What was Tenancy Tribunal case 5337162 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 5337162?

Cleaning: $230.01 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5299062 D…: $1,405.50 awarded to landlord; Fence: $977.27 awarded to landlord; Property Damage: $1,785.63 awarded to landlord; Power Point: $207.48 awarded to landlord

What type of tenancy dispute was case 5337162?

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

Where can I read the official tribunal order for case 5337162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12679224-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5337162 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 5337162?

Cleaning: $230.01 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5299062 D…: $1,405.50 awarded to landlord; Fence: $977.27 awarded to landlord; Property Damage: $1,785.63 awarded to landlord; Power Point: $207.48 awarded to landlord

What type of tenancy dispute was case 5337162?

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

Where can I read the official tribunal order for case 5337162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12679224-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 571A Fergusson Drive, Trentham, Upper Tenancy Tribunal Case 5337162 — Property damage

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Unit/Flat Flat 2, 571A Fergusson Drive, Trentham, Upper Tenancy Tribunal Case 5337162 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5337162 — net $4,633.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5299062 dated 30/07/2025	$1,405.50	Previous order application 5299062 dated 30/07/2025
Cleaning	$230.01	Cleaning
Repairs: including lock replacement	$1,785.63	Repairs: including lock replacement
Repairs: fence	$977.27	Repairs: fence
Repairs: power point	$207.48	Repairs: power point
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,633.89
Total payable by Tenant to Landlord	$4,633.89

Claims and awards for application 5337162 — net $4,633.89 NZD. Verify on MoJ.

Previous order application 5299062 dated 30/07/2025

Amount: $1,405.50
Awarded to: Landlord
Reason: Previous order application 5299062 dated 30/07/2025

Cleaning

Amount: $230.01
Awarded to: Landlord
Reason: Cleaning

Repairs: including lock replacement

Amount: $1,785.63
Awarded to: Landlord
Reason: Repairs: including lock replacement

Repairs: fence

Amount: $977.27
Awarded to: Landlord
Reason: Repairs: fence

Repairs: power point

Amount: $207.48
Awarded to: Landlord
Reason: Repairs: power point

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Juan Michael Aaron Babbington-white, Malachi Jackson Moses and Angel Marie Wilkie must pay [The landlord/s] $4,633.89 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 5299062 dated 30/07/2025 $1,405.50 Cleaning$230.01 Repairs: including lock replacement$1,785.63 Repairs: fence$977.27 Repairs: power point$207.48 Filing fee reimbursement$28.00 Total award$4,633.89 Total payable by Tenant to Landlord$4,633.89

Reasons

The landlord attended the hearing by video.
Each of the tenants was telephoned twice but none answered and messages were left.
The landlord has applied for compensation 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what they wanted, left anything else behind including a substantial amount of rubbish, and made no attempt to clean.
The landlord advised that the tenant did not return the keys.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. The driveway fence was damaged during the tenancy. The landlord gave evidence that the tenant had accepted responsibility for this damage. b. A power point in bedroom 1 was broken and required replacement. c. There was large and significant damage to the wall and door in bedroom 1 which the tenant had patched but not professionally repaired. d. A panel of gib in the wardrobe of bedroom 1 had been removed. e. The door handle had been removed from bedroom 2. f. The panel heater in the hallway had been forcibly torn from the wall. g. The curtains in the lounge required rehanging.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord gave evidence that it had received numerous complaints from neighbours during the tenancy of parties, anti-social behaviour and fighting. The tenancy lasted only eight months and was terminated by an order of the Tribunal. From the nature and extent of the damage, it is reasonable to conclude that it was intentional.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5337162 — net $4,633.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5299062 dated 30/07/2025	$1,405.50	Previous order application 5299062 dated 30/07/2025
Cleaning	$230.01	Cleaning
Repairs: including lock replacement	$1,785.63	Repairs: including lock replacement
Repairs: fence	$977.27	Repairs: fence
Repairs: power point	$207.48	Repairs: power point
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,633.89
Total payable by Tenant to Landlord	$4,633.89

Claims and awards for application 5337162 — net $4,633.89 NZD. Verify on MoJ.

Previous order application 5299062 dated 30/07/2025

Amount: $1,405.50
Awarded to: Landlord
Reason: Previous order application 5299062 dated 30/07/2025

Cleaning

Amount: $230.01
Awarded to: Landlord
Reason: Cleaning

Repairs: including lock replacement

Amount: $1,785.63
Awarded to: Landlord
Reason: Repairs: including lock replacement

Repairs: fence

Amount: $977.27
Awarded to: Landlord
Reason: Repairs: fence

Repairs: power point

Amount: $207.48
Awarded to: Landlord
Reason: Repairs: power point

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Juan Michael Aaron Babbington-white, Malachi Jackson Moses and Angel Marie Wilkie must pay [The landlord/s] $4,633.89 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 5299062 dated 30/07/2025 $1,405.50 Cleaning$230.01 Repairs: including lock replacement$1,785.63 Repairs: fence$977.27 Repairs: power point$207.48 Filing fee reimbursement$28.00 Total award$4,633.89 Total payable by Tenant to Landlord$4,633.89

Reasons

The landlord attended the hearing by video.
Each of the tenants was telephoned twice but none answered and messages were left.
The landlord has applied for compensation 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what they wanted, left anything else behind including a substantial amount of rubbish, and made no attempt to clean.
The landlord advised that the tenant did not return the keys.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. The driveway fence was damaged during the tenancy. The landlord gave evidence that the tenant had accepted responsibility for this damage. b. A power point in bedroom 1 was broken and required replacement. c. There was large and significant damage to the wall and door in bedroom 1 which the tenant had patched but not professionally repaired. d. A panel of gib in the wardrobe of bedroom 1 had been removed. e. The door handle had been removed from bedroom 2. f. The panel heater in the hallway had been forcibly torn from the wall. g. The curtains in the lounge required rehanging.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord gave evidence that it had received numerous complaints from neighbours during the tenancy of parties, anti-social behaviour and fighting. The tenancy lasted only eight months and was terminated by an order of the Tribunal. From the nature and extent of the damage, it is reasonable to conclude that it was intentional.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5337162 — Property damage at Unit/Flat Flat 2, 571A Fergusson Drive, Trentham, Upper

At a glance

Tenancy Tribunal case 5337162 — Property damage at Unit/Flat Flat 2, 571A Fergusson Drive, Trentham, Upper

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

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