What was Tenancy Tribunal case 5317943 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 5317943?

Cleaning: $201.25 awarded to landlord; Cleaning: $850.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $188.68 awarded to landlord; Property Damage: $142.03 awarded to landlord; Rent Arrears: $6,500.00 awarded to landlord; Property Damage: $373.75 awarded to landlord; Replace Missing Heat Pump Remote: $40.00 awarded to landlord; Rubbish Removal: $546.25 awarded to landlord

What type of tenancy dispute was case 5317943?

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

Where can I read the official tribunal order for case 5317943?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12530906-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5317943 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 5317943?

Cleaning: $201.25 awarded to landlord; Cleaning: $850.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $188.68 awarded to landlord; Property Damage: $142.03 awarded to landlord; Rent Arrears: $6,500.00 awarded to landlord; Property Damage: $373.75 awarded to landlord; Replace Missing Heat Pump Remote: $40.00 awarded to landlord; Rubbish Removal: $546.25 awarded to landlord

What type of tenancy dispute was case 5317943?

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

Where can I read the official tribunal order for case 5317943?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12530906-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5317943 — Rent arrears

Claims and awards in Tenancy Tribunal application 5317943 — net $8,869.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 July 2025	$6,500.00	The claim for rent arrears is proven.
Lock/key replacement: Tenant lost keys	$142.03	Lock/key replacement: Tenant lost keys
Lock/key replacement: End of tenancy	$188.68	Lock/key replacement: End of tenancy
Rubbish removal	$546.25	Rubbish removal
Repairs: Minor internal repairs	$373.75	Repairs: Minor internal repairs
Replace missing heat pump remote	$40.00	Replace missing heat pump remote
Cleaning	$850.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Filing fee reimbursement	$28.00	34. The damage is beyond fair wear and tear, and the cost of repairs is proven.
Net award	$8,869.96
Total payable by Tenant to Landlord	$8,869.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Justyce Paige Amopiu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately
Justyce Paige Amopiu must pay [The landlord/s] $8,869.96 immediately, calculated as shown in the table below:

Reasons

Background

The tenancy began on 31 October 2024.
In early March 2025, Ms Amopiu told [The landlord/s] that she had lost her keys. [The landlord/s] arranged for a change of locks and new keys.
In April 2025, someone broke into the property and stole various plumbing fittings, causing a flood in the house.
At the time, Ms Amopiu told [The landlord/s] that she knew who had broken in, but she did not want to inform the police.
The rent payments stopped in May.
[The landlord/s] was unable to contact Ms Amopiu. In late May / early June she asked her builder to visit the property to check on it. The builder found that Ms Amopiu was no longer living there but there were two other people living there who said that there were paying rent to Ms Amopiu.
[The landlord/s] told the sub-tenants that they had to leave the property, which they did in late June. [The landlord/s] changed the locks on 27 June.
There were multiple break-ins and burglaries in June and July. The thieves took the stove, the curtains twice ([The landlord/s] replaced them, then they were stolen again) and even the circuit breakers on the power board.
The claim seeks rent arrears, cleaning, rubbish removal, repairs, and replacement of missing chattels.
The hearing took place on 6 October 2025 at the [event location suppressed] Court. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Amopiu. Rent
Ms Amopiu stopped paying rent in May. [The landlord/s] seeks rent arrears to 15 July 2025.
A tenant who abandons the premises remains liable for rent to the date that is 21-days from the date that the landlord discovered, or reasonably ought to have discovered, the abandonment. 1
In this instance, Ms Amopiu was not living at the property but she was subletting it. [The landlord/s] removed the unlawful sub-tenants. She had the locks changed on 27 June. 1 Section 61(3)(a) Residential Tenancies Act 1986 (“RTA”)
I agree that this is an appropriate date to fix the date of abandonment. By this date it became clear that Ms Amopiu had no intention to return to the property and resume her tenancy.
I agree that [The landlord/s] is entitled to rent in lieu of notice for abandonment even after she changed the locks. It was reasonable for [The landlord/s] to change the locks given the obvious security problems at the property. Ms Amopiu made no attempt to contact [The landlord/s] and obtain access.
The claim for rent arrears is proven.
I have made a termination order formalising the return of legal possession to the landlord. Cleaning, rubbish removal, change of locks
Tenants must leave the premises reasonably clean and tidy, remove all rubbish, and return the keys at the end of the tenancy.
[The landlord/s] provided photographs that were taken by her builder at the end of June.
The premises were left in an extremely unclean and untidy state.
The amounts claimed for cleaning and rubbish removal are proven, and are reasonable having regard to the landlord’s photographs.
The keys were not returned at the end of the tenancy. The tenant is liable for the proven cost of changing the locks at the end of the tenancy. The tenant is also liable for the cost of changing the locks due to the tenant losing her keys in March 2025. Damage and missing chattels
Much of [The landlord/s]’s claim relates to damage and loss caused by unknown persons breaking into the property. These break ins happened before and after [The landlord/s] took possession on 27 June.
[The landlord/s] understands that Ms Amopiu became indebted to some dangerous people, who sought to intimidate Ms Amopiu and recover her debt by breaking in and stealing items from the property. [The landlord/s] said that the neighbours did not report any of this activity to her because of fear of the perpetrators.
The Residential Tenancies Act 1986 (“RTA”) states that a tenant cannot be held liable for the cost of making good any destruction or damage to the premises except as specified in the RTA. 2
Tenants are liable for: 3 a. Damage intentionally caused by the tenant or by anyone for whom the tenant is responsible; and b. Damage resulting from an act or omission by the tenant or by anyone for whom the tenant is responsible that constitutes and imprisonable offence; and c. Damage resulting from a careless act or omission by the tenant or by anyone for whom the tenant is responsible.
Tenants are responsible for the actions of anyone who is in the premises with the tenant’s consent. 4
I do not know the “full story” here. I have not heard from the tenant.
However, the information that [The landlord/s] was able to obtain, together with the pattern of damage (broken windows for forced entry) and missing fixtures and fittings, supports a finding that the damage and theft was perpetrated by persons who did not have Ms Amopiu’s permission to be there. It is apparent that Ms Amopiu was afraid of them, and she left the property soon after the first break in that happened in April.
On that basis, my finding is that the tenant cannot be held liable for damage and loss that was caused by the intruders. That includes [The landlord/s]’s claims for: a. Plumbing cost after April break in and theft of plumbing fittings $1,636.04. b. Re-glaze back door in late June $168.94. c. Replace circuit breakers from power board $414.00. d. Replace window latch etc after break in $142.60. e. Call out and secure property in July, change locks again $908.50. f. Replace toilet window $610.29. g. Replacement of curtains $1,385.61. h. Replacement of the stove $2,199.00.
The missing heat pump remote is not obviously something that the intruders took. The tenant is liable for the cost of replacing the remote. 2 Section 49A(1) RTA 3 Section 49B RTA 4 Section 41(1) RTA
[The landlord/s]’s builder carried out some minor repairs at the end of the tenancy described on the invoice as: Replaced window latch and baseplate in bathroom, replaced 5 door stops, replaced lock on bedroom 2 and repaired broken door jamb in toilet.
It is not obvious that this damage was caused by the intruders. In the absence of any other evidence, my finding is that this is damage for which the tenant is legally liable.
The damage is beyond fair wear and tear, and the cost of repairs is proven. Filing fee, bond, name suppression
The landlord has been substantially successful in the application, and I will also award the landlord the filing fee. 5 Name suppression is granted to the landlord. 6
The landlord’s rent record shows that the tenant paid a bond at the start of the tenancy but then immediately fell into rent arrears. The bond was applied to rent for the first five weeks of the tenancy. The landlord did not request re-payment of the bond, so there is no bond for this tenancy.

Claims and awards in Tenancy Tribunal application 5317943 — net $8,869.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 July 2025	$6,500.00	The claim for rent arrears is proven.
Lock/key replacement: Tenant lost keys	$142.03	Lock/key replacement: Tenant lost keys
Lock/key replacement: End of tenancy	$188.68	Lock/key replacement: End of tenancy
Rubbish removal	$546.25	Rubbish removal
Repairs: Minor internal repairs	$373.75	Repairs: Minor internal repairs
Replace missing heat pump remote	$40.00	Replace missing heat pump remote
Cleaning	$850.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Filing fee reimbursement	$28.00	34. The damage is beyond fair wear and tear, and the cost of repairs is proven.
Net award	$8,869.96
Total payable by Tenant to Landlord	$8,869.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Justyce Paige Amopiu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately
Justyce Paige Amopiu must pay [The landlord/s] $8,869.96 immediately, calculated as shown in the table below:

Reasons

Background

The tenancy began on 31 October 2024.
In early March 2025, Ms Amopiu told [The landlord/s] that she had lost her keys. [The landlord/s] arranged for a change of locks and new keys.
In April 2025, someone broke into the property and stole various plumbing fittings, causing a flood in the house.
At the time, Ms Amopiu told [The landlord/s] that she knew who had broken in, but she did not want to inform the police.
The rent payments stopped in May.
[The landlord/s] was unable to contact Ms Amopiu. In late May / early June she asked her builder to visit the property to check on it. The builder found that Ms Amopiu was no longer living there but there were two other people living there who said that there were paying rent to Ms Amopiu.
[The landlord/s] told the sub-tenants that they had to leave the property, which they did in late June. [The landlord/s] changed the locks on 27 June.
There were multiple break-ins and burglaries in June and July. The thieves took the stove, the curtains twice ([The landlord/s] replaced them, then they were stolen again) and even the circuit breakers on the power board.
The claim seeks rent arrears, cleaning, rubbish removal, repairs, and replacement of missing chattels.
The hearing took place on 6 October 2025 at the [event location suppressed] Court. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Amopiu. Rent
Ms Amopiu stopped paying rent in May. [The landlord/s] seeks rent arrears to 15 July 2025.
A tenant who abandons the premises remains liable for rent to the date that is 21-days from the date that the landlord discovered, or reasonably ought to have discovered, the abandonment. 1
In this instance, Ms Amopiu was not living at the property but she was subletting it. [The landlord/s] removed the unlawful sub-tenants. She had the locks changed on 27 June. 1 Section 61(3)(a) Residential Tenancies Act 1986 (“RTA”)
I agree that this is an appropriate date to fix the date of abandonment. By this date it became clear that Ms Amopiu had no intention to return to the property and resume her tenancy.
I agree that [The landlord/s] is entitled to rent in lieu of notice for abandonment even after she changed the locks. It was reasonable for [The landlord/s] to change the locks given the obvious security problems at the property. Ms Amopiu made no attempt to contact [The landlord/s] and obtain access.
The claim for rent arrears is proven.
I have made a termination order formalising the return of legal possession to the landlord. Cleaning, rubbish removal, change of locks
Tenants must leave the premises reasonably clean and tidy, remove all rubbish, and return the keys at the end of the tenancy.
[The landlord/s] provided photographs that were taken by her builder at the end of June.
The premises were left in an extremely unclean and untidy state.
The amounts claimed for cleaning and rubbish removal are proven, and are reasonable having regard to the landlord’s photographs.
The keys were not returned at the end of the tenancy. The tenant is liable for the proven cost of changing the locks at the end of the tenancy. The tenant is also liable for the cost of changing the locks due to the tenant losing her keys in March 2025. Damage and missing chattels
Much of [The landlord/s]’s claim relates to damage and loss caused by unknown persons breaking into the property. These break ins happened before and after [The landlord/s] took possession on 27 June.
[The landlord/s] understands that Ms Amopiu became indebted to some dangerous people, who sought to intimidate Ms Amopiu and recover her debt by breaking in and stealing items from the property. [The landlord/s] said that the neighbours did not report any of this activity to her because of fear of the perpetrators.
The Residential Tenancies Act 1986 (“RTA”) states that a tenant cannot be held liable for the cost of making good any destruction or damage to the premises except as specified in the RTA. 2
Tenants are liable for: 3 a. Damage intentionally caused by the tenant or by anyone for whom the tenant is responsible; and b. Damage resulting from an act or omission by the tenant or by anyone for whom the tenant is responsible that constitutes and imprisonable offence; and c. Damage resulting from a careless act or omission by the tenant or by anyone for whom the tenant is responsible.
Tenants are responsible for the actions of anyone who is in the premises with the tenant’s consent. 4
I do not know the “full story” here. I have not heard from the tenant.
However, the information that [The landlord/s] was able to obtain, together with the pattern of damage (broken windows for forced entry) and missing fixtures and fittings, supports a finding that the damage and theft was perpetrated by persons who did not have Ms Amopiu’s permission to be there. It is apparent that Ms Amopiu was afraid of them, and she left the property soon after the first break in that happened in April.
On that basis, my finding is that the tenant cannot be held liable for damage and loss that was caused by the intruders. That includes [The landlord/s]’s claims for: a. Plumbing cost after April break in and theft of plumbing fittings $1,636.04. b. Re-glaze back door in late June $168.94. c. Replace circuit breakers from power board $414.00. d. Replace window latch etc after break in $142.60. e. Call out and secure property in July, change locks again $908.50. f. Replace toilet window $610.29. g. Replacement of curtains $1,385.61. h. Replacement of the stove $2,199.00.
The missing heat pump remote is not obviously something that the intruders took. The tenant is liable for the cost of replacing the remote. 2 Section 49A(1) RTA 3 Section 49B RTA 4 Section 41(1) RTA
[The landlord/s]’s builder carried out some minor repairs at the end of the tenancy described on the invoice as: Replaced window latch and baseplate in bathroom, replaced 5 door stops, replaced lock on bedroom 2 and repaired broken door jamb in toilet.
It is not obvious that this damage was caused by the intruders. In the absence of any other evidence, my finding is that this is damage for which the tenant is legally liable.
The damage is beyond fair wear and tear, and the cost of repairs is proven. Filing fee, bond, name suppression
The landlord has been substantially successful in the application, and I will also award the landlord the filing fee. 5 Name suppression is granted to the landlord. 6
The landlord’s rent record shows that the tenant paid a bond at the start of the tenancy but then immediately fell into rent arrears. The bond was applied to rent for the first five weeks of the tenancy. The landlord did not request re-payment of the bond, so there is no bond for this tenancy.

Tenancy Tribunal case 5317943 — Rent arrears

At a glance

Tenancy Tribunal case 5317943 — Rent arrears

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