What was Tenancy Tribunal case 5328420 about?

The tribunal order states: [The tenant/s] must pay T And T Property Management Limited

How much money was awarded in case 5328420?

Cleaning: $94.88 awarded to landlord; Cleaning: $950.00 awarded to landlord; Clothesline: $692.88 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightsbulbs: $50.60 awarded to landlord; Property Damage: $2,080.00 awarded to landlord; Property Damage: $1,917.50 awarded to landlord; Rent Arrears: $447.86 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 5328420?

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

Where can I read the official tribunal order for case 5328420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12644337-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5328420 about?

The tribunal order states: [The tenant/s] must pay T And T Property Management Limited

How much money was awarded in case 5328420?

Cleaning: $94.88 awarded to landlord; Cleaning: $950.00 awarded to landlord; Clothesline: $692.88 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightsbulbs: $50.60 awarded to landlord; Property Damage: $2,080.00 awarded to landlord; Property Damage: $1,917.50 awarded to landlord; Rent Arrears: $447.86 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 5328420?

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

Where can I read the official tribunal order for case 5328420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12644337-Tenancy_Tribunal_Order.pdf.

83 Oreti Street, Kingswell, Invercargill 9812 Tenancy Tribunal Case 5328420 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5328420 — net $5,651.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$447.86	Rent arrears
Rubbish removal	$690.00	Rubbish removal
Insurance excess	$2,080.00	Insurance excess
Window clean	$94.88	Window clean
Cleaning	$950.00	Cleaning
Repairs	$1,917.50	Repairs
Clothesline	$692.88	Clothesline
Lightsbulbs	$50.60	Lightsbulbs
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,651.72
Total payable by Tenant to Landlord	$5,651.72

The tenant failed to make herself available for today’s hearing. When the registrar contacted her to advise of a different date for the hearing, she stated she would not be attending.

The absence of a party does not preclude me from hearing and determining the case.

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 11 June 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Theis is shown in the photo evidence submitted.

The landlord had to replace light bulbs.

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:

The results of the testing for Methamphetamine show that the levels above the acceptable level were apparent in the hallway and the laundry. This was therefore covered by the landlord’s insurance. However, the excess was more than four weeks rent and therefore is reduced accordingly. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The other damage outside of the contamination and outside of the insurance claim was the holes in a number of walls. The amount of the excess for the insurance for this damage was far higher that the actual costs to remedy.

The time spent on cleaning the windows was more than would be expected due to the removal of window stickers.

The clothesline was damaged and needed repair.

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 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.

T And T Property Management Limited claims the tenant has used the premises unlawfully, by allowing the use of methamphetamine.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The use of methamphetamine and the consequences for the property owner and public in general is well known. Given the evidence in relation to the drug test results, I find that the tenant has committed an unlawful act.

Because T And T Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5328420 — net $5,651.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$447.86	Rent arrears
Rubbish removal	$690.00	Rubbish removal
Insurance excess	$2,080.00	Insurance excess
Window clean	$94.88	Window clean
Cleaning	$950.00	Cleaning
Repairs	$1,917.50	Repairs
Clothesline	$692.88	Clothesline
Lightsbulbs	$50.60	Lightsbulbs
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,651.72
Total payable by Tenant to Landlord	$5,651.72

Order

[The tenant/s] must pay T And T Property Management Limited $5,651.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3906293-001) to T And T Property Management Limited immediately.

Reasons

The tenant failed to make herself available for today’s hearing. When the registrar contacted her to advise of a different date for the hearing, she stated she would not be attending.
The absence of a party does not preclude me from hearing and determining the case.
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 11 June 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Theis is shown in the photo evidence submitted.
The landlord had to replace light bulbs.
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:
The results of the testing for Methamphetamine show that the levels above the acceptable level were apparent in the hallway and the laundry. This was therefore covered by the landlord’s insurance. However, the excess was more than four weeks rent and therefore is reduced accordingly. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The other damage outside of the contamination and outside of the insurance claim was the holes in a number of walls. The amount of the excess for the insurance for this damage was far higher that the actual costs to remedy.
The time spent on cleaning the windows was more than would be expected due to the removal of window stickers.
The clothesline was damaged and needed repair.
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 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.
T And T Property Management Limited claims the tenant has used the premises unlawfully, by allowing the use of methamphetamine.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The use of methamphetamine and the consequences for the property owner and public in general is well known. Given the evidence in relation to the drug test results, I find that the tenant has committed an unlawful act.
Because T And T Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5328420 — Property damage at 83 Oreti Street, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 5328420 — Property damage at 83 Oreti Street, Kingswell, Invercargill 9812

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

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