What was Tenancy Tribunal case 5312723 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 5312723?

Previous Order Application [Redacted…: $1,368.43 awarded to landlord; Property Damage: $471.50 awarded to landlord; Rent Arrears: $530.00 awarded to landlord; Gate: $598.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 5312723?

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

Where can I read the official tribunal order for case 5312723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12590542-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5312723 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 5312723?

Previous Order Application [Redacted…: $1,368.43 awarded to landlord; Property Damage: $471.50 awarded to landlord; Rent Arrears: $530.00 awarded to landlord; Gate: $598.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 5312723?

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

Where can I read the official tribunal order for case 5312723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12590542-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 13 St Benedicts Street, Eden Terrace, Tenancy Tribunal Case 5312723 — Property damage

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Unit/Flat Flat 2, 13 St Benedicts Street, Eden Terrace, Tenancy Tribunal Case 5312723 — Property damage | 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 5312723 — net $4,002.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30 April 2025 – 7 May 2025	$530.00	Rent arrears 30 April 2025 – 7 May 2025
Previous order application [redacted] dated 29/04/2025	$1,368.43	Previous order application [redacted] dated 29/04/2025
Window repairs	$471.50	Window repairs
Repairs: Gate	$598.00	Repairs: Gate
Repairs: Wall repairs	$747.50	Repairs: Wall repairs
Rubbish removal	$287.50	Rubbish removal
Net award	$4,002.93
Total payable by Tenant to Landlord	$4,002.93

Claims and awards for application 5312723 — net $4,002.93 NZD. Verify on MoJ.

Rent arrears 30 April 2025 – 7 May 2025

Amount: $530.00
Awarded to: Landlord
Reason: Rent arrears 30 April 2025 – 7 May 2025

Previous order application [redacted] dated 29/04/2025

Amount: $1,368.43
Awarded to: Landlord
Reason: Previous order application [redacted] dated 29/04/2025

Window repairs

Amount: $471.50
Awarded to: Landlord
Reason: Window repairs

Repairs: Gate

Amount: $598.00
Awarded to: Landlord
Reason: Repairs: Gate

Repairs: Wall repairs

Amount: $747.50
Awarded to: Landlord
Reason: Repairs: Wall repairs

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Jiaqing Dong $4,002.93 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2025 under application [redacted].

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, compensation 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 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.
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.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , 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 tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2
The tenancy ended on 29 April 2025 pursuant to a termination order of the Tribunal, however by agreement the tenant vacated a week after the termination date and the tenant is liable for an additional weeks rent.
The landlord provided rent records which prove the amount owing at the end of the tenancy and the amount ordered is by consent. 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all his or her goods from the premises, 3 leave the premises (including the land provided with the premises) reasonably clean and tidy, 4 and remove all rubbish. 5
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. By consent I make an order for compensation for rubbish removal.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 6 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. 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. 7
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. 8
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). 9 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). 10 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 11
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. 12 Damage is intentional where a person intends to cause 3 See section 40 (1)(e) (ii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40 (1)(e) (iii) of the RTA. 6 See s 40 (2)(a) of the RTA. 7 See sections 40(2)(a), 41 and 49B RTA. 8 See Taylor v Webb [1937] 2KB 283 (CA). 9 See section 49B(3)(a) RTA. 10 See section 49B(3)(b) RTA. 11 See section 49B(3A)(a) RTA. 12 See section 49B(1) RTA. 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. 13
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.
The following damage was caused during the tenancy: A glass panel was broken, the gate was damaged, and the walls were damaged.
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 photographs, an invoice and made by consent. Previous order
On 29 April 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 29 April 2025, reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord as succeeded with the claim, I have reimbursed the filing fee. This order is made by consent. Suppression
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. 14
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 15 13 See Guo v Korck [2019] NZHC 1541. 14 See section 95A (1) of the RTA. 15 See section 95A (4) of the RTA.
The landlord did not seek name suppression.
The tenant applied for name suppression and as this Order is made by consent, I make an order suppressing the tenant’s name and identifying details.

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 5312723 — net $4,002.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30 April 2025 – 7 May 2025	$530.00	Rent arrears 30 April 2025 – 7 May 2025
Previous order application [redacted] dated 29/04/2025	$1,368.43	Previous order application [redacted] dated 29/04/2025
Window repairs	$471.50	Window repairs
Repairs: Gate	$598.00	Repairs: Gate
Repairs: Wall repairs	$747.50	Repairs: Wall repairs
Rubbish removal	$287.50	Rubbish removal
Net award	$4,002.93
Total payable by Tenant to Landlord	$4,002.93

Claims and awards for application 5312723 — net $4,002.93 NZD. Verify on MoJ.

Rent arrears 30 April 2025 – 7 May 2025

Amount: $530.00
Awarded to: Landlord
Reason: Rent arrears 30 April 2025 – 7 May 2025

Previous order application [redacted] dated 29/04/2025

Amount: $1,368.43
Awarded to: Landlord
Reason: Previous order application [redacted] dated 29/04/2025

Window repairs

Amount: $471.50
Awarded to: Landlord
Reason: Window repairs

Repairs: Gate

Amount: $598.00
Awarded to: Landlord
Reason: Repairs: Gate

Repairs: Wall repairs

Amount: $747.50
Awarded to: Landlord
Reason: Repairs: Wall repairs

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Jiaqing Dong $4,002.93 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2025 under application [redacted].

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, compensation 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 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.
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.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , 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 tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2
The tenancy ended on 29 April 2025 pursuant to a termination order of the Tribunal, however by agreement the tenant vacated a week after the termination date and the tenant is liable for an additional weeks rent.
The landlord provided rent records which prove the amount owing at the end of the tenancy and the amount ordered is by consent. 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all his or her goods from the premises, 3 leave the premises (including the land provided with the premises) reasonably clean and tidy, 4 and remove all rubbish. 5
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. By consent I make an order for compensation for rubbish removal.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 6 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. 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. 7
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. 8
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). 9 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). 10 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 11
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. 12 Damage is intentional where a person intends to cause 3 See section 40 (1)(e) (ii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40 (1)(e) (iii) of the RTA. 6 See s 40 (2)(a) of the RTA. 7 See sections 40(2)(a), 41 and 49B RTA. 8 See Taylor v Webb [1937] 2KB 283 (CA). 9 See section 49B(3)(a) RTA. 10 See section 49B(3)(b) RTA. 11 See section 49B(3A)(a) RTA. 12 See section 49B(1) RTA. 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. 13
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.
The following damage was caused during the tenancy: A glass panel was broken, the gate was damaged, and the walls were damaged.
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 photographs, an invoice and made by consent. Previous order
On 29 April 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 29 April 2025, reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee
As the landlord as succeeded with the claim, I have reimbursed the filing fee. This order is made by consent. Suppression
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. 14
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 15 13 See Guo v Korck [2019] NZHC 1541. 14 See section 95A (1) of the RTA. 15 See section 95A (4) of the RTA.
The landlord did not seek name suppression.
The tenant applied for name suppression and as this Order is made by consent, I make an order suppressing the tenant’s name and identifying details.

Tenancy Tribunal case 5312723 — Property damage at Unit/Flat Flat 2, 13 St Benedicts Street, Eden Terrace,

At a glance

Tenancy Tribunal case 5312723 — Property damage at Unit/Flat Flat 2, 13 St Benedicts Street, Eden Terrace,

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