How much money was awarded in case 5342108?

____________________________________…: $800.00 awarded to landlord; Air Conditioning Remote: $25.00 awarded to landlord; Rubbish Removal: $1,400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Previous Order Application 5342530 D…: $3,114.29 awarded to landlord; Cleaning: $425.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Stove: $350.00 awarded to landlord; Smoke Alarms: $21.20 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5342108?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5342108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12994165-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5342108?

____________________________________…: $800.00 awarded to landlord; Air Conditioning Remote: $25.00 awarded to landlord; Rubbish Removal: $1,400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Previous Order Application 5342530 D…: $3,114.29 awarded to landlord; Cleaning: $425.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Stove: $350.00 awarded to landlord; Smoke Alarms: $21.20 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5342108?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5342108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12994165-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 617 Ferguson Street, Terrace End, Palmerston Tenancy Tribunal Case 5342108 — Property damage

Q: What was Tenancy Tribunal case 5342108 about?

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

Order

Claims and awards in Tenancy Tribunal application 5342108 — net $8,563.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5342530 dated 03/10/2025	$3,114.29	Previous order application 5342530 dated 03/10/2025
Cleaning: and rubbish removal	$1,400.00	Cleaning: and rubbish removal
Lock/key replacement: and door repairs	$350.00	Lock/key replacement: and door repairs
Window repairs: windows and latches	$550.00	Window repairs: windows and latches
Repairs: wall damage	$1,500.00	Repairs: wall damage
Repairs: curtain tracks and cleaning	$425.00	Repairs: curtain tracks and cleaning
Replace smoke alarms	$21.20	Replace smoke alarms
Air conditioning remote	$25.00	Air conditioning remote
Replace stove	$350.00	Replace stove
__________________________________________________________________________________ 53421082 Replace furnishings: missing	$800.00	__________________________________________________________________________________ 53421082 Replace furnishings: missing
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,563.49
Total payable by Tenant to Landlord	$8,563.49

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

Delicia Michele Turner must pay [The landlord/s] $8,563.49 immediately, calculated as shown in table below.

[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit. DescriptionLandlord Previous order application 5342530 dated 03/10/2025 $3,114.29 Cleaning: and rubbish removal$1,400.00 Lock/key replacement: and door repairs$350.00 Window repairs: windows and latches$550.00 Repairs: wall damage$1,500.00 Repairs: curtain tracks and cleaning$425.00 Replace smoke alarms$21.20 Air conditioning remote$25.00 Replace stove$350.00 Replace furnishings: missing chattels$800.00 Filing fee reimbursement$28.00 Total award$8,563.49 Total payable by Tenant to Landlord$8,563.49

Reasons

The landlord attended the hearing.

The landlord has applied for compensation 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, 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 tenant took what she wanted, left anything else including a substantial amount of rubbish and made no attempt to clean. The carpets required cleaning because of dog odour and damage.

The tenant did not return the keys.

The air conditioning remote and a smoke alarm were missing a the end of the tenancy together with a number of items of furniture which were detailed in the tenancy agreement. The landlord provided photographs of the items present at the start of the tenancy together with receipts for their purchase and gave evidence that they were missing at the end of the tenancy. There was no evidence of them in the photographs supplied of the condition of the property at the end of the tenancy.

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: a. There were multiple holes in the walls in nearly every room, including one large one in the hallway. b. Two bedroom doors were off their hinges and their handles and locks showed that they had been forced. c. A large number of curtain tracks were damaged. d. The stove door was broken off and could not be repaired. e. Two windows were broken. f. Five window latches were broken where entry had been forced.

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

From its nature and extent, the damage was caused intentionally by the application of considerable force.

The amounts ordered are proved.

I have considered 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.

The landlord has done much of the work themselves. They have claimed modest amounts which are less than or similar to amounts which the Tribunal sees for such work in this locality. The amounts charged and awarded are the minimum it would have cost the landlord to return the property to the condition it was in at the start of the tenancy. This tenancy lasted only six months. In these circumstances, it is not appropriate to deduct any amount for depreciation.

Similarly, the landlord has provided receipts for the chattels which were supplied with the tenancy and which were missing at the end of the tenancy. It is not appropriate to deduct depreciation for items which were purchased second-hand and went missing during such a brief tenancy. Disposal of tenant’s goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has been unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5342108 — net $8,563.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5342530 dated 03/10/2025	$3,114.29	Previous order application 5342530 dated 03/10/2025
Cleaning: and rubbish removal	$1,400.00	Cleaning: and rubbish removal
Lock/key replacement: and door repairs	$350.00	Lock/key replacement: and door repairs
Window repairs: windows and latches	$550.00	Window repairs: windows and latches
Repairs: wall damage	$1,500.00	Repairs: wall damage
Repairs: curtain tracks and cleaning	$425.00	Repairs: curtain tracks and cleaning
Replace smoke alarms	$21.20	Replace smoke alarms
Air conditioning remote	$25.00	Air conditioning remote
Replace stove	$350.00	Replace stove
__________________________________________________________________________________ 53421082 Replace furnishings: missing	$800.00	__________________________________________________________________________________ 53421082 Replace furnishings: missing
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,563.49
Total payable by Tenant to Landlord	$8,563.49

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Delicia Michele Turner must pay [The landlord/s] $8,563.49 immediately, calculated as shown in table below.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit. DescriptionLandlord Previous order application 5342530 dated 03/10/2025 $3,114.29 Cleaning: and rubbish removal$1,400.00 Lock/key replacement: and door repairs$350.00 Window repairs: windows and latches$550.00 Repairs: wall damage$1,500.00 Repairs: curtain tracks and cleaning$425.00 Replace smoke alarms$21.20 Air conditioning remote$25.00 Replace stove$350.00 Replace furnishings: missing chattels$800.00 Filing fee reimbursement$28.00 Total award$8,563.49 Total payable by Tenant to Landlord$8,563.49

Reasons

The landlord attended the hearing.
The landlord has applied for compensation 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, 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 tenant took what she wanted, left anything else including a substantial amount of rubbish and made no attempt to clean. The carpets required cleaning because of dog odour and damage.
The tenant did not return the keys.
The air conditioning remote and a smoke alarm were missing a the end of the tenancy together with a number of items of furniture which were detailed in the tenancy agreement. The landlord provided photographs of the items present at the start of the tenancy together with receipts for their purchase and gave evidence that they were missing at the end of the tenancy. There was no evidence of them in the photographs supplied of the condition of the property at the end of the tenancy.
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: a. There were multiple holes in the walls in nearly every room, including one large one in the hallway. b. Two bedroom doors were off their hinges and their handles and locks showed that they had been forced. c. A large number of curtain tracks were damaged. d. The stove door was broken off and could not be repaired. e. Two windows were broken. f. Five window latches were broken where entry had been forced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From its nature and extent, the damage was caused intentionally by the application of considerable force.
The amounts ordered are proved.
I have considered 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.
The landlord has done much of the work themselves. They have claimed modest amounts which are less than or similar to amounts which the Tribunal sees for such work in this locality. The amounts charged and awarded are the minimum it would have cost the landlord to return the property to the condition it was in at the start of the tenancy. This tenancy lasted only six months. In these circumstances, it is not appropriate to deduct any amount for depreciation.
Similarly, the landlord has provided receipts for the chattels which were supplied with the tenancy and which were missing at the end of the tenancy. It is not appropriate to deduct depreciation for items which were purchased second-hand and went missing during such a brief tenancy. Disposal of tenant’s goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord has been unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5342108 — Property damage at Unit/Flat 1, 617 Ferguson Street, Terrace End, Palmerston

At a glance

Tenancy Tribunal case 5342108 — Property damage at Unit/Flat 1, 617 Ferguson Street, Terrace End, Palmerston

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