What was Tenancy Tribunal case 5343951 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s]

How much money was awarded in case 5343951?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $142.86 awarded to landlord

What type of tenancy dispute was case 5343951?

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

Where can I read the official tribunal order for case 5343951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12738366-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5343951 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s]

How much money was awarded in case 5343951?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $142.86 awarded to landlord

What type of tenancy dispute was case 5343951?

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

Where can I read the official tribunal order for case 5343951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12738366-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 6 Moeraki Road, Maoribank, Upper Hutt 5018 Tenancy Tribunal Case 5343951 — Property damage

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Unit/Flat 1, 6 Moeraki Road, Maoribank, Upper Hutt 5018 Tenancy Tribunal Case 5343951 — 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 5343951 — net $1,170.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 August 2025	$142.86	Rent arrears to 1 August 2025
Carpets (Insurance Excess	$1,000.00	Carpets (Insurance Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,170.86
Total payable by Tenant to Landlord	$1,170.86

Claims and awards for application 5343951 — net $1,170.86 NZD. Verify on MoJ.

Rent arrears to 1 August 2025

Amount: $142.86
Awarded to: Landlord
Reason: Rent arrears to 1 August 2025

Carpets (Insurance Excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets (Insurance Excess

Filing fee reimbursement

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

Net award

Landlord $1,170.86

Total payable by Tenant to Landlord

Landlord $1,170.86

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] $1,170.86 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (BN-00031658) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. This claim is not disputed by the tenants.

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.
The following damage was found at the end of the tenancy: damaged floorboard and carpet in master bedroom, urine damage and stains to carpet in the lounge.
The tenants say they have no idea what happened in the master bedroom and they have no explanation for the stains in the lounge carpet.
I find that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the animal urine stains to the lounge carpet occurred during this tenancy as there is no evidence of any pre-existing damage. Similarly, I find it likely that the damage to the master bedroom floorboards and carpet occurred during this tenancy as there is no evidence of any pre-existing damage.
The landlord is seeking $1,000.00 insurance excess being $500.00 for each ‘event’ or carpet damaged. This includes replacement carpet, cleaning costs, and repair costs to the floorboards.
Although the carpets were likely at the end of their estimated lifespan, I find that they were still in reasonable condition and would have held a residual value of at least the $500.00 being sought for each room.
I make an award of $1,000.00 as sought. The amount ordered is proved.
As the landlord has succeeded with the claim, the tenant 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 5343951 — net $1,170.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 August 2025	$142.86	Rent arrears to 1 August 2025
Carpets (Insurance Excess	$1,000.00	Carpets (Insurance Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,170.86
Total payable by Tenant to Landlord	$1,170.86

Claims and awards for application 5343951 — net $1,170.86 NZD. Verify on MoJ.

Rent arrears to 1 August 2025

Amount: $142.86
Awarded to: Landlord
Reason: Rent arrears to 1 August 2025

Carpets (Insurance Excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets (Insurance Excess

Filing fee reimbursement

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

Net award

Landlord $1,170.86

Total payable by Tenant to Landlord

Landlord $1,170.86

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] $1,170.86 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (BN-00031658) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. This claim is not disputed by the tenants.

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.
The following damage was found at the end of the tenancy: damaged floorboard and carpet in master bedroom, urine damage and stains to carpet in the lounge.
The tenants say they have no idea what happened in the master bedroom and they have no explanation for the stains in the lounge carpet.
I find that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the animal urine stains to the lounge carpet occurred during this tenancy as there is no evidence of any pre-existing damage. Similarly, I find it likely that the damage to the master bedroom floorboards and carpet occurred during this tenancy as there is no evidence of any pre-existing damage.
The landlord is seeking $1,000.00 insurance excess being $500.00 for each ‘event’ or carpet damaged. This includes replacement carpet, cleaning costs, and repair costs to the floorboards.
Although the carpets were likely at the end of their estimated lifespan, I find that they were still in reasonable condition and would have held a residual value of at least the $500.00 being sought for each room.
I make an award of $1,000.00 as sought. The amount ordered is proved.
As the landlord has succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5343951 — Property damage at Unit/Flat 1, 6 Moeraki Road, Maoribank, Upper Hutt 5018

At a glance

Tenancy Tribunal case 5343951 — Property damage at Unit/Flat 1, 6 Moeraki Road, Maoribank, Upper Hutt 5018

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.