What was Tenancy Tribunal case 5347941 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 5347941?

Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $94.79 awarded to landlord; Property Damage: $99.00 awarded to landlord; Rent Arrears: $1,119.80 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $99.36 awarded to landlord

What type of tenancy dispute was case 5347941?

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

Where can I read the official tribunal order for case 5347941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13193234-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5347941 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 5347941?

Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $94.79 awarded to landlord; Property Damage: $99.00 awarded to landlord; Rent Arrears: $1,119.80 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $99.36 awarded to landlord

What type of tenancy dispute was case 5347941?

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

Where can I read the official tribunal order for case 5347941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13193234-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5347941 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5347941 — net $4,130.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,119.80		Rent arrears
Cleaning	$920.00		Cleaning
Rubbish removal	$99.36		Rubbish removal
Lock/key replacement	$99.00		Lock/key replacement
Lock/key replacement: Garage remote	$94.79		Lock/key replacement: Garage remote
Repairs: Carpet insurance excess	$550.00		Repairs: Carpet insurance excess
Repairs: Carpet insurance excess	$550.00		Repairs: Carpet insurance excess
Repairs: Kitchen joinery insurance excess	$550.00		Repairs: Kitchen joinery insurance excess
Repairs: Lounge walls insurance excess	$550.00		Repairs: Lounge walls insurance excess
Repairs: Master bedroom walls insurance excess	$550.00		Repairs: Master bedroom walls insurance excess
Repairs: Bedroom walls insurance excess	$550.00		Repairs: Bedroom walls insurance excess
Repairs: Hallway walls insurance excess	$550.00		Repairs: Hallway walls insurance excess
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond release		$2,080.00	Bond release
Total award	$6,210.95	$2,080.00
Net award	$4,130.95
Total payable by Tenant to Landlord	$4,130.95

The landlord attended the hearing.

The tenant did not attend 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 11 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,119.80.

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. 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 landlord provided photos of the premises which show that adhesive prints had been put on kitchen joinery which the cleaners attempted to remove. The bathroom was not reasonably tidy. The tenant had placed adhesive stickers on the windows. The oven and rangehood were not reasonably clean. The landlord provided an invoice from the cleaners for $920.00.

Rubbish and garden waste had not been removed. The landlord provided a receipt from the transfer station for $99.36.

The tenant did not return the keys and garage remote. The landlord provided receipts for $99.00 (lock) and $ 94.79 (remote).

The amounts ordered are 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 excess on the landlord’s policy of insurance is $550.00 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.

The following damage was caused during the tenancy: The carpet in the bedroom was damaged Photos were provided which show paint, burns, dirt and grime. The carpet was more than 10 years old. The replacement cost is $3,110.00. The landlord seeks the insurance excess of $550.00. The carpet in the lounge and dining room was damaged. Photos were provided which show paint, burns, dirt and grime. The carpet was more than 10 years old. The replacement cost is $6,135.00. The landlord seeks the insurance excess of $550.00. The kitchen joinery was damaged. Photos were provided which show that the tenant has put adhesive coverings on the joinery. The cleaner has attempted to remove it. The joinery has been left with a damp and sticky surface which needed to be replaced. The repair cost is $7,119.45. The landlord seeks the insurance excess of $550.00. The lounge walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $3,238.40. The landlord seeks the insurance excess of $550.00. The master bedroom walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $1,834.25. The landlord seeks the insurance excess of $550.00. The walls to a second bedroom were damaged. Photos were provided which show large holes and spray paint. The repairs cost $2,597.05. The landlord seeks the insurance excess of $550.00. The hallway walls and stairwell walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $2,756.44. The landlord seeks the insurance excess of $550.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

I have taken into account betterment and depreciation.

The landlord already holds the tenant’s bond of $2,080.00. Those funds are to be paid to the landlord in part payment of the sums ordered to be paid to the landlord by the tenant.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details.

Claims and awards in Tenancy Tribunal application 5347941 — net $4,130.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,119.80		Rent arrears
Cleaning	$920.00		Cleaning
Rubbish removal	$99.36		Rubbish removal
Lock/key replacement	$99.00		Lock/key replacement
Lock/key replacement: Garage remote	$94.79		Lock/key replacement: Garage remote
Repairs: Carpet insurance excess	$550.00		Repairs: Carpet insurance excess
Repairs: Carpet insurance excess	$550.00		Repairs: Carpet insurance excess
Repairs: Kitchen joinery insurance excess	$550.00		Repairs: Kitchen joinery insurance excess
Repairs: Lounge walls insurance excess	$550.00		Repairs: Lounge walls insurance excess
Repairs: Master bedroom walls insurance excess	$550.00		Repairs: Master bedroom walls insurance excess
Repairs: Bedroom walls insurance excess	$550.00		Repairs: Bedroom walls insurance excess
Repairs: Hallway walls insurance excess	$550.00		Repairs: Hallway walls insurance excess
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond release		$2,080.00	Bond release
Total award	$6,210.95	$2,080.00
Net award	$4,130.95
Total payable by Tenant to Landlord	$4,130.95

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Gabriela Newman must pay [The landlord/s] $4,130.95 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenant did not attend 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 11 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,119.80.

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. 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 landlord provided photos of the premises which show that adhesive prints had been put on kitchen joinery which the cleaners attempted to remove. The bathroom was not reasonably tidy. The tenant had placed adhesive stickers on the windows. The oven and rangehood were not reasonably clean. The landlord provided an invoice from the cleaners for $920.00.
Rubbish and garden waste had not been removed. The landlord provided a receipt from the transfer station for $99.36.
The tenant did not return the keys and garage remote. The landlord provided receipts for $99.00 (lock) and $ 94.79 (remote).
The amounts ordered are 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 excess on the landlord’s policy of insurance is $550.00 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.
The following damage was caused during the tenancy: The carpet in the bedroom was damaged Photos were provided which show paint, burns, dirt and grime. The carpet was more than 10 years old. The replacement cost is $3,110.00. The landlord seeks the insurance excess of $550.00. The carpet in the lounge and dining room was damaged. Photos were provided which show paint, burns, dirt and grime. The carpet was more than 10 years old. The replacement cost is $6,135.00. The landlord seeks the insurance excess of $550.00. The kitchen joinery was damaged. Photos were provided which show that the tenant has put adhesive coverings on the joinery. The cleaner has attempted to remove it. The joinery has been left with a damp and sticky surface which needed to be replaced. The repair cost is $7,119.45. The landlord seeks the insurance excess of $550.00. The lounge walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $3,238.40. The landlord seeks the insurance excess of $550.00. The master bedroom walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $1,834.25. The landlord seeks the insurance excess of $550.00. The walls to a second bedroom were damaged. Photos were provided which show large holes and spray paint. The repairs cost $2,597.05. The landlord seeks the insurance excess of $550.00. The hallway walls and stairwell walls were damaged. Photos were provided which show large holes and spray paint. The repairs cost $2,756.44. The landlord seeks the insurance excess of $550.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
I have taken into account betterment and depreciation.
The landlord already holds the tenant’s bond of $2,080.00. Those funds are to be paid to the landlord in part payment of the sums ordered to be paid to the landlord by the tenant.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details.

Tenancy Tribunal case 5347941 — Property damage

At a glance

Tenancy Tribunal case 5347941 — Property damage

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