What was Tenancy Tribunal case 5321383 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 5321383?

Bailiff Costs: $258.00 awarded to landlord; Cleaning: $345.00 awarded to landlord; Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,514.27 awarded to landlord; Bedroom/Bathroom Veneer Doors: $1,000.00 awarded to landlord; Chandelier/Exterior Light Fitting: $200.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Deck: $400.00 awarded to landlord; Insect Mesh: $287.50 awarded to landlord; Kitchen Cabinet Door: $460.00 awarded to landlord; Replacing Gas Hob Burner Plate: $172.50 awarded to landlord; Toilet Plumbing/Unblocking: $287.50 awarded to landlord; Toilet Seat: $50.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $1,306.40 awarded to landlord; Replace Furnishings: Curtains: $402.50 awarded to landlord; Rubbish Removal: $3,852.50 awarded to landlord; Water Rates: $173.78 awarded to landlord

What type of tenancy dispute was case 5321383?

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

Where can I read the official tribunal order for case 5321383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12851497-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5321383 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 5321383?

Bailiff Costs: $258.00 awarded to landlord; Cleaning: $345.00 awarded to landlord; Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,514.27 awarded to landlord; Bedroom/Bathroom Veneer Doors: $1,000.00 awarded to landlord; Chandelier/Exterior Light Fitting: $200.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Deck: $400.00 awarded to landlord; Insect Mesh: $287.50 awarded to landlord; Kitchen Cabinet Door: $460.00 awarded to landlord; Replacing Gas Hob Burner Plate: $172.50 awarded to landlord; Toilet Plumbing/Unblocking: $287.50 awarded to landlord; Toilet Seat: $50.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $1,306.40 awarded to landlord; Replace Furnishings: Curtains: $402.50 awarded to landlord; Rubbish Removal: $3,852.50 awarded to landlord; Water Rates: $173.78 awarded to landlord

What type of tenancy dispute was case 5321383?

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

Where can I read the official tribunal order for case 5321383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12851497-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5321383 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5321383 — net $13,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/02/2025	$2,514.27	4. I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears.
Water rates	$173.78	Water rates
Bailiff costs	$258.00	Bailiff costs
Cleaning	$632.50	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Rubbish removal	$3,852.50	Rubbish removal
Replace furnishings: Carpet replacement	$1,306.40	Replace furnishings: Carpet replacement
Repairs: Damaged cupboard	$632.50	Repairs: Damaged cupboard
Repairs: Wall damage	$300.00	Repairs: Wall damage
Repairs: Replacing gas hob burner plate	$172.50	Repairs: Replacing gas hob burner plate
Repairs: Toilet seat	$50.00	Repairs: Toilet seat
Repairs: Toilet plumbing/unblocking	$287.50	Repairs: Toilet plumbing/unblocking
Repairs: Chandelier/exterior light fitting	$200.00	Repairs: Chandelier/exterior light fitting
Repairs: Bedroom/bathroom veneer doors	$1,000.00	Repairs: Bedroom/bathroom veneer doors
Replace furnishings: Curtains	$402.50	Replace furnishings: Curtains
Repairs: Deck	$400.00	Repairs: Deck
Repairs: Kitchen cabinet door	$460.00	Repairs: Kitchen cabinet door
Repairs: Insect mesh	$287.50	Repairs: Insect mesh
__________________________________________________________________________________ 53213832 Filing fee reimbursement	$28.00	__________________________________________________________________________________ 53213832 Filing fee reimbursement
Net award	$13,302.95
Total payable by Tenant to Landlord	$13,302.95

Claims and awards in Tenancy Tribunal application 5321383 — net $13,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 16/02/2025

$2,514.27

4. I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears.

Water rates

$173.78

Water rates

Bailiff costs

$258.00

Bailiff costs

Cleaning

$632.50

Cleaning

Carpet Cleaning

$345.00

Carpet Cleaning

Rubbish removal

$3,852.50

Rubbish removal

Replace furnishings: Carpet replacement

$1,306.40

Replace furnishings: Carpet replacement

Repairs: Damaged cupboard

$632.50

Repairs: Damaged cupboard

Repairs: Wall damage

$300.00

Repairs: Wall damage

Repairs: Replacing gas hob burner plate

$172.50

Repairs: Replacing gas hob burner plate

Repairs: Toilet seat

$50.00

Repairs: Toilet seat

Repairs: Toilet plumbing/unblocking

$287.50

Repairs: Toilet plumbing/unblocking

Repairs: Chandelier/exterior light fitting

$200.00

Repairs: Chandelier/exterior light fitting

Repairs: Bedroom/bathroom veneer doors

$1,000.00

Repairs: Bedroom/bathroom veneer doors

Replace furnishings: Curtains

$402.50

Replace furnishings: Curtains

Repairs: Deck

$400.00

Repairs: Deck

Repairs: Kitchen cabinet door

$460.00

Repairs: Kitchen cabinet door

Repairs: Insect mesh

$287.50

Repairs: Insect mesh

__________________________________________________________________________________ 53213832 Filing fee reimbursement

$28.00

__________________________________________________________________________________ 53213832 Filing fee reimbursement

Net award

$13,302.95

Total payable by Tenant to Landlord

$13,302.95

Reasons

The landlord attended the hearing. The tenant did not.

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 and water rates?

The tenancy ended on 16 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears. Cleaning and rubbish removal claims

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 (“RTA”).

The landlord provided photos of the premises from 2021 and from the end of the tenancy to prove the claims.

I find that the landlord has proven that the tenant did not leave the premises reasonably clean and tidy. The carpet required cleaning and eventual replacing, and there was significant amount of rubbish left behind.

The amounts ordered above are proved. Compensation claims

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. 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. 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.

The Tribunal must also take into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The following damage was caused during the tenancy: cupboard door, wall, gas hob burner plate, toilet seat, blocked toilet, lounge light cover, exterior light fittings, bedroom and bathroom veneer doors, windows, missing curtains, deck planks, kitchen cabinet door and insect mesh on doors and windows.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord confirmed that insurance was unavailable as the insurance excess exceeded each items.

From the landlord’s claims, I have adjusted the amounts for carpet replacement, wall repairs, toilet seat replacement, light fixtures, veneer doors and deck repairs to reflect depreciation and gradual wear and tear.

I have disallowed the claims for dishwasher and wall heater replacement as they have exceeded their useful life span under the depreciation rules.

I have also allowed for the bailiff costs for the eviction.

Finally because the landlord has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5321383 — net $13,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/02/2025	$2,514.27	4. I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears.
Water rates	$173.78	Water rates
Bailiff costs	$258.00	Bailiff costs
Cleaning	$632.50	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Rubbish removal	$3,852.50	Rubbish removal
Replace furnishings: Carpet replacement	$1,306.40	Replace furnishings: Carpet replacement
Repairs: Damaged cupboard	$632.50	Repairs: Damaged cupboard
Repairs: Wall damage	$300.00	Repairs: Wall damage
Repairs: Replacing gas hob burner plate	$172.50	Repairs: Replacing gas hob burner plate
Repairs: Toilet seat	$50.00	Repairs: Toilet seat
Repairs: Toilet plumbing/unblocking	$287.50	Repairs: Toilet plumbing/unblocking
Repairs: Chandelier/exterior light fitting	$200.00	Repairs: Chandelier/exterior light fitting
Repairs: Bedroom/bathroom veneer doors	$1,000.00	Repairs: Bedroom/bathroom veneer doors
Replace furnishings: Curtains	$402.50	Replace furnishings: Curtains
Repairs: Deck	$400.00	Repairs: Deck
Repairs: Kitchen cabinet door	$460.00	Repairs: Kitchen cabinet door
Repairs: Insect mesh	$287.50	Repairs: Insect mesh
__________________________________________________________________________________ 53213832 Filing fee reimbursement	$28.00	__________________________________________________________________________________ 53213832 Filing fee reimbursement
Net award	$13,302.95
Total payable by Tenant to Landlord	$13,302.95

Claims and awards in Tenancy Tribunal application 5321383 — net $13,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 16/02/2025

$2,514.27

4. I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears.

Water rates

$173.78

Water rates

Bailiff costs

$258.00

Bailiff costs

Cleaning

$632.50

Cleaning

Carpet Cleaning

$345.00

Carpet Cleaning

Rubbish removal

$3,852.50

Rubbish removal

Replace furnishings: Carpet replacement

$1,306.40

Replace furnishings: Carpet replacement

Repairs: Damaged cupboard

$632.50

Repairs: Damaged cupboard

Repairs: Wall damage

$300.00

Repairs: Wall damage

Repairs: Replacing gas hob burner plate

$172.50

Repairs: Replacing gas hob burner plate

Repairs: Toilet seat

$50.00

Repairs: Toilet seat

Repairs: Toilet plumbing/unblocking

$287.50

Repairs: Toilet plumbing/unblocking

Repairs: Chandelier/exterior light fitting

$200.00

Repairs: Chandelier/exterior light fitting

Repairs: Bedroom/bathroom veneer doors

$1,000.00

Repairs: Bedroom/bathroom veneer doors

Replace furnishings: Curtains

$402.50

Replace furnishings: Curtains

Repairs: Deck

$400.00

Repairs: Deck

Repairs: Kitchen cabinet door

$460.00

Repairs: Kitchen cabinet door

Repairs: Insect mesh

$287.50

Repairs: Insect mesh

__________________________________________________________________________________ 53213832 Filing fee reimbursement

$28.00

__________________________________________________________________________________ 53213832 Filing fee reimbursement

Net award

$13,302.95

Total payable by Tenant to Landlord

$13,302.95

Reasons

The landlord attended the hearing. The tenant did not.

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 and water rates?

The tenancy ended on 16 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I order the tenant to pay the landlord $2,514.27 for rent arrears and $173.78 for water rates arrears. Cleaning and rubbish removal claims

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 (“RTA”).

The landlord provided photos of the premises from 2021 and from the end of the tenancy to prove the claims.

The amounts ordered above are proved. Compensation claims

I have disallowed the claims for dishwasher and wall heater replacement as they have exceeded their useful life span under the depreciation rules.

I have also allowed for the bailiff costs for the eviction.

Finally because the landlord has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5321383 — Property damage

At a glance

Tenancy Tribunal case 5321383 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions