What was Tenancy Tribunal case 5318400 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 5318400?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $932.62 awarded to landlord; Rent Arrears: $104.29 awarded to landlord; Property Damage: $750.00 awarded to landlord; Replace Furnishings: Light Shades: $36.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5318400?

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

Where can I read the official tribunal order for case 5318400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13135024-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5318400 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 5318400?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $932.62 awarded to landlord; Rent Arrears: $104.29 awarded to landlord; Property Damage: $750.00 awarded to landlord; Replace Furnishings: Light Shades: $36.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5318400?

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

Where can I read the official tribunal order for case 5318400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13135024-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5318400 — Property damage

Claims and awards in Tenancy Tribunal application 5318400 — net $980.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.4.25	$104.29	Rent arrears to 28.4.25
Cleaning	$300.00	Cleaning
Rubbish removal	$550.00	Rubbish removal
Window repairs	$932.62	Window repairs
Replace furnishings: Light shades	$36.00	Replace furnishings: Light shades
Repairs: wall repairs	$750.00	Repairs: wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$980.91
Total payable by Tenant to Landlord	$980.91

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Rebecca Sumeran must pay [The landlord/s] $980.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant did not connect to the remote hearing and was telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The tenant applied for an adjournment the day before the hearing for personal reasons. The adjournment application was declined as this matter has already been adjourned, no supporting documentation was provided in support of the adjournment and this matter requires resolution. The tenant said she did not have access to a phone however the tenant was offered the option of attending by phone from her local court. She did not take up that offer. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond, 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.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 28 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $104.29.

How much is owed for water rates?

The landlord had applied for water rates, however as discussed at the hearing, I consider it appropriate in reflecting the payments made by the tenant to the tenancy invoices (for water rates and window repairs) that the water rates are treated as paid by the tenant and I will deal with the window damage separately. The Law – tenant’s 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, leave the premises (including the land provided with the premises) 1 See section 40 (1)(a) of the RTA. reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 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. 4
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. 5
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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9
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 2 See section 40(1)(e) of the RTA. 3 See s 40 (2)(a) of the RTA. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 See section 49B(3)(a) RTA. 7 See section 49B(3)(b) RTA. 8 See section 49B(3A)(a) RTA. 9 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 10
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 claims Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claimed $300 for cleaning and provided an invoice in support of the claim. The amount claimed is for part of the cleaning undertaken and not the full cost of the cleaning. Photographs were provided to show that cleaning was required. Rubbish removal was also required. The landlord claimed $550 for rubbish removal which was supported with an invoice and photographs of the rubbish present at the end of the tenancy. The amounts ordered for cleaning ($300) and rubbish removal ($550) are proved. Damage claims

BROKEN WINDOWS

The landlord says a window was broken in March 2020. The landlord provided an invoice in support of the claim but did not have a photograph of the damage. This is understandable given the damage occurred during the Covid-19 lockdown. The landlord also claimed compensation for a broken window in early 2025. The landlord did not have a photograph of the damage but I accept that claim is proven with the invoice provided. The amount claimed was $520 and $515.20 less payments made by the tenant. The amount ordered is $932.62 in accordance with the final amount due in the tenancy invoices report.
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

REPAIR TO LIGHT SHADES

The landlord claimed $180 for replacement light shades that had been removed. An invoice, pre-tenancy and post-tenancy photographs were provided in support of the claim. The landlord said the light shades were approximately 8 years old. The IRD 265 General depreciation rates say lamp shades have an 10 See Guo v Korck [2019] NZHC 1541. estimated useful lifespan of 10 years. I will therefore deduct 80% of the amount claimed to reflect betterment and depreciation.
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered of $36 is proved.

WALL REPAIRS

The landlord claims $750 compensation for wall repairs. The landlord provided photographs of damage to the walls throughout the premises. The landlord confirmed that the damage was not present at the commencement of the tenancy. The amount claimed is for repairs and patchwork, therefore there is no deduction for betterment and depreciation
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered of $750 is proved. Filing Fee - $28
Because the landlord has been wholly or partly successful in their claim, I have ordered that the tenant reimburse the filing fee. 11 Bond - $1720
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 12

Claims and awards in Tenancy Tribunal application 5318400 — net $980.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.4.25	$104.29	Rent arrears to 28.4.25
Cleaning	$300.00	Cleaning
Rubbish removal	$550.00	Rubbish removal
Window repairs	$932.62	Window repairs
Replace furnishings: Light shades	$36.00	Replace furnishings: Light shades
Repairs: wall repairs	$750.00	Repairs: wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$980.91
Total payable by Tenant to Landlord	$980.91

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Rebecca Sumeran must pay [The landlord/s] $980.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant did not connect to the remote hearing and was telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The tenant applied for an adjournment the day before the hearing for personal reasons. The adjournment application was declined as this matter has already been adjourned, no supporting documentation was provided in support of the adjournment and this matter requires resolution. The tenant said she did not have access to a phone however the tenant was offered the option of attending by phone from her local court. She did not take up that offer. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond, 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.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 28 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $104.29.

How much is owed for water rates?

The landlord had applied for water rates, however as discussed at the hearing, I consider it appropriate in reflecting the payments made by the tenant to the tenancy invoices (for water rates and window repairs) that the water rates are treated as paid by the tenant and I will deal with the window damage separately. The Law – tenant’s 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, leave the premises (including the land provided with the premises) 1 See section 40 (1)(a) of the RTA. reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 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. 4
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. 5
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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9
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 2 See section 40(1)(e) of the RTA. 3 See s 40 (2)(a) of the RTA. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 See section 49B(3)(a) RTA. 7 See section 49B(3)(b) RTA. 8 See section 49B(3A)(a) RTA. 9 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 10
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 claims Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claimed $300 for cleaning and provided an invoice in support of the claim. The amount claimed is for part of the cleaning undertaken and not the full cost of the cleaning. Photographs were provided to show that cleaning was required. Rubbish removal was also required. The landlord claimed $550 for rubbish removal which was supported with an invoice and photographs of the rubbish present at the end of the tenancy. The amounts ordered for cleaning ($300) and rubbish removal ($550) are proved. Damage claims

BROKEN WINDOWS

The landlord says a window was broken in March 2020. The landlord provided an invoice in support of the claim but did not have a photograph of the damage. This is understandable given the damage occurred during the Covid-19 lockdown. The landlord also claimed compensation for a broken window in early 2025. The landlord did not have a photograph of the damage but I accept that claim is proven with the invoice provided. The amount claimed was $520 and $515.20 less payments made by the tenant. The amount ordered is $932.62 in accordance with the final amount due in the tenancy invoices report.
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

REPAIR TO LIGHT SHADES

The landlord claimed $180 for replacement light shades that had been removed. An invoice, pre-tenancy and post-tenancy photographs were provided in support of the claim. The landlord said the light shades were approximately 8 years old. The IRD 265 General depreciation rates say lamp shades have an 10 See Guo v Korck [2019] NZHC 1541. estimated useful lifespan of 10 years. I will therefore deduct 80% of the amount claimed to reflect betterment and depreciation.
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered of $36 is proved.

WALL REPAIRS

The landlord claims $750 compensation for wall repairs. The landlord provided photographs of damage to the walls throughout the premises. The landlord confirmed that the damage was not present at the commencement of the tenancy. The amount claimed is for repairs and patchwork, therefore there is no deduction for betterment and depreciation
The damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered of $750 is proved. Filing Fee - $28
Because the landlord has been wholly or partly successful in their claim, I have ordered that the tenant reimburse the filing fee. 11 Bond - $1720
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 12

Tenancy Tribunal case 5318400 — Property damage

At a glance

Tenancy Tribunal case 5318400 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

BROKEN WINDOWS

REPAIR TO LIGHT SHADES

WALL REPAIRS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

BROKEN WINDOWS

REPAIR TO LIGHT SHADES

WALL REPAIRS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions