What was Tenancy Tribunal case 5319184 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 5319184?

Property Damage: $147.00 awarded to landlord; Cleaning: $550.80 awarded to landlord; Cleaning: $200.00 awarded to landlord; Cleaning: $40.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Manual Reconnection Of Power To Hous…: $170.00 awarded to landlord; Painting And Sanding Supplies For Wa…: $261.61 awarded to landlord; Property Damage: $321.78 awarded to landlord; Rent Arrears: $4,730.47 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Property Damage: $52.14 awarded to landlord; Property Damage: $400.00 awarded to landlord; Doorknob between hallway and lounge…: $90.10 awarded to landlord; Kitchen Tap: $46.49 awarded to landlord; Replace wallpaper in lounge and bedr…: $3,450.00 awarded to landlord; Property Damage: $502.14 awarded to landlord; Property Damage: $150.00 awarded to landlord; Replace Mains Power Meter: $1,200.00 awarded to landlord; Replace Sub Meter: $170.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Stolen Second Hand Fridge: $220.13 awarded to landlord; Water Rates: $2,042.43 awarded to landlord

What type of tenancy dispute was case 5319184?

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

Where can I read the official tribunal order for case 5319184?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710527-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5319184 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 5319184?

Property Damage: $147.00 awarded to landlord; Cleaning: $550.80 awarded to landlord; Cleaning: $200.00 awarded to landlord; Cleaning: $40.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Manual Reconnection Of Power To Hous…: $170.00 awarded to landlord; Painting And Sanding Supplies For Wa…: $261.61 awarded to landlord; Property Damage: $321.78 awarded to landlord; Rent Arrears: $4,730.47 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Property Damage: $52.14 awarded to landlord; Property Damage: $400.00 awarded to landlord; Doorknob between hallway and lounge…: $90.10 awarded to landlord; Kitchen Tap: $46.49 awarded to landlord; Replace wallpaper in lounge and bedr…: $3,450.00 awarded to landlord; Property Damage: $502.14 awarded to landlord; Property Damage: $150.00 awarded to landlord; Replace Mains Power Meter: $1,200.00 awarded to landlord; Replace Sub Meter: $170.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Stolen Second Hand Fridge: $220.13 awarded to landlord; Water Rates: $2,042.43 awarded to landlord

What type of tenancy dispute was case 5319184?

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

Where can I read the official tribunal order for case 5319184?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710527-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5319184 — Rent arrears

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New Zealand Tenancy Tribunal Case 5319184 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5319184 — net $16,323.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$4,730.47	Rent arrears to 7 August 2025
Water rates: (Last 10 months of the tenancy	$2,042.43	Water rates: (Last 10 months of the tenancy
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning	$200.00	Cleaning
Carpet Cleaning: removal of stains	$550.80	Carpet Cleaning: removal of stains
Rubbish removal	$350.00	Rubbish removal
Repairs: Damage to outer wall of house by stairs	$400.00	Repairs: Damage to outer wall of house by stairs
Repairs: Shower base and waste trap and benchtop repair	$502.14	Repairs: Shower base and waste trap and benchtop repair
Repairs: Single cupboard top shelf damage	$150.00	Repairs: Single cupboard top shelf damage
Repairs: Doorknob between hallway and lounge missing	$90.10	Repairs: Doorknob between hallway and lounge missing
Stolen second hand fridge	$220.13	Stolen second hand fridge
Repairs: Bathroom towel rail damaged	$52.14	Repairs: Bathroom towel rail damaged
Lock/key replacement	$321.78	Lock/key replacement
Painting and sanding supplies for walls in lounge and bedrooms	$261.61	Painting and sanding supplies for walls in lounge and bedrooms
Repairs: Kitchen tap	$46.49	Repairs: Kitchen tap
Replace mains power meter	$1,200.00	Replace mains power meter
Replace sub meter	$170.00	Replace sub meter
Manual reconnection of power to house	$170.00	Manual reconnection of power to house
___________________________________________________________________________ 5319184, 52861612 Repairs: Stripping wallpap	$147.00	___________________________________________________________________________ 5319184, 52861612 Repairs: Stripping wallpap
Cleaning: Deck	$40.00	Cleaning: Deck
Rent arrears from 8 to 22 August 2025 as tenant failed to give notice of early exit	$1,500.00	Rent arrears from 8 to 22 August 2025 as tenant failed to give notice of early exit
Exemplary damages- Tenant failing to allow landlord to enter upon premises in circumstances where landlord entitled to e	$1,500.00	Tenant failing to allow landlord to enter upon premises in circumstances where landlord entitled to e
Exemplary damages- Tenant failing to ensure number of residents does not exceed maximum allowed	$1,000.00	Tenant failing to ensure number of residents does not exceed maximum allowed
Repairs: Replace wallpaper in lounge and bedrooms	$3,450.00	Repairs: Replace wallpaper in lounge and bedrooms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$16,323.09
Total payable by Tenant to Landlord	$16,323.09

Claims and awards for application 5319184 — net $16,323.09 NZD. Verify on MoJ.

Rent arrears to 7 August 2025

Amount: $4,730.47
Awarded to: Landlord
Reason: Rent arrears to 7 August 2025

Water rates: (Last 10 months of the tenancy

Amount: $2,042.43
Awarded to: Landlord
Reason: Water rates: (Last 10 months of the tenancy

Lawns and Garden work

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: removal of stains

Amount: $550.80
Awarded to: Landlord
Reason: Carpet Cleaning: removal of stains

Claim types — money lines allowed on this order

Property damage Carpet Cleaning Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Alice Numia Tuifua must pay [The landlords] $16,323.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlords] immediately.

Reasons

The landlords attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The tenant applied for compensation, general damages, exemplary damages and reimbursement of the filing fee. The tenant’s claims are dismissed as the tenant did not attend the hearing today to present her claims and respond to the landlord’s defence to those claims.
The landlords applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

LANDLORDS CLAIMS

How much is owed for rent and water rates?

The tenancy ended on 22 August 2025 in accordance with the termination notice issued to the tenant by the landlords on 23 May 2025. The tenant moved out earlier, on 7 August 2025, without giving the landlord the required notice.
The landlords provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. 5319184, 52861613

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the house, deck or yard reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys provided to her.
The refrigerator was missing at the end of the tenancy and the tenant refused to return it to the landlord.
The amounts ordered are 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. 5319184, 52861614
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 landlords have provided photographic evidence that proves the following damage was caused by the tenant or persons in the premise with the tenant’s permission during the tenancy: a. Intentional damage to the outer wall of the house by the steps that looks like the tenant has kicked holes in the wall. The landlord says she noticed this damage in December 2024 during a routine property inspection and the tenant berated her and threatened her so she felt she could not pursue the cost of this damage at that time; b. Carless damage to the shower base, waste trap and benchtop. The landlord noted the tenant had cracked the shower base three times during the tenancy;. c. Single cupboard top shelf damaged; d. Doorknob between hallway and lounge room was removed; e. Bathroom towel rail rod and connecting pieces were removed and to damaged to reinstall; f. The walls in the lounge and bedrooms were damaged and the wallpaper covering them were also damaged; g. Kitchen tap damaged; h. The tenant had intentionally removed the main power meter and submeter and the mains power had been disconnected and needed to be reconnected manually by the power supplier after the meters had been replaced.
I am satisfied the landlords have proven that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. 5319184, 52861615 Did the tenant fail to allow the landlord to enter the premises in circumstances where landlord was entitled to enter?
[The landlords] claims the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
The landlord has produced evidence that proves on the balance of probabilities the tenant she accepted a schedule appointment for 19 July 2025 for the landlords to undertake a routine property inspection. The landlords confirmed that when they arrived to carry out this inspection, the tenant’s sister would not let them enter the house and made them leave the premise just before they finished their yard inspection. The landlords are required to carry out three monthly routine inspections or their insurance is invalidated. The female landlord says the tenant has been very rude and threatening to her and her daughter, such as threatening to put excrement from the toilet in her car, calling her daughter four eyes and making derogatory remarks about the female landlord and intimidating her.
Additionally, the landlord has proven the tenant unreasonably refused to allow the landlords to hold viewings for the premise during the 90 days termination notice period and then left the property early with significant damage that has meant the house is still not able to be rented out until the remedial works have all been fully completed. The female landlord said the tenant told her she could not do these viewing at all when the tenant was paying rent. The female landlord noted that the tenant stopped paying rent on 25 June 2025 and the landlords were able to bring potential new tenants through for viewings during the notice period. The landlord says the tenant was deliberately obstructive because she was angry about the tenancy being terminated.
I find the tenant has committed two unlawful acts when she has unreasonably withheld access to the premise in circumstances where the landlords were legally entitled to enter.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant or persons in the premise with her consent have intentionally not allowed the landlords entry to the premise in circumstances 5319184, 52861616 where they were entitled to enter, and it would be it would be just to require the tenant to pay a sum in the nature of $1,500.00 of exemplary damages (the maximum penalty available), because: a. The tenant was aware of the requirement to allow entry to the landlords, on having received the requisite notice, and she did not; b. The tenant did not ensure the other occupants of the house did not fail to allow entry to the landlords, when she had received the requisite notice for those types of entry requests; c. The impact on the landlords of not having is that they were denied the opportunity to check the premise was being well cared for, their insurance cover was put at risk, and they were unable to relet the premise; d. It is in the interests of the landlords to be compensated for the tenant’s failure to allow the landlords entry to the premise in circumstances where they were entitled to enter; e. It is in the public interest to penalise tenants that intentionally breach the law and fail to provide entry to the premise in circumstances where a landlord is entitled to enter. Did the tenant exceed the maximum number of occupants allowed in the tenancy agreement ?
[The landlords] claims the tenant has had her parents and siblings living in the house with her and her two children, resulting in there being at least 5 adults and 2 children occupying the premise when the tenancy agreement only provides for a maximum of 3 adults and two children to occupy the house.
Section 40(3) of the RTA states: “Where the tenancy agreement specifies a maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant shall ensure that no more than that number ordinarily reside in the premises at any time during the tenancy”.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40 (3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The landlord has produced evidence that proves on the balance of probabilities the tenant had more than the maximum number of occupants living in the house for the majority of the tenancy, and she refused to remove the excess number of persons living at the premise. The landlords proved they issued the tenant with 14-day notices in relation to this issue on 27 February 2024, 15 November 2024 and 27 April 2025 and she ignored these notices, and they say she became threatening and abusive to the landlords. 5319184, 52861617
I find the tenant has committed an unlawful act by failing to ensure the maximum number of occupants allowed under the tenancy agreement was not exceeded.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant has breached the terms of the tenancy agreement intentionally and for a prolonged period, and it would be it would be just to require the tenant to pay $1,000.00 of exemplary damages (the maximum penalty available), because: a. The tenant was aware of the requirement not to have more than three adults and two children living at the premise at any one time; b. The tenant did not ensure she did not have more than three adults and two children living at the premise at any one time, despite being issued 14 day notices about the ongoing breach of the tenancy agreement; c. The impact on the landlords was that the premise was overcrowded and there was more wear and tear on the premise and its facilities; d. It is in the interests of the landlords to be compensated for the tenant’s failure to not exceed the maximum number of occupants provided for in the tenancy agreement; e. It is in the public interest to penalise tenants that intentionally breach the law and fail to comply with the terms of their tenancy agreements. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlords apply for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5319184, 52861618
The landlords have substantially succeeded in their proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5319184 — net $16,323.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$4,730.47	Rent arrears to 7 August 2025
Water rates: (Last 10 months of the tenancy	$2,042.43	Water rates: (Last 10 months of the tenancy
Lawns and Garden work	$200.00	Lawns and Garden work
Cleaning	$200.00	Cleaning
Carpet Cleaning: removal of stains	$550.80	Carpet Cleaning: removal of stains
Rubbish removal	$350.00	Rubbish removal
Repairs: Damage to outer wall of house by stairs	$400.00	Repairs: Damage to outer wall of house by stairs
Repairs: Shower base and waste trap and benchtop repair	$502.14	Repairs: Shower base and waste trap and benchtop repair
Repairs: Single cupboard top shelf damage	$150.00	Repairs: Single cupboard top shelf damage
Repairs: Doorknob between hallway and lounge missing	$90.10	Repairs: Doorknob between hallway and lounge missing
Stolen second hand fridge	$220.13	Stolen second hand fridge
Repairs: Bathroom towel rail damaged	$52.14	Repairs: Bathroom towel rail damaged
Lock/key replacement	$321.78	Lock/key replacement
Painting and sanding supplies for walls in lounge and bedrooms	$261.61	Painting and sanding supplies for walls in lounge and bedrooms
Repairs: Kitchen tap	$46.49	Repairs: Kitchen tap
Replace mains power meter	$1,200.00	Replace mains power meter
Replace sub meter	$170.00	Replace sub meter
Manual reconnection of power to house	$170.00	Manual reconnection of power to house
___________________________________________________________________________ 5319184, 52861612 Repairs: Stripping wallpap	$147.00	___________________________________________________________________________ 5319184, 52861612 Repairs: Stripping wallpap
Cleaning: Deck	$40.00	Cleaning: Deck
Rent arrears from 8 to 22 August 2025 as tenant failed to give notice of early exit	$1,500.00	Rent arrears from 8 to 22 August 2025 as tenant failed to give notice of early exit
Exemplary damages- Tenant failing to allow landlord to enter upon premises in circumstances where landlord entitled to e	$1,500.00	Tenant failing to allow landlord to enter upon premises in circumstances where landlord entitled to e
Exemplary damages- Tenant failing to ensure number of residents does not exceed maximum allowed	$1,000.00	Tenant failing to ensure number of residents does not exceed maximum allowed
Repairs: Replace wallpaper in lounge and bedrooms	$3,450.00	Repairs: Replace wallpaper in lounge and bedrooms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$16,323.09
Total payable by Tenant to Landlord	$16,323.09

Claims and awards for application 5319184 — net $16,323.09 NZD. Verify on MoJ.

Rent arrears to 7 August 2025

Amount: $4,730.47
Awarded to: Landlord
Reason: Rent arrears to 7 August 2025

Water rates: (Last 10 months of the tenancy

Amount: $2,042.43
Awarded to: Landlord
Reason: Water rates: (Last 10 months of the tenancy

Lawns and Garden work

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: removal of stains

Amount: $550.80
Awarded to: Landlord
Reason: Carpet Cleaning: removal of stains

Claim types — money lines allowed on this order

Property damage Carpet Cleaning Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Alice Numia Tuifua must pay [The landlords] $16,323.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlords] immediately.

Reasons

The landlords attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The tenant applied for compensation, general damages, exemplary damages and reimbursement of the filing fee. The tenant’s claims are dismissed as the tenant did not attend the hearing today to present her claims and respond to the landlord’s defence to those claims.
The landlords applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

LANDLORDS CLAIMS

How much is owed for rent and water rates?

The tenancy ended on 22 August 2025 in accordance with the termination notice issued to the tenant by the landlords on 23 May 2025. The tenant moved out earlier, on 7 August 2025, without giving the landlord the required notice.
The landlords provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. 5319184, 52861613

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the house, deck or yard reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys provided to her.
The refrigerator was missing at the end of the tenancy and the tenant refused to return it to the landlord.
The amounts ordered are 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. 5319184, 52861614
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 landlords have provided photographic evidence that proves the following damage was caused by the tenant or persons in the premise with the tenant’s permission during the tenancy: a. Intentional damage to the outer wall of the house by the steps that looks like the tenant has kicked holes in the wall. The landlord says she noticed this damage in December 2024 during a routine property inspection and the tenant berated her and threatened her so she felt she could not pursue the cost of this damage at that time; b. Carless damage to the shower base, waste trap and benchtop. The landlord noted the tenant had cracked the shower base three times during the tenancy;. c. Single cupboard top shelf damaged; d. Doorknob between hallway and lounge room was removed; e. Bathroom towel rail rod and connecting pieces were removed and to damaged to reinstall; f. The walls in the lounge and bedrooms were damaged and the wallpaper covering them were also damaged; g. Kitchen tap damaged; h. The tenant had intentionally removed the main power meter and submeter and the mains power had been disconnected and needed to be reconnected manually by the power supplier after the meters had been replaced.
I am satisfied the landlords have proven that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. 5319184, 52861615 Did the tenant fail to allow the landlord to enter the premises in circumstances where landlord was entitled to enter?
[The landlords] claims the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
The landlord has produced evidence that proves on the balance of probabilities the tenant she accepted a schedule appointment for 19 July 2025 for the landlords to undertake a routine property inspection. The landlords confirmed that when they arrived to carry out this inspection, the tenant’s sister would not let them enter the house and made them leave the premise just before they finished their yard inspection. The landlords are required to carry out three monthly routine inspections or their insurance is invalidated. The female landlord says the tenant has been very rude and threatening to her and her daughter, such as threatening to put excrement from the toilet in her car, calling her daughter four eyes and making derogatory remarks about the female landlord and intimidating her.
Additionally, the landlord has proven the tenant unreasonably refused to allow the landlords to hold viewings for the premise during the 90 days termination notice period and then left the property early with significant damage that has meant the house is still not able to be rented out until the remedial works have all been fully completed. The female landlord said the tenant told her she could not do these viewing at all when the tenant was paying rent. The female landlord noted that the tenant stopped paying rent on 25 June 2025 and the landlords were able to bring potential new tenants through for viewings during the notice period. The landlord says the tenant was deliberately obstructive because she was angry about the tenancy being terminated.
I find the tenant has committed two unlawful acts when she has unreasonably withheld access to the premise in circumstances where the landlords were legally entitled to enter.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant or persons in the premise with her consent have intentionally not allowed the landlords entry to the premise in circumstances 5319184, 52861616 where they were entitled to enter, and it would be it would be just to require the tenant to pay a sum in the nature of $1,500.00 of exemplary damages (the maximum penalty available), because: a. The tenant was aware of the requirement to allow entry to the landlords, on having received the requisite notice, and she did not; b. The tenant did not ensure the other occupants of the house did not fail to allow entry to the landlords, when she had received the requisite notice for those types of entry requests; c. The impact on the landlords of not having is that they were denied the opportunity to check the premise was being well cared for, their insurance cover was put at risk, and they were unable to relet the premise; d. It is in the interests of the landlords to be compensated for the tenant’s failure to allow the landlords entry to the premise in circumstances where they were entitled to enter; e. It is in the public interest to penalise tenants that intentionally breach the law and fail to provide entry to the premise in circumstances where a landlord is entitled to enter. Did the tenant exceed the maximum number of occupants allowed in the tenancy agreement ?
[The landlords] claims the tenant has had her parents and siblings living in the house with her and her two children, resulting in there being at least 5 adults and 2 children occupying the premise when the tenancy agreement only provides for a maximum of 3 adults and two children to occupy the house.
Section 40(3) of the RTA states: “Where the tenancy agreement specifies a maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant shall ensure that no more than that number ordinarily reside in the premises at any time during the tenancy”.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40 (3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The landlord has produced evidence that proves on the balance of probabilities the tenant had more than the maximum number of occupants living in the house for the majority of the tenancy, and she refused to remove the excess number of persons living at the premise. The landlords proved they issued the tenant with 14-day notices in relation to this issue on 27 February 2024, 15 November 2024 and 27 April 2025 and she ignored these notices, and they say she became threatening and abusive to the landlords. 5319184, 52861617
I find the tenant has committed an unlawful act by failing to ensure the maximum number of occupants allowed under the tenancy agreement was not exceeded.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant has breached the terms of the tenancy agreement intentionally and for a prolonged period, and it would be it would be just to require the tenant to pay $1,000.00 of exemplary damages (the maximum penalty available), because: a. The tenant was aware of the requirement not to have more than three adults and two children living at the premise at any one time; b. The tenant did not ensure she did not have more than three adults and two children living at the premise at any one time, despite being issued 14 day notices about the ongoing breach of the tenancy agreement; c. The impact on the landlords was that the premise was overcrowded and there was more wear and tear on the premise and its facilities; d. It is in the interests of the landlords to be compensated for the tenant’s failure to not exceed the maximum number of occupants provided for in the tenancy agreement; e. It is in the public interest to penalise tenants that intentionally breach the law and fail to comply with the terms of their tenancy agreements. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlords apply for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5319184, 52861618
The landlords have substantially succeeded in their proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5319184 — Rent arrears

At a glance

Tenancy Tribunal case 5319184 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

LANDLORDS CLAIMS

How much is owed for rent and 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

LANDLORDS CLAIMS

How much is owed for rent and 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