What was Tenancy Tribunal case 5340921 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 5340921?

Cleaning: $160.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5194351 D…: $596.60 awarded to landlord; Property Damage: $322.00 awarded to landlord; Property Damage: $166.06 awarded to landlord; Water Rates: $145.20 awarded to landlord

What type of tenancy dispute was case 5340921?

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

Where can I read the official tribunal order for case 5340921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12771189-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5340921 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 5340921?

Cleaning: $160.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5194351 D…: $596.60 awarded to landlord; Property Damage: $322.00 awarded to landlord; Property Damage: $166.06 awarded to landlord; Water Rates: $145.20 awarded to landlord

What type of tenancy dispute was case 5340921?

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

Where can I read the official tribunal order for case 5340921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12771189-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 47 School Road, Paihia, Paihia 0200 Tenancy Tribunal Case 5340921 — Property damage

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Unit/Flat 2, 47 School Road, Paihia, Paihia 0200 Tenancy Tribunal Case 5340921 — 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 5340921 — net $1,417.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5194351 dated 27/05/2025	$596.60	Previous order application 5194351 dated 27/05/2025
Water rates to 18 May 2025	$145.20	Water rates to 18 May 2025
Lock/key replacement	$322.00	Lock/key replacement
Cleaning	$160.00	Cleaning
Repairs: Bench burn, wall sticker damage	$166.06	Repairs: Bench burn, wall sticker damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,417.86
Total payable by Tenant to Landlord	$1,417.86

Claims and awards for application 5340921 — net $1,417.86 NZD. Verify on MoJ.

Previous order application 5194351 dated 27/05/2025

Amount: $596.60
Awarded to: Landlord
Reason: Previous order application 5194351 dated 27/05/2025

Water rates to 18 May 2025

Amount: $145.20
Awarded to: Landlord
Reason: Water rates to 18 May 2025

Lock/key replacement

Amount: $322.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Bench burn, wall sticker damage

Amount: $166.06
Awarded to: Landlord
Reason: Repairs: Bench burn, wall sticker damage

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — as there was no evidence provided to support the claim.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dion Tom Erueti must pay [The landlord/s] $1,417.86 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing by telephone. Initially the landlord appeared by video but chose to continue by telephone.
The award made at a previous hearing application 5194351, on 27 May 2025, are incorporated into this order.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 May 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Water rates had been awarded at the previous hearing. The tenant disputed the final water rates account saying that there was a water leak which they let the landlord know about on 25 January 2025.A copy of a message was provided.
The landlord agreed that they knew about some water leaks in January 2025, a work order was created on 30 January, and invoice for completed work received on 31 January. The invoice was provided. There was no evidence of further ongoing leaks or a major discrepancy in the amount of water used for this time period. The amount claimed for water rates is awarded.

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 did not leave the premises reasonably clean and tidy. Photographs were provided supporting the cleaning claim.
The tenant did not return the keys. The tenant said that they forgot and came back a few days later to the property but by then the locks had been changed.
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 following damage was caused during the tenancy: The kitchen bench top was burned and a wall damaged when stickers were removed. The tenant said they had put lighter on the bench which melted it. I find that this is careless damage
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The claim for door damages is dismissed as there was no evidence provided to support the claim.
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 substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

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 5340921 — net $1,417.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5194351 dated 27/05/2025	$596.60	Previous order application 5194351 dated 27/05/2025
Water rates to 18 May 2025	$145.20	Water rates to 18 May 2025
Lock/key replacement	$322.00	Lock/key replacement
Cleaning	$160.00	Cleaning
Repairs: Bench burn, wall sticker damage	$166.06	Repairs: Bench burn, wall sticker damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,417.86
Total payable by Tenant to Landlord	$1,417.86

Claims and awards for application 5340921 — net $1,417.86 NZD. Verify on MoJ.

Previous order application 5194351 dated 27/05/2025

Amount: $596.60
Awarded to: Landlord
Reason: Previous order application 5194351 dated 27/05/2025

Water rates to 18 May 2025

Amount: $145.20
Awarded to: Landlord
Reason: Water rates to 18 May 2025

Lock/key replacement

Amount: $322.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Bench burn, wall sticker damage

Amount: $166.06
Awarded to: Landlord
Reason: Repairs: Bench burn, wall sticker damage

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — as there was no evidence provided to support the claim.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dion Tom Erueti must pay [The landlord/s] $1,417.86 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing by telephone. Initially the landlord appeared by video but chose to continue by telephone.
The award made at a previous hearing application 5194351, on 27 May 2025, are incorporated into this order.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 May 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Water rates had been awarded at the previous hearing. The tenant disputed the final water rates account saying that there was a water leak which they let the landlord know about on 25 January 2025.A copy of a message was provided.
The landlord agreed that they knew about some water leaks in January 2025, a work order was created on 30 January, and invoice for completed work received on 31 January. The invoice was provided. There was no evidence of further ongoing leaks or a major discrepancy in the amount of water used for this time period. The amount claimed for water rates is awarded.

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 did not leave the premises reasonably clean and tidy. Photographs were provided supporting the cleaning claim.
The tenant did not return the keys. The tenant said that they forgot and came back a few days later to the property but by then the locks had been changed.
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 following damage was caused during the tenancy: The kitchen bench top was burned and a wall damaged when stickers were removed. The tenant said they had put lighter on the bench which melted it. I find that this is careless damage
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The claim for door damages is dismissed as there was no evidence provided to support the claim.
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 substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5340921 — Property damage at Unit/Flat 2, 47 School Road, Paihia, Paihia 0200

At a glance

Tenancy Tribunal case 5340921 — Property damage at Unit/Flat 2, 47 School Road, Paihia, Paihia 0200

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

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

Dismissed claims

Order

Reasons

How much is owed for water rates?

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