What was Tenancy Tribunal case 5346004 about?

The tribunal order states: This order replaces the Tribunal Order dated 27 January 2026.

How much money was awarded in case 5346004?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Owed To 21/10/2025: $4,965.71 awarded to landlord; Toilet Seat Cover: $120.00 awarded to landlord; Walls: $400.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Smoke Alarms: $35.00 awarded to landlord; Water Charges To End Of Tenancy: $840.66 awarded to landlord

What type of tenancy dispute was case 5346004?

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

Where can I read the official tribunal order for case 5346004?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13037334-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5346004 about?

The tribunal order states: This order replaces the Tribunal Order dated 27 January 2026.

How much money was awarded in case 5346004?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Owed To 21/10/2025: $4,965.71 awarded to landlord; Toilet Seat Cover: $120.00 awarded to landlord; Walls: $400.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Smoke Alarms: $35.00 awarded to landlord; Water Charges To End Of Tenancy: $840.66 awarded to landlord

What type of tenancy dispute was case 5346004?

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

Where can I read the official tribunal order for case 5346004?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13037334-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5346004 — Property damage

Claims and awards in Tenancy Tribunal application 5346004 — net $4,279.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 21/10/2025	$4,965.71	Rent owed to 21/10/2025
Water charges to end of tenancy	$840.66	Water charges to end of tenancy
Lock/key replacement	$250.00	Lock/key replacement
Cleaning: and carpet cleaning	$500.00	Cleaning: and carpet cleaning
Rubbish removal	$300.00	Rubbish removal
Repairs: Walls	$400.00	Repairs: Walls
Repairs: Toilet seat cover	$120.00	Repairs: Toilet seat cover
Replace missing smoke alarm	$35.00	Replace missing smoke alarm
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,279.37
Total payable by Tenant to Landlord	$4,279.37

Order

This order replaces the Tribunal Order dated 27 January 2026.
An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names name and identifying details.
The Bond Centre is to refund the bond of $3160.00 to the landlord immediately. 4.
The tenant must pay the debt in order 4 as follows: (a) [Tenant 1] must pay $40.00 per week towards the debt. (b) [Tenant 2] must pay $40.00 per week towards the debt. DescriptionLandlord Rent owed to 21/10/2025 Water charges to end of tenancy $4,965.71 $840.66 Lock/key replacement$250.00 Cleaning: and carpet cleaning$500.00 Rubbish removal$300.00 Repairs: Walls$400.00 Repairs: Toilet seat cover$120.00 Replace missing smoke alarm$35.00 Filing fee reimbursement$28.00 Total award$7,439.37 Minus Bond$3,160.00 Total payable by Tenant to Landlord$4,279.37 (c) The first payment must be made on Thursday 5 February 2026 and payments must continue every Thursday until the debt is paid in full. (d) If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The Tribunal made an order on 27 January 2026 following a teleconference hearing. There was an error in the order as it omitted to include the water charges discussed at the hearing. This order amends the original order and includes the water charges owed on the property. The final invoice of $189.20 is deducted from the amount claimed as this was related to water used after the tenants had left the premises. The amount of $840.66 is ordered being $1029.86 less $189.20.
This order replaces the Tribunal Order dated 27 January 2026. In all other respects the order and reasons remain the same as recorded below.
Both parties attended the hearing which took place by teleconference.
The tenants rented a 4 bedroom apartment from the landlord in November 2024 and signed a fixed term contract to end on 18 November 2025.
The tenants went through some difficult times which made it hard to pay their rent and sought to end the fixed term early.
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
There was some dispute between the parties regarding the end of the tenancy.
The tenants gave 21 days’ notice by email on 28 August 2025 to end the tenancy on 19 September 2025.
The landlord replied by email on 29 August 2025 that this was a fixed term tenancy until 18 November 2025.
The parties’ met at Burger King. The tenant stated that the landlord showed her on his laptop the costs of ending the fixed term early.
The landlord sent an email to the tenants on 2 September 2025 advising that there was an agreement to release the tenants from the fixed term contract after re-renting the property, providing an estimate of costs involved in ending the fixed term early and requesting an email from the tenant requesting to be released from the fixed term and payment upfront. The tenant did not reply.
The landlord sent a follow up email on 17 September 2025 which also stated that the body corporate said there was rubbish left outside the property.
The tenant replied disputing that the rubbish was theirs.
On 22 September 2025 the landlord advertised the property for rent.
On 9 October 2025 the landlord emailed the tenants to advise that new tenants had been found and the new tenancy would commence on 22 October 2025.
The landlord has provided a rent summary and seeks rent to 21 October 2025.
I am satisfied that the rent owed until new tenants were found has been proved and that the landlord took reasonable steps to mitigate any loss and therefore order rent owed to 21 October 2025. Recovery of expenses incurred by the landlord s. 44A
A landlord who consents to termination of a tenancy is entitled to recover from the outgoing tenant expenses reasonably incurred in respect of the termination.
A landlord who seeks to recover expenses must first provide an itemised account to the tenant of any expenses incurred in respect to [an assignment, a subletting, parting with possession or termination under Section 50(1)(d)]. See section 44A Residential Tenancies Act 1986.
The landlord seeks to recover the sum of $842.20 from the tenant in respect of the termination of the fixed term.
The landlord sent an estimate to the tenant, but no itemised account of actual expenses was sent, therefore the landlord has failed to prove this claim.
In any event, even if an itemised account had been sent the landlord also needs to prove that the expenses were reasonably incurred. In this case the new tenancy commenced only 4 weeks before the expiry of the fixed term, therefore, the landlord would likely have incurred these expenses within a short time anyway.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepted the cleaning and interior rubbish but claimed that some rubbish at the exterior of the property was not theirs. The tenant notified the landlord of this when it was first raised with them. I accept the tenant’s evidence and have reduced the amount ordered for rubbish removal by half.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: One smoke alarm.
The amounts ordered are proved. An exit inspection report with photographs and invoices have been provided.

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.
The following damage was caused during the tenancy: (a)Damage to paintwork. The landlord provided entry and exit inspection photographs and an invoice. The tenant accepted some damage. Having considered the photographs I find that there are some marks that go beyond fair wear and tear in particular the marks on the ceiling and the larger marks but that many of the marks shown in the photographs on the lower walls and stairway are fair wear and tear as a result of daily use. The invoice provided is for $1200.00 for fully repainting more than 10 walls together with the walls of both staircases up to 2m. I find that this goes beyond what is required to remedy damage and find that the tenant is liable for one third of this cost in the sum of $400.00. (b)Damage to a toilet seat requiring replacement. The landlord provided entry and exit photographs and an invoice. The damage is more than fair wear and tear, and the tenant accepts the damage.
The amounts ordered are proved. Filing fee/Suppression
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant seeks suppression of all party names. Having considered the factors in this case I find that the interests of the parties outweigh the public interest in their identities and the Tribunal grants suppression as sought.

Claims and awards in Tenancy Tribunal application 5346004 — net $4,279.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 21/10/2025	$4,965.71	Rent owed to 21/10/2025
Water charges to end of tenancy	$840.66	Water charges to end of tenancy
Lock/key replacement	$250.00	Lock/key replacement
Cleaning: and carpet cleaning	$500.00	Cleaning: and carpet cleaning
Rubbish removal	$300.00	Rubbish removal
Repairs: Walls	$400.00	Repairs: Walls
Repairs: Toilet seat cover	$120.00	Repairs: Toilet seat cover
Replace missing smoke alarm	$35.00	Replace missing smoke alarm
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,279.37
Total payable by Tenant to Landlord	$4,279.37

Order

This order replaces the Tribunal Order dated 27 January 2026.
An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names name and identifying details.
The Bond Centre is to refund the bond of $3160.00 to the landlord immediately. 4.
The tenant must pay the debt in order 4 as follows: (a) [Tenant 1] must pay $40.00 per week towards the debt. (b) [Tenant 2] must pay $40.00 per week towards the debt. DescriptionLandlord Rent owed to 21/10/2025 Water charges to end of tenancy $4,965.71 $840.66 Lock/key replacement$250.00 Cleaning: and carpet cleaning$500.00 Rubbish removal$300.00 Repairs: Walls$400.00 Repairs: Toilet seat cover$120.00 Replace missing smoke alarm$35.00 Filing fee reimbursement$28.00 Total award$7,439.37 Minus Bond$3,160.00 Total payable by Tenant to Landlord$4,279.37 (c) The first payment must be made on Thursday 5 February 2026 and payments must continue every Thursday until the debt is paid in full. (d) If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The Tribunal made an order on 27 January 2026 following a teleconference hearing. There was an error in the order as it omitted to include the water charges discussed at the hearing. This order amends the original order and includes the water charges owed on the property. The final invoice of $189.20 is deducted from the amount claimed as this was related to water used after the tenants had left the premises. The amount of $840.66 is ordered being $1029.86 less $189.20.
This order replaces the Tribunal Order dated 27 January 2026. In all other respects the order and reasons remain the same as recorded below.
Both parties attended the hearing which took place by teleconference.
The tenants rented a 4 bedroom apartment from the landlord in November 2024 and signed a fixed term contract to end on 18 November 2025.
The tenants went through some difficult times which made it hard to pay their rent and sought to end the fixed term early.
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
There was some dispute between the parties regarding the end of the tenancy.
The tenants gave 21 days’ notice by email on 28 August 2025 to end the tenancy on 19 September 2025.
The landlord replied by email on 29 August 2025 that this was a fixed term tenancy until 18 November 2025.
The parties’ met at Burger King. The tenant stated that the landlord showed her on his laptop the costs of ending the fixed term early.
The landlord sent an email to the tenants on 2 September 2025 advising that there was an agreement to release the tenants from the fixed term contract after re-renting the property, providing an estimate of costs involved in ending the fixed term early and requesting an email from the tenant requesting to be released from the fixed term and payment upfront. The tenant did not reply.
The landlord sent a follow up email on 17 September 2025 which also stated that the body corporate said there was rubbish left outside the property.
The tenant replied disputing that the rubbish was theirs.
On 22 September 2025 the landlord advertised the property for rent.
On 9 October 2025 the landlord emailed the tenants to advise that new tenants had been found and the new tenancy would commence on 22 October 2025.
The landlord has provided a rent summary and seeks rent to 21 October 2025.
I am satisfied that the rent owed until new tenants were found has been proved and that the landlord took reasonable steps to mitigate any loss and therefore order rent owed to 21 October 2025. Recovery of expenses incurred by the landlord s. 44A
A landlord who consents to termination of a tenancy is entitled to recover from the outgoing tenant expenses reasonably incurred in respect of the termination.
A landlord who seeks to recover expenses must first provide an itemised account to the tenant of any expenses incurred in respect to [an assignment, a subletting, parting with possession or termination under Section 50(1)(d)]. See section 44A Residential Tenancies Act 1986.
The landlord seeks to recover the sum of $842.20 from the tenant in respect of the termination of the fixed term.
The landlord sent an estimate to the tenant, but no itemised account of actual expenses was sent, therefore the landlord has failed to prove this claim.
In any event, even if an itemised account had been sent the landlord also needs to prove that the expenses were reasonably incurred. In this case the new tenancy commenced only 4 weeks before the expiry of the fixed term, therefore, the landlord would likely have incurred these expenses within a short time anyway.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepted the cleaning and interior rubbish but claimed that some rubbish at the exterior of the property was not theirs. The tenant notified the landlord of this when it was first raised with them. I accept the tenant’s evidence and have reduced the amount ordered for rubbish removal by half.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: One smoke alarm.
The amounts ordered are proved. An exit inspection report with photographs and invoices have been provided.

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.
The following damage was caused during the tenancy: (a)Damage to paintwork. The landlord provided entry and exit inspection photographs and an invoice. The tenant accepted some damage. Having considered the photographs I find that there are some marks that go beyond fair wear and tear in particular the marks on the ceiling and the larger marks but that many of the marks shown in the photographs on the lower walls and stairway are fair wear and tear as a result of daily use. The invoice provided is for $1200.00 for fully repainting more than 10 walls together with the walls of both staircases up to 2m. I find that this goes beyond what is required to remedy damage and find that the tenant is liable for one third of this cost in the sum of $400.00. (b)Damage to a toilet seat requiring replacement. The landlord provided entry and exit photographs and an invoice. The damage is more than fair wear and tear, and the tenant accepts the damage.
The amounts ordered are proved. Filing fee/Suppression
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant seeks suppression of all party names. Having considered the factors in this case I find that the interests of the parties outweigh the public interest in their identities and the Tribunal grants suppression as sought.

Tenancy Tribunal case 5346004 — Property damage

At a glance

Tenancy Tribunal case 5346004 — Property damage

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