What was Tenancy Tribunal case 5316440 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 5316440?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Cleaning: $1,336.30 awarded to landlord; Plumbing Invoice (20 March 2025: $174.25 awarded to landlord; Plumbing Invoice (3 July 2025: $121.25 awarded to landlord

What type of tenancy dispute was case 5316440?

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

Where can I read the official tribunal order for case 5316440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12627187-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316440 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 5316440?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Cleaning: $1,336.30 awarded to landlord; Plumbing Invoice (20 March 2025: $174.25 awarded to landlord; Plumbing Invoice (3 July 2025: $121.25 awarded to landlord

What type of tenancy dispute was case 5316440?

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

Where can I read the official tribunal order for case 5316440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12627187-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5316440 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5316440 — net $2,109.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 October 2025	$450.00	Rent arrears to 8 October 2025
Repairs: Plumbing invoice (3 July 2025	$121.25	Repairs: Plumbing invoice (3 July 2025
Repairs: Carpet drying and cleaning	$1,336.30	Repairs: Carpet drying and cleaning
Repairs: Plumbing invoice (20 March 2025	$174.25	Repairs: Plumbing invoice (20 March 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,109.80
Total payable by Tenant to Landlord	$2,109.80

Both parties attended the hearing.

The landlord has applied for rent arrears and compensation relating to an alleged leak causing damage to the carpet and resulting in both carpet and plumbing invoices. Background

The tenancy commenced on 30 August 2024.

In March 2025 a plumber visiting the property to determine a leak issue. The invoice notes that they “replaced the washing machine hose as it was leaking all over the ground and spreading into the neighbouring room”. This invoice was for

25.

A carpet cleaning company was then engaged to carry out remedial works as a result of the leak. The invoice notes “leak in the laundry and cupboard in the bedroom backing on to it has soaked and its growing mushrooms”. The works included drying, cleaning and treating the carpet and replacement of mouldy smooth-edge and underlay where required at a total cost of $1,336.30.

A further plumbing invoice was incurred due to additional concerns raised. It notes that there was no sign or water after putting a wash through a washing machine and filing tub. It summarises that they had previously eliminated any plumbing leak. The invoice further notes that they can see where water has been sitting under the tub and the cabinet is next to the washing machine. This invoice totalled $121.25. The law on 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. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986 (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.

The landlord relies on advice from the plumbing experts as recorded in the invoices that state that the leaks were caused by the tenant’s washing machine hose.

The tenant states that there is insufficient evidence to show that they, or their washing machine, were responsible and that it could have been caused by the tub rather than the washing machine. However, I have no evidence to support this claim or to support the proposition that the damage, and resulting incurred costs, have been caused by anything other than the tenant’s washing machine.

I consider that based on the evidence I do have, that it was more likely than not caused by the tenant’s washing machine hose and although this was not intentional, it likely fell within the definition of careless.

The amounts ordered are proved. Other matters

The landlord has also applied for rent arrears and has provided rent records which prove the amount owing of $450.00 through to the rental period ending on 8 October 2025. The tenant does not dispute this amount but says that he has always paid rent, and the arrears arose through money being reallocated to a bond top up without his knowledge or consent.

Although this is not apparent from the rental summary, even if so, the rental arrears are still owed. The amount ordered is proved.

Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 29 October 2025

Claims and awards in Tenancy Tribunal application 5316440 — net $2,109.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 October 2025	$450.00	Rent arrears to 8 October 2025
Repairs: Plumbing invoice (3 July 2025	$121.25	Repairs: Plumbing invoice (3 July 2025
Repairs: Carpet drying and cleaning	$1,336.30	Repairs: Carpet drying and cleaning
Repairs: Plumbing invoice (20 March 2025	$174.25	Repairs: Plumbing invoice (20 March 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,109.80
Total payable by Tenant to Landlord	$2,109.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Brandon Musson must pay [The landlord/s] $2,109.80 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and compensation relating to an alleged leak causing damage to the carpet and resulting in both carpet and plumbing invoices. Background
The tenancy commenced on 30 August 2024.
In March 2025 a plumber visiting the property to determine a leak issue. The invoice notes that they “replaced the washing machine hose as it was leaking all over the ground and spreading into the neighbouring room”. This invoice was for
25.
A carpet cleaning company was then engaged to carry out remedial works as a result of the leak. The invoice notes “leak in the laundry and cupboard in the bedroom backing on to it has soaked and its growing mushrooms”. The works included drying, cleaning and treating the carpet and replacement of mouldy smooth-edge and underlay where required at a total cost of $1,336.30.
A further plumbing invoice was incurred due to additional concerns raised. It notes that there was no sign or water after putting a wash through a washing machine and filing tub. It summarises that they had previously eliminated any plumbing leak. The invoice further notes that they can see where water has been sitting under the tub and the cabinet is next to the washing machine. This invoice totalled $121.25. The law on 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. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986 (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.
The landlord relies on advice from the plumbing experts as recorded in the invoices that state that the leaks were caused by the tenant’s washing machine hose.
The tenant states that there is insufficient evidence to show that they, or their washing machine, were responsible and that it could have been caused by the tub rather than the washing machine. However, I have no evidence to support this claim or to support the proposition that the damage, and resulting incurred costs, have been caused by anything other than the tenant’s washing machine.
I consider that based on the evidence I do have, that it was more likely than not caused by the tenant’s washing machine hose and although this was not intentional, it likely fell within the definition of careless.
The amounts ordered are proved. Other matters
The landlord has also applied for rent arrears and has provided rent records which prove the amount owing of $450.00 through to the rental period ending on 8 October 2025. The tenant does not dispute this amount but says that he has always paid rent, and the arrears arose through money being reallocated to a bond top up without his knowledge or consent.
Although this is not apparent from the rental summary, even if so, the rental arrears are still owed. The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 29 October 2025

Tenancy Tribunal case 5316440 — Cleanliness

At a glance

Tenancy Tribunal case 5316440 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions