What was Tenancy Tribunal case 5318513 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 5318513?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $50.28 awarded to landlord

What type of tenancy dispute was case 5318513?

The dispute type was not classified.

Where can I read the official tribunal order for case 5318513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12828192-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5318513 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 5318513?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $207.00 awarded to landlord; Water Rates: $50.28 awarded to landlord

What type of tenancy dispute was case 5318513?

The dispute type was not classified.

Where can I read the official tribunal order for case 5318513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12828192-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5318513 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5318513 — net $285.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 12 July 2025	$50.28	Water rates to 12 July 2025
Rubbish removal	$207.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$285.28
Total payable by Tenant to Landlord	$285.28

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 014.

The landlord has applied for compensation, outgoings and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 12 July 2025. The landlord provided water rates records which prove the amount owing of $50.28 at the end of the tenancy.

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 (RTA).

The landlord says that the tenant did not remove all rubbish, and they were required to engage a cleaning company to remove the rubbish at the quoted amount of $207.00. Evidence of this cost has been provided.

The amount ordered is 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 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 claims for vacated damages including items that were left at the property for the tenant, but were placed on the balcony, water damaged and had to be disposed of and replaced. This included a stick vacuum, an ironing board and a gaming chair at the total claimed amount of $569.00.

The amount claimed is based on screenshots from retailers.

I do not have any photographs of these items on the balcony, or evidence of them at the commencement of the tenancy. They are not explicitly included in the tenancy agreement (although I note other items of furniture are). Accordingly, I do not consider that I have sufficient information to prove that it was more likely than not that these items were damaged during the tenancy.

The clam for vacated damages is therefore dismissed.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 05 December 2025

Claims and awards in Tenancy Tribunal application 5318513 — net $285.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 12 July 2025	$50.28	Water rates to 12 July 2025
Rubbish removal	$207.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$285.28
Total payable by Tenant to Landlord	$285.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jaemoo Roh must pay [The landlord/s] $285.28 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 014.
The landlord has applied for compensation, outgoings and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 12 July 2025. The landlord provided water rates records which prove the amount owing of $50.28 at the end of the tenancy.

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 (RTA).
The landlord says that the tenant did not remove all rubbish, and they were required to engage a cleaning company to remove the rubbish at the quoted amount of $207.00. Evidence of this cost has been provided.
The amount ordered is 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 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 claims for vacated damages including items that were left at the property for the tenant, but were placed on the balcony, water damaged and had to be disposed of and replaced. This included a stick vacuum, an ironing board and a gaming chair at the total claimed amount of $569.00.
The amount claimed is based on screenshots from retailers.
I do not have any photographs of these items on the balcony, or evidence of them at the commencement of the tenancy. They are not explicitly included in the tenancy agreement (although I note other items of furniture are). Accordingly, I do not consider that I have sufficient information to prove that it was more likely than not that these items were damaged during the tenancy.
The clam for vacated damages is therefore dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 05 December 2025

Tenancy Tribunal case 5318513 — Tenancy dispute

At a glance

Tenancy Tribunal case 5318513 — Tenancy dispute

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