What was the outcome of Tenancy Tribunal case 5352303?

The tribunal order states: Nohokainga Maraki must pay Property Brokers Limited as Agent for Eren

How much money was awarded in case 5352303?

Filing Fee: $28.00 awarded to landlord; Painting: $1,750.00 awarded to landlord; Plumbing Work: $297.15 awarded to landlord; Property Damage: $1,850.00 awarded to landlord; Property Damage: $352.77 awarded to landlord; Rent Arrears: $1,240.00 awarded to landlord; Replace Blinds: $866.81 awarded to landlord; Replace Carpet: $1,513.12 awarded to landlord; Replace Cat Flap: $235.75 awarded to landlord; Replace Curtains: $154.00 awarded to landlord; Replace Toilet Seat: $45.00 awarded to landlord; Replace Vanity: $150.00 awarded to landlord

What type of tenancy dispute was case 5352303?

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

Where can I read the official tribunal order for case 5352303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13170051-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5352303?

The tribunal order states: Nohokainga Maraki must pay Property Brokers Limited as Agent for Eren

How much money was awarded in case 5352303?

Filing Fee: $28.00 awarded to landlord; Painting: $1,750.00 awarded to landlord; Plumbing Work: $297.15 awarded to landlord; Property Damage: $1,850.00 awarded to landlord; Property Damage: $352.77 awarded to landlord; Rent Arrears: $1,240.00 awarded to landlord; Replace Blinds: $866.81 awarded to landlord; Replace Carpet: $1,513.12 awarded to landlord; Replace Cat Flap: $235.75 awarded to landlord; Replace Curtains: $154.00 awarded to landlord; Replace Toilet Seat: $45.00 awarded to landlord; Replace Vanity: $150.00 awarded to landlord

What type of tenancy dispute was case 5352303?

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

Where can I read the official tribunal order for case 5352303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13170051-Tribunal_Order.pdf.

Unit/Flat Flat 1, 507 St Aubyn Street East, Hastings, Tenancy Tribunal Case 5352303 — Property damage

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Unit/Flat Flat 1, 507 St Aubyn Street East, Hastings, Tenancy Tribunal Case 5352303 — 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 5352303 — net $6,362.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 June 2025	$1,240.00	Rent arrears to 11 June 2025
Replace carpet	$1,513.12	Replace carpet
Electrical repairs	$1,850.00	Electrical repairs
Painting	$1,750.00	Painting
Replace blinds	$866.81	Replace blinds
Lock/key replacement	$352.77	Lock/key replacement
Replace curtains	$154.00	Replace curtains
Replace toilet seat	$45.00	Replace toilet seat
Replace vanity	$150.00	Replace vanity
Plumbing work	$297.15	Plumbing work
Replace cat flap	$235.75	Replace cat flap
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,362.60
Total payable by Tenant to Landlord	$6,362.60

Claims and awards for application 5352303 — net $6,362.60 NZD. Verify on MoJ.

Rent arrears to 11 June 2025

Amount: $1,240.00
Awarded to: Landlord
Reason: Rent arrears to 11 June 2025

Replace carpet

Amount: $1,513.12
Awarded to: Landlord
Reason: Replace carpet

Electrical repairs

Amount: $1,850.00
Awarded to: Landlord
Reason: Electrical repairs

Painting

Amount: $1,750.00
Awarded to: Landlord
Reason: Painting

Replace blinds

Amount: $866.81
Awarded to: Landlord
Reason: Replace blinds

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Nohokainga Maraki must pay Property Brokers Limited as Agent for Eren Dursun $6,362.60 immediately, calculated as shown below.

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend and couldn’t be contacted on the number given in the Notice of Hearing, which was properly served.
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 June 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 a 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.
The tenant did not return the keys. The landlord is entitled to compensation for the cost of replacing locks as proved by the locksmith invoice 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. 1
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). 2
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. 3
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 1 Ss. 40(2)(a), 41 and 49B RTA. 2 S. 49B(3)(b) RTA 3 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 4
A comparison of the entry and exit inspection photographs show that extensive damage was caused to the premise during the tenancy. The owner’s state that their insurance claim was declined because the damage was assessed as wilful and outside the terms of their cover.
The evidence satisfies me on balance that the majority of the damage was caused intentionally, at least is that term is defined in Guo v Korck (above).
The work to repair the premises is ongoing. Some of it has been completed and receipts for payment are available. Some is yet to be done.
This Order deals only with the claims noted above. The landlord is entitled to file further claims in respect of damage not specifically dealt with in this Order. Carpets/ Curtains/ Blinds
These have all been replaced.
The entry inspection photographs show some existing wear and damage to the carpets when the tenancy began. I accept the landlord’s position that without the further damage that occurred during the tenancy they would not yet need to be replaced.
For residential rental properties, IRD depreciation tables given an expected useful life for these chattels of 8 years. I understand that these items were installed around the start of the prior tenancy, about 3½ years ago. Depreciation is calculated accordingly.
Significant electrical repairs were required to replace damaged fittings and appliances.
The amount paid is proved by the invoice provided. I have not awarded compensation for the cost of replacing 2 x bedroom heaters. The appear from entry inspection photos to be of an age and type taking them beyond their useful life. Another electrical report notes that the heaters should not be placed where they were, being too close to the curtains, so they would likely have had to be moved anyway. I have also reduced the compensation sum to allow for depreciation on the extractor fan that was replaced.
The claim includes the cost of repainting the interior of the premises. The amount claimed is 50% of the sum charged to the owners. Having regard to the entry inspection photos showing the somewhat worn condition of the premises 4 See Guo v Korck [2019] NZHC 1541. when the tenancy began, a slightly greater allowance for improvement value is made.
The bathroom vanity required replacement. I have awarded compensation for the cost of a second hand vanity sourced by the owners. Installation cost has not yet been incurred but can be included in a future claim if one is brought. The same tradesman did plumbing work which is included in the compensation awarded.
The owners should be compensated for the cost of the toilet seat replacement and for the cost of replacing the cat flap as proved by the trades’ invoice.
Because the landlord has succeeded with the claim I 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 5352303 — net $6,362.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 June 2025	$1,240.00	Rent arrears to 11 June 2025
Replace carpet	$1,513.12	Replace carpet
Electrical repairs	$1,850.00	Electrical repairs
Painting	$1,750.00	Painting
Replace blinds	$866.81	Replace blinds
Lock/key replacement	$352.77	Lock/key replacement
Replace curtains	$154.00	Replace curtains
Replace toilet seat	$45.00	Replace toilet seat
Replace vanity	$150.00	Replace vanity
Plumbing work	$297.15	Plumbing work
Replace cat flap	$235.75	Replace cat flap
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,362.60
Total payable by Tenant to Landlord	$6,362.60

Claims and awards for application 5352303 — net $6,362.60 NZD. Verify on MoJ.

Rent arrears to 11 June 2025

Amount: $1,240.00
Awarded to: Landlord
Reason: Rent arrears to 11 June 2025

Replace carpet

Amount: $1,513.12
Awarded to: Landlord
Reason: Replace carpet

Electrical repairs

Amount: $1,850.00
Awarded to: Landlord
Reason: Electrical repairs

Painting

Amount: $1,750.00
Awarded to: Landlord
Reason: Painting

Replace blinds

Amount: $866.81
Awarded to: Landlord
Reason: Replace blinds

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Nohokainga Maraki must pay Property Brokers Limited as Agent for Eren Dursun $6,362.60 immediately, calculated as shown below.

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend and couldn’t be contacted on the number given in the Notice of Hearing, which was properly served.
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 June 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 a 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.
The tenant did not return the keys. The landlord is entitled to compensation for the cost of replacing locks as proved by the locksmith invoice 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. 1
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). 2
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. 3
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 1 Ss. 40(2)(a), 41 and 49B RTA. 2 S. 49B(3)(b) RTA 3 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 4
A comparison of the entry and exit inspection photographs show that extensive damage was caused to the premise during the tenancy. The owner’s state that their insurance claim was declined because the damage was assessed as wilful and outside the terms of their cover.
The evidence satisfies me on balance that the majority of the damage was caused intentionally, at least is that term is defined in Guo v Korck (above).
The work to repair the premises is ongoing. Some of it has been completed and receipts for payment are available. Some is yet to be done.
This Order deals only with the claims noted above. The landlord is entitled to file further claims in respect of damage not specifically dealt with in this Order. Carpets/ Curtains/ Blinds
These have all been replaced.
The entry inspection photographs show some existing wear and damage to the carpets when the tenancy began. I accept the landlord’s position that without the further damage that occurred during the tenancy they would not yet need to be replaced.
For residential rental properties, IRD depreciation tables given an expected useful life for these chattels of 8 years. I understand that these items were installed around the start of the prior tenancy, about 3½ years ago. Depreciation is calculated accordingly.
Significant electrical repairs were required to replace damaged fittings and appliances.
The amount paid is proved by the invoice provided. I have not awarded compensation for the cost of replacing 2 x bedroom heaters. The appear from entry inspection photos to be of an age and type taking them beyond their useful life. Another electrical report notes that the heaters should not be placed where they were, being too close to the curtains, so they would likely have had to be moved anyway. I have also reduced the compensation sum to allow for depreciation on the extractor fan that was replaced.
The claim includes the cost of repainting the interior of the premises. The amount claimed is 50% of the sum charged to the owners. Having regard to the entry inspection photos showing the somewhat worn condition of the premises 4 See Guo v Korck [2019] NZHC 1541. when the tenancy began, a slightly greater allowance for improvement value is made.
The bathroom vanity required replacement. I have awarded compensation for the cost of a second hand vanity sourced by the owners. Installation cost has not yet been incurred but can be included in a future claim if one is brought. The same tradesman did plumbing work which is included in the compensation awarded.
The owners should be compensated for the cost of the toilet seat replacement and for the cost of replacing the cat flap as proved by the trades’ invoice.
Because the landlord has succeeded with the claim I reimburse the filing fee.

Tenancy Tribunal case 5352303 — Property damage at Unit/Flat Flat 1, 507 St Aubyn Street East, Hastings,

At a glance

Tenancy Tribunal case 5352303 — Property damage at Unit/Flat Flat 1, 507 St Aubyn Street East, Hastings,

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

Property management

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

Property management

Frequently asked questions