What was Tenancy Tribunal case 5319279 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 5319279?

Cleaning: $201.25 awarded to landlord; Cleaning: $385.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $423.30 awarded to landlord; Property Damage: $1,125.00 awarded to landlord; Rent Arrears: $7,440.00 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord

What type of tenancy dispute was case 5319279?

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

Where can I read the official tribunal order for case 5319279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599341-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5319279 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 5319279?

Cleaning: $201.25 awarded to landlord; Cleaning: $385.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $423.30 awarded to landlord; Property Damage: $1,125.00 awarded to landlord; Rent Arrears: $7,440.00 awarded to landlord; Rubbish Removal: $1,725.00 awarded to landlord

What type of tenancy dispute was case 5319279?

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

Where can I read the official tribunal order for case 5319279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599341-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 19 North Road, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 5319279 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5319279 — net $11,327.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2025	$7,440.00	Rent arrears to 1 July 2025
Lock/key replacement	$423.30	Lock/key replacement
Rubbish removal & repairs	$1,725.00	Rubbish removal & repairs
Cleaning	$385.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Replace damaged stove	$1,125.00	Replace damaged stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$11,327.55
Total payable by Tenant to Landlord	$11,327.55

The hearing was held by video conference. The landlord attended by telephone. The tenants did not attend the hearing. The tenants were contacted on the contact number provided but without success. I am satisfied that proper service of the hearing notice has been completed and considered it reasonable to proceed with the hearing in the tenants’ absence.

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

How much is owed for rent?

The landlord explained that at the end of June 2025 she had received a call from the tenant’s daughter who advised that they had moved out, without any notice. In the circumstances, I accept the end date of the tenancy being 1 July 2025. The landlord provided rent records which prove the amount owing 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.

The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenants did not return the keys.

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 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 following damage was caused during the tenancy: there were holes in the walls throughout, the door was smashed and the oven was damaged and left outside. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The oven was new at the start of the tenancy. The estimated life of ovens in rental properties is 8 years. With the oven being approximately 2 years old (25% of its estimated life), the tenant is liable for the remaining 75%. I award $1,125.00 being 75% of the replacement cost.

As the landlords have wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlords’ names and identifying details.

Claims and awards in Tenancy Tribunal application 5319279 — net $11,327.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2025	$7,440.00	Rent arrears to 1 July 2025
Lock/key replacement	$423.30	Lock/key replacement
Rubbish removal & repairs	$1,725.00	Rubbish removal & repairs
Cleaning	$385.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Replace damaged stove	$1,125.00	Replace damaged stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$11,327.55
Total payable by Tenant to Landlord	$11,327.55

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Shona Mary Rogers Rogers and Aiden Beau Rogers-Atkinson must pay [The landlord/s] $11,327.55 immediately, calculated as shown in the table below.

Reasons

The hearing was held by video conference. The landlord attended by telephone. The tenants did not attend the hearing. The tenants were contacted on the contact number provided but without success. I am satisfied that proper service of the hearing notice has been completed and considered it reasonable to proceed with the hearing in the tenants’ absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord explained that at the end of June 2025 she had received a call from the tenant’s daughter who advised that they had moved out, without any notice. In the circumstances, I accept the end date of the tenancy being 1 July 2025. The landlord provided rent records which prove the amount owing 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.
The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenants did not return the keys.
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 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 following damage was caused during the tenancy: there were holes in the walls throughout, the door was smashed and the oven was damaged and left outside. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The oven was new at the start of the tenancy. The estimated life of ovens in rental properties is 8 years. With the oven being approximately 2 years old (25% of its estimated life), the tenant is liable for the remaining 75%. I award $1,125.00 being 75% of the replacement cost.
As the landlords have wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlords’ names and identifying details.

Tenancy Tribunal case 5319279 — Rent arrears at Unit/Flat A, 19 North Road, Kaitaia, Kaitaia 0410

At a glance

Tenancy Tribunal case 5319279 — Rent arrears at Unit/Flat A, 19 North Road, Kaitaia, Kaitaia 0410

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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