What was Tenancy Tribunal case 5320731 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,826.00

How much money was awarded in case 5320731?

Access Tag: $100.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $268.00 awarded to landlord; Kitchen Cabinet: $950.00 awarded to landlord; Wall Heater: $150.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 5320731?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5320731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12627537-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5320731 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,826.00

How much money was awarded in case 5320731?

Access Tag: $100.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $268.00 awarded to landlord; Kitchen Cabinet: $950.00 awarded to landlord; Wall Heater: $150.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 5320731?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5320731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12627537-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 915, 72 Nelson Street, Auckland Central, Tenancy Tribunal Case 5320731 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5320731 — net $1,826.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$268.00	Lock/key replacement
Access tag	$100.00	Access tag
Repairs: Kitchen cabinet	$950.00	Repairs: Kitchen cabinet
Repairs: Wall heater	$150.00	Repairs: Wall heater
Rubbish removal	$150.00	Rubbish removal
Cleaning	$180.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,826.00
Total payable by Tenant to Landlord	$1,826.00

The landlord attended the hearing by video. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. I am satisfied that the tenant has been served with the landlord’s application in accordance with the service provisions 1 and so the hearing proceeded in the tenant’s absence.

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

The tenancy ended on 16 June 2025 due to an order 2 made by the Tribunal.

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

The tenant 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. 1 Section 91A Residential Tenancies Act 1986 2 TT5194851

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: kitchen cabinet and wall heater removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5320731 — net $1,826.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$268.00	Lock/key replacement
Access tag	$100.00	Access tag
Repairs: Kitchen cabinet	$950.00	Repairs: Kitchen cabinet
Repairs: Wall heater	$150.00	Repairs: Wall heater
Rubbish removal	$150.00	Rubbish removal
Cleaning	$180.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,826.00
Total payable by Tenant to Landlord	$1,826.00

Order

[The tenant/s] must pay [The landlord/s] $1,826.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. I am satisfied that the tenant has been served with the landlord’s application in accordance with the service provisions 1 and so the hearing proceeded in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 16 June 2025 due to an order 2 made by the Tribunal.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant 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. 1 Section 91A Residential Tenancies Act 1986 2 TT5194851
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: kitchen cabinet and wall heater removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5320731 — Property damage at Unit/Flat Flat 915, 72 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5320731 — Property damage at Unit/Flat Flat 915, 72 Nelson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

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

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