What was Tenancy Tribunal case 5315416 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 5315416?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Knife Rack: $99.99 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Lightbulbs: $329.40 awarded to landlord; Marble Flooring: $1,046.50 awarded to landlord; Painting: $2,020.00 awarded to landlord; Plumber: $452.09 awarded to landlord; Wooden Flooring: $828.00 awarded to landlord; Replace Rubbish Bin: $99.44 awarded to landlord; Rubbish Removal: $195.71 awarded to landlord; Water Rates: $60.80 awarded to landlord

What type of tenancy dispute was case 5315416?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5315416?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762187-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5315416 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 5315416?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Knife Rack: $99.99 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Lightbulbs: $329.40 awarded to landlord; Marble Flooring: $1,046.50 awarded to landlord; Painting: $2,020.00 awarded to landlord; Plumber: $452.09 awarded to landlord; Wooden Flooring: $828.00 awarded to landlord; Replace Rubbish Bin: $99.44 awarded to landlord; Rubbish Removal: $195.71 awarded to landlord; Water Rates: $60.80 awarded to landlord

What type of tenancy dispute was case 5315416?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5315416?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762187-Tribunal_Order_Redacted.pdf.

119 Western Springs Road, Morningside, Auckland 1022 Tenancy Tribunal Case 5315416 — Property damage

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119 Western Springs Road, Morningside, Auckland 1022 Tenancy Tribunal Case 5315416 — 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 5315416 — net $722.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$60.80	Water rates
Rubbish removal	$195.71	Rubbish removal
Cleaning	$517.50	Cleaning
Lawns and Garden work	$45.00	Lawns and Garden work
Repairs: Wooden flooring	$828.00	Repairs: Wooden flooring
Light bulbs/batteries	$329.40	Light bulbs/batteries
Repairs: Marble flooring	$1,046.50	Repairs: Marble flooring
Repairs: Plumber	$452.09	Repairs: Plumber
Repairs: Painting	$2,020.00	Repairs: Painting
Replace rubbish bin	$99.44	Replace rubbish bin
Knife rack	$99.99	Knife rack
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$722.43
Total payable by Tenant to Landlord	$722.43

Claims and awards for application 5315416 — net $722.43 NZD. Verify on MoJ.

Water rates

Amount: $60.80
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $195.71
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Wooden flooring

Amount: $828.00
Awarded to: Landlord
Reason: Repairs: Wooden flooring

Light bulbs/batteries

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Amy Martin must pay [The landlord/s] $722.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing. I am satisfied that the tenant has been served with the landlord’s application in accordance with the service provisions of the Residential Tenancies Act 1986 (RTA) and so the hearing proceeded in the tenant’s absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 28 June 2025. At the end of the tenancy the tenant provided the reading of the water meter. The invoice dated 7 July 2025 is an estimate for slightly less than the water used by the tenant. I have awarded that invoice as this is the amount of water used by the tenant.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The knife rack was missing from the kitchen.
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 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: wall holes for unauthorised plumbing, staining of paintwork and flooring, damage to marble floor, damaged rubbish bin. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had claimed for replacement of damaged blinds however the landlord sold the property without replacing the damaged blinds. There was no actual loss to the landlord as they did not incur any cost to replace the blinds. That claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord also sought an order for name suppression and is entitled to an order as the successful party 1 .

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 5315416 — net $722.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$60.80	Water rates
Rubbish removal	$195.71	Rubbish removal
Cleaning	$517.50	Cleaning
Lawns and Garden work	$45.00	Lawns and Garden work
Repairs: Wooden flooring	$828.00	Repairs: Wooden flooring
Light bulbs/batteries	$329.40	Light bulbs/batteries
Repairs: Marble flooring	$1,046.50	Repairs: Marble flooring
Repairs: Plumber	$452.09	Repairs: Plumber
Repairs: Painting	$2,020.00	Repairs: Painting
Replace rubbish bin	$99.44	Replace rubbish bin
Knife rack	$99.99	Knife rack
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$722.43
Total payable by Tenant to Landlord	$722.43

Claims and awards for application 5315416 — net $722.43 NZD. Verify on MoJ.

Water rates

Amount: $60.80
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $195.71
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Wooden flooring

Amount: $828.00
Awarded to: Landlord
Reason: Repairs: Wooden flooring

Light bulbs/batteries

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Amy Martin must pay [The landlord/s] $722.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing. I am satisfied that the tenant has been served with the landlord’s application in accordance with the service provisions of the Residential Tenancies Act 1986 (RTA) and so the hearing proceeded in the tenant’s absence.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 28 June 2025. At the end of the tenancy the tenant provided the reading of the water meter. The invoice dated 7 July 2025 is an estimate for slightly less than the water used by the tenant. I have awarded that invoice as this is the amount of water used by the tenant.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The knife rack was missing from the kitchen.
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 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: wall holes for unauthorised plumbing, staining of paintwork and flooring, damage to marble floor, damaged rubbish bin. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had claimed for replacement of damaged blinds however the landlord sold the property without replacing the damaged blinds. There was no actual loss to the landlord as they did not incur any cost to replace the blinds. That claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord also sought an order for name suppression and is entitled to an order as the successful party 1 .

Tenancy Tribunal case 5315416 — Property damage at 119 Western Springs Road, Morningside, Auckland 1022

At a glance

Tenancy Tribunal case 5315416 — Property damage at 119 Western Springs Road, Morningside, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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