What was Tenancy Tribunal case 5315892 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 5315892?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Moving And Storing Goods - 15 Hours: $575.00 awarded to landlord; Property Damage: $2,150.00 awarded to landlord; Rent Arrears: $3,020.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5315892?

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

Where can I read the official tribunal order for case 5315892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12752395-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5315892 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 5315892?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Moving And Storing Goods - 15 Hours: $575.00 awarded to landlord; Property Damage: $2,150.00 awarded to landlord; Rent Arrears: $3,020.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5315892?

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

Where can I read the official tribunal order for case 5315892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12752395-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5315892 — Rent arrears

Claims and awards in Tenancy Tribunal application 5315892 — net $8,073.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/07/2025	$3,020.00	Rent arrears to 29/07/2025
Cleaning: and emptying house - 30 hours	$1,150.00	Cleaning: and emptying house - 30 hours
Moving and storing goods - 15 hours	$575.00	Moving and storing goods - 15 hours
Rubbish removal: 30 hours	$1,150.00	Rubbish removal: 30 hours
Damage - excess on insurance claim	$2,150.00	Damage - excess on insurance claim
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,073.00
Total payable by Tenant to Landlord	$8,073.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details and the tenancy address.
Ethan Freegard must pay [The landlord/s] $8,073.00 immediately, calculated as shown in table below.

Reasons

The landlord company was represented at the hearing held by telephone.
The tenant did not attend, and I could not contact him by telephone (the number did not work).
Notice of the application and hearing date and time has been posted to the tenant at an address supplied by him at the start of this service tenancy as a contact address for next of kin. He has also been sent an email notification of the hearing date and time to an email address he used during his employment.
The landlord told me that the tenant phoned him on 15 September 2025 and asked him why the claim was being made. The tenant also told the landlord he was not going to participate in this process.
In summary, I am satisfied the tenant is aware of the application and of the hearing. I continued the hearing in his absence. The claims
The landlord has applied for rent arrears and compensation for costs and damage following the end of the tenancy.
This was a service tenancy which means a tenancy given as part of an employment or contractor arrangement.
The employment relationship ended on 16 July 2025 and written notice of termination of this tenancy was given to the tenant on the same date.

How much is owed for rent?

The employment and tenancy started in December 2023 and ended on 30 July 2025.
Rent was $250.00 per week which was deducted from the tenant’s wages up until the week starting 23 April 2025. The landlord reports that the tenant was, from this date, on unpaid sick leave so was not being paid wages.
The landlord has provided rent records which prove the tenant made one payment of $480.00 for rent on 22 May 2025 but has made no other payments for the period from 23 April 2025 until the tenancy ended.
The claim is for rent due to 29 July 2025 which is $3,020.00 and this is awarded. Cleaning, removal and storage of goods, disposal of rubbish
At the end of a tenancy, a 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 landlord supplied photos taken on 31 July 2025 (after the tenancy had ended) which prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The photos show the house was left in a state of considerable disorder with the contents of cupboards strewn over floors and food and dishes in the sink. All or most furniture remained, some of it broken.
The most significant discovery was that at least one room appeared to have been set up for the indoor growing of plants. The remnants of irrigation pipes and other specialised equipment are visible.
The tenant’s flatmate removed some items of furniture and personal belongings. The landlord reports this did not reduce the clean-up as large furniture items were not removed until about two weeks later (they stored this until it could be collected). I accept this evidence.
Oral and photographic evidence proves that about 7m 3 of rubbish bags were left in a storage area at the back of the house. Other rubbish including packaging, a dog bed, clothing, and food were left throughout both inside and outside the house. The landlords also disposed of broken and damaged furniture and beds.
The landlord company is in the business of farming. The work to clean and remove rubbish was done by company staff and/or directors and invoiced through an associated landlord company. A total of 75 hours labour has been invoiced at a total cost of $2,500.00 excluding gst. This is $33.33 per hour.
I accept that the work needed doing and that the amount claimed is reasonable. I award the claim.

Is the tenant responsible for the damage to the premises?

The landlord also claims compensation for loss caused by 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.
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: a. The carpet, curtains and wallpaper in the room used for growing plants was mouldy and wet; b. Water had spread outside of the growing room and damaged carpet and lino; c. The wooden floors under the carpet were water damaged; d. Curtains throughout the house were mouldy; e. At least three large holes had been cut into gib walls in various rooms; f. There were a further four or five irregular holes in walls throughout the house; g. Several tiles were missing from around the fireplace and part of the fireplace itself was missing (the front plate).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find the damage to be intentional. Setting up an irrigated growing system inside a house is intentional and it is obvious this will cause water damage to furnishings and walls. Cutting holes in walls is intentional.
Fortunately, the damage is covered by the landlord’s insurance and the landlord claims only the amount of the excess on the insurance settlement. A settlement schedule from the insurer proves the excess applied was $2,150.00.
The insurance schedule also proves an insurance assessor valued the cost to repair the proved damage at more than $30,000.00.
I accept the landlord has suffered loss of at least the amount of the excess and award this.
The landlord has succeeded in proving the claim, so I award the filing fee and suppress its name, as sought.

Claims and awards in Tenancy Tribunal application 5315892 — net $8,073.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/07/2025	$3,020.00	Rent arrears to 29/07/2025
Cleaning: and emptying house - 30 hours	$1,150.00	Cleaning: and emptying house - 30 hours
Moving and storing goods - 15 hours	$575.00	Moving and storing goods - 15 hours
Rubbish removal: 30 hours	$1,150.00	Rubbish removal: 30 hours
Damage - excess on insurance claim	$2,150.00	Damage - excess on insurance claim
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,073.00
Total payable by Tenant to Landlord	$8,073.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details and the tenancy address.
Ethan Freegard must pay [The landlord/s] $8,073.00 immediately, calculated as shown in table below.

Reasons

The landlord company was represented at the hearing held by telephone.
The tenant did not attend, and I could not contact him by telephone (the number did not work).
Notice of the application and hearing date and time has been posted to the tenant at an address supplied by him at the start of this service tenancy as a contact address for next of kin. He has also been sent an email notification of the hearing date and time to an email address he used during his employment.
The landlord told me that the tenant phoned him on 15 September 2025 and asked him why the claim was being made. The tenant also told the landlord he was not going to participate in this process.
In summary, I am satisfied the tenant is aware of the application and of the hearing. I continued the hearing in his absence. The claims
The landlord has applied for rent arrears and compensation for costs and damage following the end of the tenancy.
This was a service tenancy which means a tenancy given as part of an employment or contractor arrangement.
The employment relationship ended on 16 July 2025 and written notice of termination of this tenancy was given to the tenant on the same date.

How much is owed for rent?

The employment and tenancy started in December 2023 and ended on 30 July 2025.
Rent was $250.00 per week which was deducted from the tenant’s wages up until the week starting 23 April 2025. The landlord reports that the tenant was, from this date, on unpaid sick leave so was not being paid wages.
The landlord has provided rent records which prove the tenant made one payment of $480.00 for rent on 22 May 2025 but has made no other payments for the period from 23 April 2025 until the tenancy ended.
The claim is for rent due to 29 July 2025 which is $3,020.00 and this is awarded. Cleaning, removal and storage of goods, disposal of rubbish
At the end of a tenancy, a 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 landlord supplied photos taken on 31 July 2025 (after the tenancy had ended) which prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The photos show the house was left in a state of considerable disorder with the contents of cupboards strewn over floors and food and dishes in the sink. All or most furniture remained, some of it broken.
The most significant discovery was that at least one room appeared to have been set up for the indoor growing of plants. The remnants of irrigation pipes and other specialised equipment are visible.
The tenant’s flatmate removed some items of furniture and personal belongings. The landlord reports this did not reduce the clean-up as large furniture items were not removed until about two weeks later (they stored this until it could be collected). I accept this evidence.
Oral and photographic evidence proves that about 7m 3 of rubbish bags were left in a storage area at the back of the house. Other rubbish including packaging, a dog bed, clothing, and food were left throughout both inside and outside the house. The landlords also disposed of broken and damaged furniture and beds.
The landlord company is in the business of farming. The work to clean and remove rubbish was done by company staff and/or directors and invoiced through an associated landlord company. A total of 75 hours labour has been invoiced at a total cost of $2,500.00 excluding gst. This is $33.33 per hour.
I accept that the work needed doing and that the amount claimed is reasonable. I award the claim.

Is the tenant responsible for the damage to the premises?

The landlord also claims compensation for loss caused by 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.
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: a. The carpet, curtains and wallpaper in the room used for growing plants was mouldy and wet; b. Water had spread outside of the growing room and damaged carpet and lino; c. The wooden floors under the carpet were water damaged; d. Curtains throughout the house were mouldy; e. At least three large holes had been cut into gib walls in various rooms; f. There were a further four or five irregular holes in walls throughout the house; g. Several tiles were missing from around the fireplace and part of the fireplace itself was missing (the front plate).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find the damage to be intentional. Setting up an irrigated growing system inside a house is intentional and it is obvious this will cause water damage to furnishings and walls. Cutting holes in walls is intentional.
Fortunately, the damage is covered by the landlord’s insurance and the landlord claims only the amount of the excess on the insurance settlement. A settlement schedule from the insurer proves the excess applied was $2,150.00.
The insurance schedule also proves an insurance assessor valued the cost to repair the proved damage at more than $30,000.00.
I accept the landlord has suffered loss of at least the amount of the excess and award this.
The landlord has succeeded in proving the claim, so I award the filing fee and suppress its name, as sought.

Tenancy Tribunal case 5315892 — Rent arrears

At a glance

Tenancy Tribunal case 5315892 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions