How much money was awarded in case 5334161?

Filing Fee: $28.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Rent Arrears: $2,911.43 awarded to landlord; Water Rates: $311.14 awarded to landlord

What type of tenancy dispute was case 5334161?

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

Where can I read the official tribunal order for case 5334161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12655425-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5334161?

Filing Fee: $28.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Rent Arrears: $2,911.43 awarded to landlord; Water Rates: $311.14 awarded to landlord

What type of tenancy dispute was case 5334161?

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

Where can I read the official tribunal order for case 5334161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12655425-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5334161 — Rent arrears

Q: What was Tenancy Tribunal case 5334161 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5334161 — net $3,360.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.7.2025	$2,911.43	Rent arrears to 28.7.2025
Water rates	$311.14	Water rates
Glass repair	$230.00	Glass repair
Wall repairs	$2,200.00	Wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,360.57
Total payable by Tenant to Landlord	$3,360.57

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay Fast Rental Limited $3,360.57 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to Fast Rental Limited immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. Mr Li represented the landlord and [Tenant 1] attended for the tenants.

This tenancy began on 17 May 2021 and came to an end on 28 July 2028. The landlord has applied for rent arrears, water charges, compensation (glass repairs, curtains, wall damage), payment from the bond, and reimbursement of the filing fee following the end of the tenancy. After considering the tenant’s evidence at the hearing, the landlord has withdrawn the claim for compensation for curtains.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices, establishing the amount owing at the end of the tenancy on 28 July 2025. The tenant does not dispute the amounts sought by the landlord for rent and water charges, which are awarded above. Compensation for damage Legal framework

The landlord claims compensation for damage. To be successful, 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 of the 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) of the 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) of the 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) of the RTA.

The landlord advises that the landlord/owner’s insurance excess is $500.00.

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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Glass repair

The tenant accepts liability for damage to the front door glass. The repair cost is $230.00, as supported by the invoice, which is awarded above. Wall repairs

The landlord claims $2,663.53 for repairs to walls in the living room, hallway and three bedrooms. The landlord advises that the owner’s insurance excess is $500.00, but as the insurer treated each area as a separate claim, insurance was not claimed. The tenant accepts responsibility for most of this damage, which she attributes to her children. However, she also points out that there was damage to the walls before she moved in.

The landlord’s entry and final inspection reports have been considered. The photographs in the entry inspection report show that the walls were not pristine at the start of the tenancy. In this regard I accept the tenant’s submission that there was pre-existing damage to the walls. The entry inspection records, for the walls in the lounge, hallway and three bedrooms, that there were “minor scuffs/marks/paint chips.” The tenant will only be liable for damage that occurred during her tenancy.

Furthermore, this tenancy lasted 4 years, and in that time, it can be expected that there will be wear and tear from ordinary use. The tenant will not be liable for damage from fair wear and tear that occurs during the tenancy.

Taking all these factors into account, including the photographic, oral, and documentary evidence produced by the landlord, together with the tenant’s oral evidence, I find that the tenant is liable for most, but not all the costs of remediating the walls. I consider $2,200.00 to be reasonable compensation, taking into account the principle of betterment and depreciation. This amount is awarded to the landlord above. Filing fee and name suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The tenant seeks name suppression, which is granted. In granting suppression for the tenant, the Tribunal has had regard to the interests of the parties, the public interest, and notes the parties have largely settled most of the claims, and the landlord consents to suppression for the tenant.

The landlord does not request name suppression.

Order

Claims and awards in Tenancy Tribunal application 5334161 — net $3,360.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.7.2025	$2,911.43	Rent arrears to 28.7.2025
Water rates	$311.14	Water rates
Glass repair	$230.00	Glass repair
Wall repairs	$2,200.00	Wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,360.57
Total payable by Tenant to Landlord	$3,360.57

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay Fast Rental Limited $3,360.57 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to Fast Rental Limited immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. Mr Li represented the landlord and [Tenant 1] attended for the tenants.

How much is owed for rent and water rates?

The landlord advises that the landlord/owner’s insurance excess is $500.00.

The tenant accepts liability for damage to the front door glass. The repair cost is $230.00, as supported by the invoice, which is awarded above. Wall repairs

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The landlord does not request name suppression.

Tenancy Tribunal case 5334161 — Rent arrears

At a glance

Tenancy Tribunal case 5334161 — Rent arrears

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