What was Tenancy Tribunal case 5337121 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 5337121?

Cleaning: $500.00 awarded to landlord; Cleaning: $497.39 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $289.20 awarded to landlord; Glass: $630.85 awarded to landlord; Kitchen: $508.70 awarded to landlord; Painting And Plastering: $497.94 awarded to landlord; Rubbish Removal: $1,281.09 awarded to landlord

What type of tenancy dispute was case 5337121?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5337121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13041965-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5337121 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 5337121?

Cleaning: $500.00 awarded to landlord; Cleaning: $497.39 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $289.20 awarded to landlord; Glass: $630.85 awarded to landlord; Kitchen: $508.70 awarded to landlord; Painting And Plastering: $497.94 awarded to landlord; Rubbish Removal: $1,281.09 awarded to landlord

What type of tenancy dispute was case 5337121?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5337121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13041965-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5337121 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5337121 — net $4,233.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$500.00	Carpet Cleaning
Cleaning	$497.39	Cleaning
Rubbish removal	$1,281.09	Rubbish removal
Lock/key replacement	$289.20	Lock/key replacement
Repairs: Kitchen	$508.70	Repairs: Kitchen
Repairs: painting and plastering	$497.94	Repairs: painting and plastering
Repairs: glass	$630.85	Repairs: glass
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,233.17
Total payable by Tenant to Landlord	$4,233.17

Ms A, property manager for the landlord, attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.

This hearing had commenced on 25 November, but unfortunately, the landlord’s representative was unable to clarify the amounts sought for repairs. These issues were satisfactorily resolved today.

The tenancy ended on 21 July 2025 as a result of the tenant giving notice. Ms A said that the tenant told them she had left the property, and had moved away. Because of concerns from the neighbours the landlord conducted an inspection on 7 July and produced photographs of that.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 and return all keys. See section 40(1)(e) Residential Tenancies Act 1986.

The photographs show that the tenant had in fact abandoned the premises. Inside and outside there were piles of bags full of rubbish, abandoned clothes and furniture, pallets, broken items, food scraps and general debris. I am satisfied that no cleaning had been done at all.

The landlord pointed to photos showing animal faeces on the carpet and general trodden in dirt. She said that the tenant kept rabbits which had been roaming freely and the house smelt.

The landlord provided invoices for rubbish removal, cleaning and carpet cleaning. They sought the following contributions from the tenant, which are entirely reasonable: a. Rubbish removal, including tip fees: $1,281.09 b. Cleaning: $497.39 c. Carpet cleaning: $500.00

The tenant did not return the keys. The landlord produced an invoice for $289.20 for a lock change.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord seeks reimbursement for the following costs for which invoices were provided: a. Glazier: $630.85 b. Kitchen cabinetry: $508.70 c. Painting: $279.75 d. Plaster: $227.19

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 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 entry and exit inspection photographs. They show that the following damage was caused during the tenancy: a. a kitchen cabinet corner door has been removed and was not found in the property b. There is a hole in a bedroom wall, and other holes in the walls of the sleepout c. The lounge ranchslider window has been smashed

Ms A said that at the time the exit inspection photos were taken, the curtain was drawn in the sleepout and they had not realised that in fact, a window there was broken too. Unfortunately a photograph was not taken. I accept that the damage occurred during the tenancy.

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

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.

Because the landlord has been wholly successful, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5337121 — net $4,233.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$500.00	Carpet Cleaning
Cleaning	$497.39	Cleaning
Rubbish removal	$1,281.09	Rubbish removal
Lock/key replacement	$289.20	Lock/key replacement
Repairs: Kitchen	$508.70	Repairs: Kitchen
Repairs: painting and plastering	$497.94	Repairs: painting and plastering
Repairs: glass	$630.85	Repairs: glass
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,233.17
Total payable by Tenant to Landlord	$4,233.17

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jaymely Nikkita Gilbert must pay [The landlord/s] $4,233.17 immediately, calculated as shown in table below.

Reasons

Ms A, property manager for the landlord, attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
This hearing had commenced on 25 November, but unfortunately, the landlord’s representative was unable to clarify the amounts sought for repairs. These issues were satisfactorily resolved today.
The tenancy ended on 21 July 2025 as a result of the tenant giving notice. Ms A said that the tenant told them she had left the property, and had moved away. Because of concerns from the neighbours the landlord conducted an inspection on 7 July and produced photographs of that.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 and return all keys. See section 40(1)(e) Residential Tenancies Act 1986.
The photographs show that the tenant had in fact abandoned the premises. Inside and outside there were piles of bags full of rubbish, abandoned clothes and furniture, pallets, broken items, food scraps and general debris. I am satisfied that no cleaning had been done at all.
The landlord pointed to photos showing animal faeces on the carpet and general trodden in dirt. She said that the tenant kept rabbits which had been roaming freely and the house smelt.
The landlord provided invoices for rubbish removal, cleaning and carpet cleaning. They sought the following contributions from the tenant, which are entirely reasonable: a. Rubbish removal, including tip fees: $1,281.09 b. Cleaning: $497.39 c. Carpet cleaning: $500.00
The tenant did not return the keys. The landlord produced an invoice for $289.20 for a lock change.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord seeks reimbursement for the following costs for which invoices were provided: a. Glazier: $630.85 b. Kitchen cabinetry: $508.70 c. Painting: $279.75 d. Plaster: $227.19
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 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 entry and exit inspection photographs. They show that the following damage was caused during the tenancy: a. a kitchen cabinet corner door has been removed and was not found in the property b. There is a hole in a bedroom wall, and other holes in the walls of the sleepout c. The lounge ranchslider window has been smashed
Ms A said that at the time the exit inspection photos were taken, the curtain was drawn in the sleepout and they had not realised that in fact, a window there was broken too. Unfortunately a photograph was not taken. I accept that the damage occurred during the tenancy.
All of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because the landlord has been wholly successful, I must reimburse the filing fee.

Tenancy Tribunal case 5337121 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5337121 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Claims & awards

Order

Reasons

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

Frequently asked questions