How much money was awarded in case 5344586?

Cleaning: $189.75 awarded to landlord; Cleaning: $665.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $184.29 awarded to landlord; Rent Arrears: $2,565.33 awarded to landlord; Heat Pump: $420.80 awarded to landlord; Walls,Windows And Doors: $1,002.18 awarded to landlord; Property Damage: $359.81 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5344586?

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

Where can I read the official tribunal order for case 5344586?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12853426-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5344586?

Cleaning: $189.75 awarded to landlord; Cleaning: $665.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $184.29 awarded to landlord; Rent Arrears: $2,565.33 awarded to landlord; Heat Pump: $420.80 awarded to landlord; Walls,Windows And Doors: $1,002.18 awarded to landlord; Property Damage: $359.81 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5344586?

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

Where can I read the official tribunal order for case 5344586?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12853426-Tribunal_Order_Redacted.pdf.

23 Middlesex Street, Levin 5510 Tenancy Tribunal Case 5344586 — Rent arrears

Q: What was Tenancy Tribunal case 5344586 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 5344586 — net $4,125.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,565.33	Rent arrears
Lock/key replacement	$184.29	Lock/key replacement
Carpet Cleaning	$189.75	Carpet Cleaning
Cleaning	$665.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Repairs: heat pump	$420.80	Repairs: heat pump
Repairs: window damage 2024	$359.81	Repairs: window damage 2024
Repairs: walls,windows and doors	$1,002.18	Repairs: walls,windows and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,125.16
Total payable by Tenant to Landlord	$4,125.16

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

Blair Gilligan must pay [The landlord/s] $4,125.16 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,540.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$2,565.33 Lock/key replacement$184.29 Carpet Cleaning$189.75 Cleaning$665.00 Rubbish removal$250.00 Repairs: heat pump$420.80 Repairs: window damage 2024$359.81 Repairs: walls,windows and doors$1,002.18 Filing fee reimbursement$28.00 Total award$5,665.16 Bond$1,540.00 Total payable by Tenant to Landlord$4,125.16

Reasons

The landlord 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 22 May 2025. The landlord provided rent records which prove the amount owing at 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 had made no attempt to clean and the carpet was stained and dirty throughout the house.

The tenant did not return the keys.

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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A window was damaged in 2024 and the landlord advised that the tenant had accepted liability for the amount claimed during the tenancy. b. There were holes in the walls of every room. From their height and size they were caused by intentional punches and kicks. c. The lounge door had been kicked open causing damage to the door and the frame. d. Two windows were broken. e. The heat pump cover had been ripped off and the remote was damaged beyond repair.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The Tribunal can reasonably conclude on the balance of probabilities from the scale and nature of the damage that it was caused intentionally.

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 amounts claimed have been modest and I am satisfied that the property is in no better condition than if the repairs not been required. There is no element of betterment. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5344586 — net $4,125.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,565.33	Rent arrears
Lock/key replacement	$184.29	Lock/key replacement
Carpet Cleaning	$189.75	Carpet Cleaning
Cleaning	$665.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Repairs: heat pump	$420.80	Repairs: heat pump
Repairs: window damage 2024	$359.81	Repairs: window damage 2024
Repairs: walls,windows and doors	$1,002.18	Repairs: walls,windows and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,125.16
Total payable by Tenant to Landlord	$4,125.16

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Blair Gilligan must pay [The landlord/s] $4,125.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,540.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$2,565.33 Lock/key replacement$184.29 Carpet Cleaning$189.75 Cleaning$665.00 Rubbish removal$250.00 Repairs: heat pump$420.80 Repairs: window damage 2024$359.81 Repairs: walls,windows and doors$1,002.18 Filing fee reimbursement$28.00 Total award$5,665.16 Bond$1,540.00 Total payable by Tenant to Landlord$4,125.16

Reasons

The landlord 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 22 May 2025. The landlord provided rent records which prove the amount owing at 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 had made no attempt to clean and the carpet was stained and dirty throughout the house.
The tenant did not return the keys.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A window was damaged in 2024 and the landlord advised that the tenant had accepted liability for the amount claimed during the tenancy. b. There were holes in the walls of every room. From their height and size they were caused by intentional punches and kicks. c. The lounge door had been kicked open causing damage to the door and the frame. d. Two windows were broken. e. The heat pump cover had been ripped off and the remote was damaged beyond repair.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The Tribunal can reasonably conclude on the balance of probabilities from the scale and nature of the damage that it was caused intentionally.
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 amounts claimed have been modest and I am satisfied that the property is in no better condition than if the repairs not been required. There is no element of betterment. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5344586 — Rent arrears at 23 Middlesex Street, Levin 5510

At a glance

Tenancy Tribunal case 5344586 — Rent arrears at 23 Middlesex Street, Levin 5510

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

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

Frequently asked questions