What was Tenancy Tribunal case 5321342 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Seddon Street Property Management

How much money was awarded in case 5321342?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $953.37 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Electrical: $605.24 awarded to landlord; Laundry Door: $115.00 awarded to landlord; Toilet Wall: $241.50 awarded to landlord; Rubbish Removal: $4,141.81 awarded to landlord

What type of tenancy dispute was case 5321342?

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

Where can I read the official tribunal order for case 5321342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12463112-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5321342 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Seddon Street Property Management

How much money was awarded in case 5321342?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $953.37 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Electrical: $605.24 awarded to landlord; Laundry Door: $115.00 awarded to landlord; Toilet Wall: $241.50 awarded to landlord; Rubbish Removal: $4,141.81 awarded to landlord

What type of tenancy dispute was case 5321342?

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

Where can I read the official tribunal order for case 5321342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12463112-Tenancy_Tribunal_Order.pdf.

31 Heather Street, Levin, Levin 5510 Tenancy Tribunal Case 5321342 — Property damage

Tenantcheck Insights

31 Heather Street, Levin, Levin 5510 Tenancy Tribunal Case 5321342 — Property damage | 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 5321342 — net $9,584.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$953.37	Rent arrears
Rubbish removal	$4,141.81	Rubbish removal
Repairs: 7 insurance excesses	$3,500.00	Repairs: 7 insurance excesses
Repairs: toilet wall	$241.50	Repairs: toilet wall
Repairs: laundry door	$115.00	Repairs: laundry door
Repairs: electrical	$605.24	Repairs: electrical
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,584.92
Total payable by Tenant to Landlord	$9,584.92

Claims and awards for application 5321342 — net $9,584.92 NZD. Verify on MoJ.

Rent arrears

Amount: $953.37
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $4,141.81
Awarded to: Landlord
Reason: Rubbish removal

Repairs: 7 insurance excesses

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs: 7 insurance excesses

Repairs: toilet wall

Amount: $241.50
Awarded to: Landlord
Reason: Repairs: toilet wall

Repairs: laundry door

Amount: $115.00
Awarded to: Landlord
Reason: Repairs: laundry door

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Seddon Street Property Management Limited As Agent For Andrew Fitzslmons & Marg Ross (Toi Trust 2) $9,584.92 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$953.37 Rubbish removal$4,141.81 Repairs: 7 insurance excesses$3,500.00 Repairs: toilet wall$241.50 Repairs: laundry door$115.00 Repairs: electrical$605.24 Filing fee reimbursement$28.00 Total award$9,584.92 Total payable by Tenant to Landlord$9,584.92

Reasons

The landlord attended the hearing.
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 tenancy ended on 6 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence shows that the tenant took what she wanted from the property, left behind a substantial amount of rubbish and made no attempt to clean the property.
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 landlord provided photographic evidence of extensive damage to the property. The walls of every room and the hallway, many doors, and many light and electrical fittings were all extensively damaged. The carpets were so badly stained and soiled that they required replacement. In addition, the stove was missing from the property, presumably stolen.
From the nature and extent of the damage, it was intentional damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because the landlord has only claimed the amount of its insurance excess or such smaller sum as was less than the excess, it is not appropriate to deduct any amount for betterment or depreciation.
The amounts ordered are proved.
Because Seddon Street Property Management Limited As Agent For Andrew Fitzslmons & Marg Ross (Toi Trust 2) has wholly succeeded with the claim I must reimburse the filing fee.

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 5321342 — net $9,584.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$953.37	Rent arrears
Rubbish removal	$4,141.81	Rubbish removal
Repairs: 7 insurance excesses	$3,500.00	Repairs: 7 insurance excesses
Repairs: toilet wall	$241.50	Repairs: toilet wall
Repairs: laundry door	$115.00	Repairs: laundry door
Repairs: electrical	$605.24	Repairs: electrical
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,584.92
Total payable by Tenant to Landlord	$9,584.92

Claims and awards for application 5321342 — net $9,584.92 NZD. Verify on MoJ.

Rent arrears

Amount: $953.37
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $4,141.81
Awarded to: Landlord
Reason: Rubbish removal

Repairs: 7 insurance excesses

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs: 7 insurance excesses

Repairs: toilet wall

Amount: $241.50
Awarded to: Landlord
Reason: Repairs: toilet wall

Repairs: laundry door

Amount: $115.00
Awarded to: Landlord
Reason: Repairs: laundry door

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Seddon Street Property Management Limited As Agent For Andrew Fitzslmons & Marg Ross (Toi Trust 2) $9,584.92 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$953.37 Rubbish removal$4,141.81 Repairs: 7 insurance excesses$3,500.00 Repairs: toilet wall$241.50 Repairs: laundry door$115.00 Repairs: electrical$605.24 Filing fee reimbursement$28.00 Total award$9,584.92 Total payable by Tenant to Landlord$9,584.92

Reasons

The landlord attended the hearing.
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 tenancy ended on 6 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence shows that the tenant took what she wanted from the property, left behind a substantial amount of rubbish and made no attempt to clean the property.
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 landlord provided photographic evidence of extensive damage to the property. The walls of every room and the hallway, many doors, and many light and electrical fittings were all extensively damaged. The carpets were so badly stained and soiled that they required replacement. In addition, the stove was missing from the property, presumably stolen.
From the nature and extent of the damage, it was intentional damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because the landlord has only claimed the amount of its insurance excess or such smaller sum as was less than the excess, it is not appropriate to deduct any amount for betterment or depreciation.
The amounts ordered are proved.
Because Seddon Street Property Management Limited As Agent For Andrew Fitzslmons & Marg Ross (Toi Trust 2) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5321342 — Property damage at 31 Heather Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5321342 — Property damage at 31 Heather Street, Levin, Levin 5510

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.