What was Tenancy Tribunal case 5340401 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 5340401?

Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Bathroom Door: $127.07 awarded to landlord; Bathroom Walls: $245.59 awarded to landlord; Bedroom 1 Walls: $291.68 awarded to landlord; Bedroom 1 Wardrobe Doors: $63.53 awarded to landlord; Bedroom 2 Walls: $437.53 awarded to landlord; Bedroom 3 Door: $189.90 awarded to landlord; Bedroom 3 Walls: $437.53 awarded to landlord; Entrance Hallway Walls: $180.71 awarded to landlord; To Entrance Way: $151.46 awarded to landlord; To Garage Door: $127.07 awarded to landlord; To Kitchen Cabinetry: $103.50 awarded to landlord; To Kitchen Walls: $400.00 awarded to landlord; To Living Room Walls: $343.75 awarded to landlord; To Walls In Garage: $1,274.60 awarded to landlord; Rubbish Removal: $268.64 awarded to landlord

What type of tenancy dispute was case 5340401?

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

Where can I read the official tribunal order for case 5340401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12706039-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5340401 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 5340401?

Cleaning: $180.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Bathroom Door: $127.07 awarded to landlord; Bathroom Walls: $245.59 awarded to landlord; Bedroom 1 Walls: $291.68 awarded to landlord; Bedroom 1 Wardrobe Doors: $63.53 awarded to landlord; Bedroom 2 Walls: $437.53 awarded to landlord; Bedroom 3 Door: $189.90 awarded to landlord; Bedroom 3 Walls: $437.53 awarded to landlord; Entrance Hallway Walls: $180.71 awarded to landlord; To Entrance Way: $151.46 awarded to landlord; To Garage Door: $127.07 awarded to landlord; To Kitchen Cabinetry: $103.50 awarded to landlord; To Kitchen Walls: $400.00 awarded to landlord; To Living Room Walls: $343.75 awarded to landlord; To Walls In Garage: $1,274.60 awarded to landlord; Rubbish Removal: $268.64 awarded to landlord

What type of tenancy dispute was case 5340401?

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

Where can I read the official tribunal order for case 5340401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12706039-Tribunal_Order_Redacted.pdf.

7 Puriri Crescent, Hillcrest, Rotorua 3015 Tenancy Tribunal Case 5340401 — Property damage

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7 Puriri Crescent, Hillcrest, Rotorua 3015 Tenancy Tribunal Case 5340401 — 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 5340401 — net $4,850.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$268.64	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Repairs: to walls in garage	$1,274.60	Repairs: to walls in garage
Repairs: to garage door	$127.07	Repairs: to garage door
Repairs: to entrance way	$151.46	Repairs: to entrance way
Repairs: to living room walls	$343.75	Repairs: to living room walls
Repairs: to kitchen walls	$400.00	Repairs: to kitchen walls
Repairs: to kitchen cabinetry	$103.50	Repairs: to kitchen cabinetry
Repairs: bathroom walls	$245.59	Repairs: bathroom walls
Repairs: bathroom door	$127.07	Repairs: bathroom door
Repairs: entrance hallway walls	$180.71	Repairs: entrance hallway walls
Repairs: bedroom 1 walls	$291.68	Repairs: bedroom 1 walls
Repairs: bedroom 1 wardrobe doors	$63.53	Repairs: bedroom 1 wardrobe doors
Repairs: bedroom 2 walls	$437.53	Repairs: bedroom 2 walls
Repairs: bedroom 3 walls	$437.53	Repairs: bedroom 2 walls
Repairs: bedroom 3 door	$189.90	Repairs: bedroom 3 door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,850.56
Total payable by Tenant to Landlord	$4,850.56

Claims and awards for application 5340401 — net $4,850.56 NZD. Verify on MoJ.

Rubbish removal

Amount: $268.64
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to walls in garage

Amount: $1,274.60
Awarded to: Landlord
Reason: Repairs: to walls in garage

Repairs: to garage door

Amount: $127.07
Awarded to: Landlord
Reason: Repairs: to garage door

Repairs: to entrance way

Amount: $151.46
Awarded to: Landlord
Reason: Repairs: to entrance way

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Dawn Sanele must pay [The landlord/s] $4,850.56 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 12 June 2025. The landlord confirmed that orders for rent arrears and refund of the bond have been awarded in a separate Tribunal Order and there is no request for incorporation of the rent debt.

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.

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: almost all walls and doors throughout the property were damaged. Having considered the evidence the Tribunal is satisfied that some of the damage repaired can fairly be attributed to fair wear and tear in a tenancy that ran for three and a half years. The tenant has not disproved liability for the remainder of the damage, which is what is awarded.
The amounts ordered are therefore 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 applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the request for reimbursement of 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 5340401 — net $4,850.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$268.64	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Repairs: to walls in garage	$1,274.60	Repairs: to walls in garage
Repairs: to garage door	$127.07	Repairs: to garage door
Repairs: to entrance way	$151.46	Repairs: to entrance way
Repairs: to living room walls	$343.75	Repairs: to living room walls
Repairs: to kitchen walls	$400.00	Repairs: to kitchen walls
Repairs: to kitchen cabinetry	$103.50	Repairs: to kitchen cabinetry
Repairs: bathroom walls	$245.59	Repairs: bathroom walls
Repairs: bathroom door	$127.07	Repairs: bathroom door
Repairs: entrance hallway walls	$180.71	Repairs: entrance hallway walls
Repairs: bedroom 1 walls	$291.68	Repairs: bedroom 1 walls
Repairs: bedroom 1 wardrobe doors	$63.53	Repairs: bedroom 1 wardrobe doors
Repairs: bedroom 2 walls	$437.53	Repairs: bedroom 2 walls
Repairs: bedroom 3 walls	$437.53	Repairs: bedroom 2 walls
Repairs: bedroom 3 door	$189.90	Repairs: bedroom 3 door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,850.56
Total payable by Tenant to Landlord	$4,850.56

Claims and awards for application 5340401 — net $4,850.56 NZD. Verify on MoJ.

Rubbish removal

Amount: $268.64
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to walls in garage

Amount: $1,274.60
Awarded to: Landlord
Reason: Repairs: to walls in garage

Repairs: to garage door

Amount: $127.07
Awarded to: Landlord
Reason: Repairs: to garage door

Repairs: to entrance way

Amount: $151.46
Awarded to: Landlord
Reason: Repairs: to entrance way

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Dawn Sanele must pay [The landlord/s] $4,850.56 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 12 June 2025. The landlord confirmed that orders for rent arrears and refund of the bond have been awarded in a separate Tribunal Order and there is no request for incorporation of the rent debt.

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.

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: almost all walls and doors throughout the property were damaged. Having considered the evidence the Tribunal is satisfied that some of the damage repaired can fairly be attributed to fair wear and tear in a tenancy that ran for three and a half years. The tenant has not disproved liability for the remainder of the damage, which is what is awarded.
The amounts ordered are therefore 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 applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the request for reimbursement of the filing fee.

Tenancy Tribunal case 5340401 — Property damage at 7 Puriri Crescent, Hillcrest, Rotorua 3015

At a glance

Tenancy Tribunal case 5340401 — Property damage at 7 Puriri Crescent, Hillcrest, Rotorua 3015

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