What was Tenancy Tribunal case 5344001 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 5344001?

Cleaning: $66.76 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $579.60 awarded to landlord; Rent Arrears: $1,894.29 awarded to landlord; To The Bathroom Mirror And Wall: $100.00 awarded to landlord; To The Garage Door: $175.00 awarded to landlord; Rubbish Removal: $573.00 awarded to landlord

What type of tenancy dispute was case 5344001?

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

Where can I read the official tribunal order for case 5344001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12834606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5344001 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 5344001?

Cleaning: $66.76 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $579.60 awarded to landlord; Rent Arrears: $1,894.29 awarded to landlord; To The Bathroom Mirror And Wall: $100.00 awarded to landlord; To The Garage Door: $175.00 awarded to landlord; Rubbish Removal: $573.00 awarded to landlord

What type of tenancy dispute was case 5344001?

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

Where can I read the official tribunal order for case 5344001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12834606-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5344001 — Rent arrears

Claims and awards in Tenancy Tribunal application 5344001 — net $936.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 June 2025	$1,894.29		Rent arrears to 13 June 2025
Power board repairs	$579.60		Power board repairs
Cleaning: in the room off the garage	$66.76		Cleaning: in the room off the garage
Repairs: to the garage door	$175.00		Repairs: to the garage door
Repairs: to the bathroom mirror and wall	$100.00		Repairs: to the bathroom mirror and wall
Rubbish removal as claimed in application	$573.00		Rubbish removal as claimed in application
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already refunded to the landlord		$2,480.00	Bond already refunded to the landlord
Total award	$3,416.65	$2,480.00
Net award	$936.65
Total payable by Tenant to Landlord	$936.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The tenant/s] must pay [The landlord/s] $936.65 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing. The tenant had a representative.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by consent.

How much is owed for rent?

The tenancy ended on 13 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

The landlord, tenant, and a representative from [Social service] had a meeting at the house on 9 June 2025. The parties agreed at this meeting that the tenancy would end. There was also an agreement that if a large window was repaired and the house cleaned then the landlords would not file an application in the Tenancy Tribunal.
Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
I was provided with photos taken at the start and at the end of the tenancy. It is agreed evidence that the inside of the house was left reasonably clean and tidy. The garage and a room off the garage were not. There was a substantial amount of rubbish around the outside of the house. I agree with the landlord that the tenancy premises were not left reasonably clean and tidy. This means I can consider the claim, even though there was a verbal agreement with [Social service]. The amounts claimed for cleaning the garage and the adjacent room and for removing the rubbish are reasonable.
At the end of the tenancy tenants must also return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA. The landlord said the tenant did not return the keys. Part of the handyman’s claim is for replacing locks and keys. It is hard for me to work out exactly what the cost of this work is from the invoice. The claim for the locks is dismissed. The landlord has not claimed the cost of replacing the garage door remote.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The 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 she 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.
The representative from [Social service] gave evidence at the second hearing as a witness. She said the tenant had an abuser who smashed a number of windows. Her evidence made it clear that the tenant was trying hard to keep herself safe from the abuser. There is insufficient evidence about that meeting for me to find the landlord was prevented from filing an application for damage. The organisation paid for one large window to be repaired and this was done on 12 June 2025.
The landlord has proved there was damage to other windows and doors and they have claimed the repair from the tenant. It seems most likely to me the person who did the damage was at the house without the tenant’s permission. This means the tenant is not responsible for the cost of repairs to the doors and windows as set out in the handyman’s invoice.
The claim for the bathroom mirror repair is allowed in part. The mirror was missing at the end of the tenancy. The replacement mirror was too small and the walls around the mirror were also damaged. I have some idea of the cost of repair because of an estimate by the insurer. It seems most likely to me some mirror tiles would cover the damage and these are relatively cheap and easy to install. I have allowed $100 as an estimate for the repair.
There are claims for repairs to the kitchen bench and to a kitchen drawer. The bench and the drawer can still be used. I can see from the ingoing photos that the kitchen was very old and run down. Any order for compensation should return the landlord to the position they would have been in had the tenant not breached her obligations. It seems most likely to me that any order for compensation for repairs to the kitchen would mean the tenant paying for an improvement. These claims are dismissed.
The handyman’s invoices list repairs to the window sashes. The ingoing photos do not show the sashes so the landlord cannot prove this damage happened during the tenancy. This claim is dismissed.
The damage to the light switch, the trellis, the wardrobe door, the door handles, the walls, and the shower are likely to be fair wear and tear. These claims are dismissed.
The landlord has proved the exterior weather boards were damaged during the tenancy and I agree the damage was more than fair wear and tear. The landlord said the tenant screwed pieces of iron over a damaged window and frame and in doing so made holes in the exterior weather boards. These had to be bogged, sanded and painted. The insurance assessor estimated $2000 for this repair, but it obviously cost the landlord much less because the total for the handyman for all the repairs was $1200. Unfortunately the invoice does not itemise the cost. I find the actual cost of repair cannot be proved and I am not confident an estimate would be fair. This claim is dismissed.
The garage door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have been provided with an invoice. The amount ordered is proved.
The claim for painting over the graffiti in the garage is dismissed. The landlord has proved the damage happened during the tenancy and it was clearly intentional damage. However I cannot be certain from the handyman’s invoice how much it cost to repair.
The power meter was bypassed during the tenancy which meant the tenant had free power. An electrician had to check and repair the meter and arrange for an inspector to come and check the meter. The landlord has proved the damage happened during the tenancy and it must have been intentional damage. There is no evidence to suggest it was not the tenant who interfered with the power. I have been provided with an invoice. This claim is proved and allowed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion to allow suppression for the parties and the tenancy address because of the violence. I find the risk of harm to the tenant outweighs the public interest. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5344001 — net $936.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 June 2025	$1,894.29		Rent arrears to 13 June 2025
Power board repairs	$579.60		Power board repairs
Cleaning: in the room off the garage	$66.76		Cleaning: in the room off the garage
Repairs: to the garage door	$175.00		Repairs: to the garage door
Repairs: to the bathroom mirror and wall	$100.00		Repairs: to the bathroom mirror and wall
Rubbish removal as claimed in application	$573.00		Rubbish removal as claimed in application
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already refunded to the landlord		$2,480.00	Bond already refunded to the landlord
Total award	$3,416.65	$2,480.00
Net award	$936.65
Total payable by Tenant to Landlord	$936.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The tenant/s] must pay [The landlord/s] $936.65 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing. The tenant had a representative.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by consent.

How much is owed for rent?

The tenancy ended on 13 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

The landlord, tenant, and a representative from [Social service] had a meeting at the house on 9 June 2025. The parties agreed at this meeting that the tenancy would end. There was also an agreement that if a large window was repaired and the house cleaned then the landlords would not file an application in the Tenancy Tribunal.
Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
I was provided with photos taken at the start and at the end of the tenancy. It is agreed evidence that the inside of the house was left reasonably clean and tidy. The garage and a room off the garage were not. There was a substantial amount of rubbish around the outside of the house. I agree with the landlord that the tenancy premises were not left reasonably clean and tidy. This means I can consider the claim, even though there was a verbal agreement with [Social service]. The amounts claimed for cleaning the garage and the adjacent room and for removing the rubbish are reasonable.
At the end of the tenancy tenants must also return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA. The landlord said the tenant did not return the keys. Part of the handyman’s claim is for replacing locks and keys. It is hard for me to work out exactly what the cost of this work is from the invoice. The claim for the locks is dismissed. The landlord has not claimed the cost of replacing the garage door remote.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The 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 she 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.
The representative from [Social service] gave evidence at the second hearing as a witness. She said the tenant had an abuser who smashed a number of windows. Her evidence made it clear that the tenant was trying hard to keep herself safe from the abuser. There is insufficient evidence about that meeting for me to find the landlord was prevented from filing an application for damage. The organisation paid for one large window to be repaired and this was done on 12 June 2025.
The landlord has proved there was damage to other windows and doors and they have claimed the repair from the tenant. It seems most likely to me the person who did the damage was at the house without the tenant’s permission. This means the tenant is not responsible for the cost of repairs to the doors and windows as set out in the handyman’s invoice.
The claim for the bathroom mirror repair is allowed in part. The mirror was missing at the end of the tenancy. The replacement mirror was too small and the walls around the mirror were also damaged. I have some idea of the cost of repair because of an estimate by the insurer. It seems most likely to me some mirror tiles would cover the damage and these are relatively cheap and easy to install. I have allowed $100 as an estimate for the repair.
There are claims for repairs to the kitchen bench and to a kitchen drawer. The bench and the drawer can still be used. I can see from the ingoing photos that the kitchen was very old and run down. Any order for compensation should return the landlord to the position they would have been in had the tenant not breached her obligations. It seems most likely to me that any order for compensation for repairs to the kitchen would mean the tenant paying for an improvement. These claims are dismissed.
The handyman’s invoices list repairs to the window sashes. The ingoing photos do not show the sashes so the landlord cannot prove this damage happened during the tenancy. This claim is dismissed.
The damage to the light switch, the trellis, the wardrobe door, the door handles, the walls, and the shower are likely to be fair wear and tear. These claims are dismissed.
The landlord has proved the exterior weather boards were damaged during the tenancy and I agree the damage was more than fair wear and tear. The landlord said the tenant screwed pieces of iron over a damaged window and frame and in doing so made holes in the exterior weather boards. These had to be bogged, sanded and painted. The insurance assessor estimated $2000 for this repair, but it obviously cost the landlord much less because the total for the handyman for all the repairs was $1200. Unfortunately the invoice does not itemise the cost. I find the actual cost of repair cannot be proved and I am not confident an estimate would be fair. This claim is dismissed.
The garage door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have been provided with an invoice. The amount ordered is proved.
The claim for painting over the graffiti in the garage is dismissed. The landlord has proved the damage happened during the tenancy and it was clearly intentional damage. However I cannot be certain from the handyman’s invoice how much it cost to repair.
The power meter was bypassed during the tenancy which meant the tenant had free power. An electrician had to check and repair the meter and arrange for an inspector to come and check the meter. The landlord has proved the damage happened during the tenancy and it must have been intentional damage. There is no evidence to suggest it was not the tenant who interfered with the power. I have been provided with an invoice. This claim is proved and allowed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion to allow suppression for the parties and the tenancy address because of the violence. I find the risk of harm to the tenant outweighs the public interest. See section 95A RTA.

Tenancy Tribunal case 5344001 — Rent arrears

At a glance

Tenancy Tribunal case 5344001 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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 rent?

Did the tenant comply with her 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