rent sought is $847.14 until 5 November 2025 (rent in lieu of notice) and is proved.
In addition, the landlord was required to pay for water and electricity to carry out repairs and cleaning to the property and claims an additional $48.10 for water to 26 September 2025 and $90.67 for electricity.
The amounts ordered are proved.
The landlord also claims for the cost of re-tenanting the property and has provided several invoices that break down the costs incurred for advertising and vetting of potential tenants. The total cost claimed is $983.25. I am satisfied that these costs were incurred when they were because of the tenants abandoning their fixed term tenancy and these are also ordered.

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) RTA.
The tenant did not return the keys. The landlord was required to have the locks changed at the invoiced cost of $243.00.
The amount ordered is 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.
When the landlord obtained possession of the property, additional damage was discovered. This included further carpet damage and damage to the downstairs sink. The carpet damage included staining and a large rip, both downstairs and upstairs, as can been seen in the provided photographs. In the previous order, a single excess of $500.00 was awarded towards carpet damage.
However, insurance determined that there was an additional event related to the damaged carpet and so charged a further excess of $500.00.
The landlord also says that the downstairs sink was damaged, potentially by an acid of some sort that had discoloured the entire stainless-steel sink. Photographs of the damage and evidence of the cost to replace have been provided and the landlord claims $474.78.
The following damage was caused during the tenancy: Carpet and the downstairs sink. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claims I must also reimburse the filing fee. R Harvey-Lane 06 November 2025

Tenancy Tribunal case 5311859 — Rent arrears

At a glance

Tenancy Tribunal case 5311859 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, utilities and re-letting costs?

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, utilities and re-letting costs?

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