What was Tenancy Tribunal case 5348502 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 5348502?

Cleaning: $327.75 awarded to landlord; Cleaning: $1,868.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $437.14 awarded to landlord; Carpet Excess: $500.00 awarded to landlord; Smoke Alarms: $185.00 awarded to landlord; Log Burner: $344.00 awarded to landlord; Replace Guttering: $1,400.50 awarded to landlord; Property Damage: $1,969.72 awarded to landlord; Window Sashes And Glazing: $1,167.25 awarded to landlord; Rubbish Removal: $5,173.62 awarded to landlord

What type of tenancy dispute was case 5348502?

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

Where can I read the official tribunal order for case 5348502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739869-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5348502 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 5348502?

Cleaning: $327.75 awarded to landlord; Cleaning: $1,868.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $437.14 awarded to landlord; Carpet Excess: $500.00 awarded to landlord; Smoke Alarms: $185.00 awarded to landlord; Log Burner: $344.00 awarded to landlord; Replace Guttering: $1,400.50 awarded to landlord; Property Damage: $1,969.72 awarded to landlord; Window Sashes And Glazing: $1,167.25 awarded to landlord; Rubbish Removal: $5,173.62 awarded to landlord

What type of tenancy dispute was case 5348502?

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

Where can I read the official tribunal order for case 5348502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739869-Tribunal_Order_Redacted.pdf.

13 Kings Drive, Levin, Levin 5510 Tenancy Tribunal Case 5348502 — Property damage

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13 Kings Drive, Levin, Levin 5510 Tenancy Tribunal Case 5348502 — 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 5348502 — net $13,501.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 May 2025	$437.14	Rent arrears to 13 May 2025
Rubbish removal	$5,173.62	Rubbish removal
Cleaning	$1,868.75	Cleaning
Carpet Cleaning	$327.75	Carpet Cleaning
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: replace guttering	$1,400.50	Repairs: replace guttering
Repairs: curtain tracks and smoke alarms	$185.00	Repairs: curtain tracks and smoke alarms
Repairs: log burner	$344.00	Repairs: log burner
Repairs: window sashes and glazing	$1,167.25	Repairs: window sashes and glazing
Repairs: wall damage and painting	$1,969.72	Repairs: wall damage and painting
Repairs: carpet excess	$500.00	Repairs: carpet excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,501.73
Total payable by Tenant to Landlord	$13,501.73

Claims and awards for application 5348502 — net $13,501.73 NZD. Verify on MoJ.

Rent arrears to 13 May 2025

Amount: $437.14
Awarded to: Landlord
Reason: Rent arrears to 13 May 2025

Rubbish removal

Amount: $5,173.62
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,868.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $327.75
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Replace Smoke Alarms Rubbish Removal

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Reggae Doyle-Tawhara must pay [The landlord/s] $13,501.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 13 May 2025$437.14 Rubbish removal$5,173.62 Cleaning$1,868.75 Carpet Cleaning$327.75 Lawns and Garden work$100.00 Repairs: replace guttering$1,400.50 Repairs: curtain tracks and smoke alarms$185.00 Repairs: log burner$344.00 Repairs: window sashes and glazing$1,167.25 Repairs: wall damage and painting$1,969.72 Repairs: carpet excess$500.00 Filing fee reimbursement$28.00 Total award$13,501.73 Total payable by Tenant to Landlord$13,501.73

Reasons

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

How much is owed for rent?

The tenancy ended on 13 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The landlord provided video and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what she wanted, left anything else behind and made no attempt to clean or tidy the property.
The smoke alarms were missing at the end of the tenancy.
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 and video evidence of the following damage was caused during the tenancy: a. The copper guttering at the front of the property had been removed. b. Curtain tracks had been broken. c. The glass to the log burner was broken. d. The window sashes and the glass in bedroom 2 were broken where someone appears to have forced entry. e. There were holes and childish scribbling or writing on the walls of every room. Some of the holes had been inexpertly repaired by the tenant. f. The carpet throughout the property was badly stained. The landlord tried to clean the carpet and remove the stains but was unable to do so and the carpet required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the scale and nature of the damage, it was intentional.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord has returned the property to the condition it was in before the tenant breached her obligations. As a result, the landlord is not better or worse off.
Because [The applicant/s] has wholly succeeded with the claim I 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 5348502 — net $13,501.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 May 2025	$437.14	Rent arrears to 13 May 2025
Rubbish removal	$5,173.62	Rubbish removal
Cleaning	$1,868.75	Cleaning
Carpet Cleaning	$327.75	Carpet Cleaning
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: replace guttering	$1,400.50	Repairs: replace guttering
Repairs: curtain tracks and smoke alarms	$185.00	Repairs: curtain tracks and smoke alarms
Repairs: log burner	$344.00	Repairs: log burner
Repairs: window sashes and glazing	$1,167.25	Repairs: window sashes and glazing
Repairs: wall damage and painting	$1,969.72	Repairs: wall damage and painting
Repairs: carpet excess	$500.00	Repairs: carpet excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,501.73
Total payable by Tenant to Landlord	$13,501.73

Claims and awards for application 5348502 — net $13,501.73 NZD. Verify on MoJ.

Rent arrears to 13 May 2025

Amount: $437.14
Awarded to: Landlord
Reason: Rent arrears to 13 May 2025

Rubbish removal

Amount: $5,173.62
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,868.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $327.75
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Replace Smoke Alarms Rubbish Removal

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Reggae Doyle-Tawhara must pay [The landlord/s] $13,501.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 13 May 2025$437.14 Rubbish removal$5,173.62 Cleaning$1,868.75 Carpet Cleaning$327.75 Lawns and Garden work$100.00 Repairs: replace guttering$1,400.50 Repairs: curtain tracks and smoke alarms$185.00 Repairs: log burner$344.00 Repairs: window sashes and glazing$1,167.25 Repairs: wall damage and painting$1,969.72 Repairs: carpet excess$500.00 Filing fee reimbursement$28.00 Total award$13,501.73 Total payable by Tenant to Landlord$13,501.73

Reasons

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

How much is owed for rent?

The tenancy ended on 13 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The landlord provided video and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what she wanted, left anything else behind and made no attempt to clean or tidy the property.
The smoke alarms were missing at the end of the tenancy.
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 and video evidence of the following damage was caused during the tenancy: a. The copper guttering at the front of the property had been removed. b. Curtain tracks had been broken. c. The glass to the log burner was broken. d. The window sashes and the glass in bedroom 2 were broken where someone appears to have forced entry. e. There were holes and childish scribbling or writing on the walls of every room. Some of the holes had been inexpertly repaired by the tenant. f. The carpet throughout the property was badly stained. The landlord tried to clean the carpet and remove the stains but was unable to do so and the carpet required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the scale and nature of the damage, it was intentional.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord has returned the property to the condition it was in before the tenant breached her obligations. As a result, the landlord is not better or worse off.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5348502 — Property damage at 13 Kings Drive, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5348502 — Property damage at 13 Kings Drive, Levin, 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