What was Tenancy Tribunal case 5342322 about?

The tribunal order states: [The tenant/s] must pay Otautahi Community Housing Trust $1,360.62

How much money was awarded in case 5342322?

Cleaning: $86.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $566.86 awarded to landlord; Holes: $679.51 awarded to landlord

What type of tenancy dispute was case 5342322?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5342322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13049850-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342322 about?

The tribunal order states: [The tenant/s] must pay Otautahi Community Housing Trust $1,360.62

How much money was awarded in case 5342322?

Cleaning: $86.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $566.86 awarded to landlord; Holes: $679.51 awarded to landlord

What type of tenancy dispute was case 5342322?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5342322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13049850-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 15B, 85 Poulson Street, Addington, Tenancy Tribunal Case 5342322 — Property damage

Tenantcheck Insights

Unit/Flat Unit 15B, 85 Poulson Street, Addington, Tenancy Tribunal Case 5342322 — 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 5342322 — net $1,360.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$566.86	Rent arrears
Cleaning: Oven	$86.25	6. The tenant did not leave the premises reasonably clean and tidy.
Repairs: Holes	$679.51	Repairs: Holes
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,360.62
Total payable by Tenant to Landlord	$1,360.62

Claims and awards for application 5342322 — net $1,360.62 NZD. Verify on MoJ.

Rent arrears

Amount: $566.86
Awarded to: Landlord
Reason: Rent arrears

Cleaning: Oven

Amount: $86.25
Awarded to: Landlord
Reason: 6. The tenant did not leave the premises reasonably clean and tidy.

Repairs: Holes

Amount: $679.51
Awarded to: Landlord
Reason: Repairs: Holes

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,360.62

Total payable by Tenant to Landlord

Landlord $1,360.62

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

[The tenant/s] must pay Otautahi Community Housing Trust $1,360.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 21 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $566.86 after deduction of the bond.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the oven which clearly indicate that substantial cleaning would have been required. The landlord provided an invoice and sought the discounted amount of $86.25. The amount is reasonable and the claim is proven.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $10,000.00 on each and every claim.
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.
A number of walls were damaged during the tenancy. The landlord provided photos of the walls and an invoice for the repairs. The landlord seeks a discounted amount of $679.51. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount is reasonable and the claim is proven.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must order the tenant to 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 5342322 — net $1,360.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$566.86	Rent arrears
Cleaning: Oven	$86.25	6. The tenant did not leave the premises reasonably clean and tidy.
Repairs: Holes	$679.51	Repairs: Holes
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,360.62
Total payable by Tenant to Landlord	$1,360.62

Claims and awards for application 5342322 — net $1,360.62 NZD. Verify on MoJ.

Rent arrears

Amount: $566.86
Awarded to: Landlord
Reason: Rent arrears

Cleaning: Oven

Amount: $86.25
Awarded to: Landlord
Reason: 6. The tenant did not leave the premises reasonably clean and tidy.

Repairs: Holes

Amount: $679.51
Awarded to: Landlord
Reason: Repairs: Holes

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,360.62

Total payable by Tenant to Landlord

Landlord $1,360.62

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

[The tenant/s] must pay Otautahi Community Housing Trust $1,360.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 21 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $566.86 after deduction of the bond.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the oven which clearly indicate that substantial cleaning would have been required. The landlord provided an invoice and sought the discounted amount of $86.25. The amount is reasonable and the claim is proven.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $10,000.00 on each and every claim.
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.
A number of walls were damaged during the tenancy. The landlord provided photos of the walls and an invoice for the repairs. The landlord seeks a discounted amount of $679.51. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount is reasonable and the claim is proven.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5342322 — Property damage at Unit/Flat Unit 15B, 85 Poulson Street, Addington,

At a glance

Tenancy Tribunal case 5342322 — Property damage at Unit/Flat Unit 15B, 85 Poulson Street, Addington,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

Property management

Frequently asked questions