What was Tenancy Tribunal case 5327179 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Unique Realty Limited As Agent For L Noble

How much money was awarded in case 5327179?

Cleaning: $526.33 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $222.85 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $350.89 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord

What type of tenancy dispute was case 5327179?

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

Where can I read the official tribunal order for case 5327179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12723062-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5327179 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Unique Realty Limited As Agent For L Noble

How much money was awarded in case 5327179?

Cleaning: $526.33 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $222.85 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $350.89 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord

What type of tenancy dispute was case 5327179?

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

Where can I read the official tribunal order for case 5327179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12723062-Tenancy_Tribunal_Order.pdf.

63 Bryant Street, Takaro, Palmerston North 4412 Tenancy Tribunal Case 5327179 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5327179 — net $1,082.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$222.85	Rent arrears
Repairs: Door/windows: insurance excess	$550.00	Repairs: Door/windows: insurance excess
Repairs: Carpet: insurance excess	$550.00	Repairs: Carpet: insurance excess
Cleaning: (incl materials	$526.33	Cleaning: (incl materials
Rubbish removal	$414.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Wall and door damage/repainting/locks	$350.89	Repairs: Wall and door damage/repainting/locks
Net award	$1,082.07
Total payable by Tenant to Landlord	$1,082.07

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. A call to the tenant was attempted but unsuccessful. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

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

How much is owed for rent?

The tenancy ended on 7 May 2025. This date was a mutually agreed extension from a tenant notice to terminate effective 4 May 2025. The landlord provided a rent summary which proves the amount owing at the end of the tenancy is as ordered.

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 landlord provided ingoing and exit photos as well as inspection reports. The cleaning (and repairs) was conducted by the owner with assistance. The tasks completed align with returning the premises to a reasonably clean and tidy condition. The need for lawn cutting and gardening was also evidenced. Again, this was conducted by the landlord.

A detailed invoice accounted for all tasks and assigned an hourly rate of $30.00. This is a fair hourly rate and accepted. The times allocated for specific tasks do not appear “bloated”.

The landlord had a contractor remove the worst of the rubbish – piled up in the garage. This was invoiced at $414.00 and is awarded in full.

The tenant did not return the keys. The owner replaced the locks. The cost of this was included in the detailed invoice and receipts.

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.

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: a. Internal wall and door – a number of smaller holes had been repaired but roughly. The owner repaired these is a reasonable standard. The repainting was to the damaged areas only. b. Door/windows – forced entry. During the tenancy there was an attempt at forced entry through a door and window. The landlord discussed this with the tenant who did not report it to the police and suggested to the landlord the damage was caused by a relation or person known to him. The landlord successfully lodged an insurance claim for the damage. The cost of repair was well in excess of the $550.00 excess incurred by the owner and sought as compensation. The excess of $550.00 is awarded. c. Carpet (lounge). The carpet in the lounge was damaged beyond repair. The ingoing photos confirm the insurers assessment of the carpets age being such that depreciation needed consideration but it was still reasonable at commencement. The insurer paid for the removal and replacement of the lounge carpet via a cash settled claim. The landlord confirmed at the hearing that the carpet had been replaced. The insurance excess of $550.00 is the lesser of the depreciated value and replacement costs and this is awarded.

The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered betterment and depreciation for the carpet replacement – as has the insurer. 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. I accept the indemnity value as calculated by the insurers. The excess awarded is the lesser of the two sums. Costs

The costs claimed by the landlord were summarised and provided in the table, per below:

The owner had prepared their own costing table, per below:

The two insurance excesses total $1,100.00 but the applicant appears to have doubled claimed as the two excesses are in the owner’s balance that was carried over to the costing table and added again. I have adopted the owner’s summary as the more likely. Filing fee

Because Unique Realty Limited As Agent For L Noble has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5327179 — net $1,082.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$222.85	Rent arrears
Repairs: Door/windows: insurance excess	$550.00	Repairs: Door/windows: insurance excess
Repairs: Carpet: insurance excess	$550.00	Repairs: Carpet: insurance excess
Cleaning: (incl materials	$526.33	Cleaning: (incl materials
Rubbish removal	$414.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Wall and door damage/repainting/locks	$350.89	Repairs: Wall and door damage/repainting/locks
Net award	$1,082.07
Total payable by Tenant to Landlord	$1,082.07

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

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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

A detailed invoice accounted for all tasks and assigned an hourly rate of $30.00. This is a fair hourly rate and accepted. The times allocated for specific tasks do not appear “bloated”.

The landlord had a contractor remove the worst of the rubbish – piled up in the garage. This was invoiced at $414.00 and is awarded in full.

The tenant did not return the keys. The owner replaced the locks. The cost of this was included in the detailed invoice and receipts.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The costs claimed by the landlord were summarised and provided in the table, per below:

The owner had prepared their own costing table, per below:

Because Unique Realty Limited As Agent For L Noble has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5327179 — Property damage at 63 Bryant Street, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 5327179 — Property damage at 63 Bryant Street, Takaro, Palmerston North 4412

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.