What was Tenancy Tribunal case 5353601 about?

The tribunal order states: [The tenant/s] must pay VNG Rentals Limited As Agents For Suo

How much money was awarded in case 5353601?

Cleaning: $322.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5288659 D…: $5,013.66 awarded to landlord; Property Damage: $322.00 awarded to landlord; Walls/Wardrobe - Repainting: $1,092.50 awarded to landlord; Rubbish Removal: $800.40 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5353601?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5353601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12797538-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5353601 about?

The tribunal order states: [The tenant/s] must pay VNG Rentals Limited As Agents For Suo

How much money was awarded in case 5353601?

Cleaning: $322.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5288659 D…: $5,013.66 awarded to landlord; Property Damage: $322.00 awarded to landlord; Walls/Wardrobe - Repainting: $1,092.50 awarded to landlord; Rubbish Removal: $800.40 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5353601?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5353601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12797538-Tenancy_Tribunal_Order.pdf.

443 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5353601 — Property damage

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443 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5353601 — 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 5353601 — net $8,360.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5288659 dated 12/08/2025	$5,013.66	Previous order application 5288659 dated 12/08/2025
Repairs: Walls - repair holes	$322.00	Repairs: Walls - repair holes
Repairs: Walls/wardrobe - repainting	$1,092.50	Repairs: Walls/wardrobe - repainting
Rubbish removal: Labour	$402.50	Rubbish removal: Labour
Rubbish removal: Bins - disposal	$800.40	Rubbish removal: Bins - disposal
Cleaning	$322.00	Cleaning
Electrical fittings replacement/repair: Mains cabling	$172.50	Electrical fittings replacement/repair: Mains cabling
Electrical fittings replacement/repair: Bathroom heater	$207.00	Electrical fittings replacement/repair: Bathroom heater
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,360.56
Total payable by Tenant to Landlord	$8,360.56

Claims and awards for application 5353601 — net $8,360.56 NZD. Verify on MoJ.

Previous order application 5288659 dated 12/08/2025

Amount: $5,013.66
Awarded to: Landlord
Reason: Previous order application 5288659 dated 12/08/2025

Repairs: Walls - repair holes

Amount: $322.00
Awarded to: Landlord
Reason: Repairs: Walls - repair holes

Repairs: Walls/wardrobe - repainting

Amount: $1,092.50
Awarded to: Landlord
Reason: Repairs: Walls/wardrobe - repainting

Rubbish removal: Labour

Amount: $402.50
Awarded to: Landlord
Reason: Rubbish removal: Labour

Rubbish removal: Bins - disposal

Amount: $800.40
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rubbish Removal

Order

[The tenant/s] must pay VNG Rentals Limited As Agents For Suo Yue Ying $8,360.56 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 5288659 dated 12/08/2025$5,013.66 Repairs: Walls - repair holes$322.00 Repairs: Walls/wardrobe - repainting$1,092.50 Rubbish removal: Labour$402.50 Rubbish removal: Bins - disposal$800.40 Cleaning$322.00 Electrical fittings replacement/repair: Mains cabling$172.50 Electrical fittings replacement/repair: Bathroom heater$207.00 Filing fee reimbursement$28.00 Total award$8,360.56 Total payable by Tenant to Landlord$8,360.56
This order incorporates the Tribunal order made on 12 August 2025 under application 5288659.

Reasons

The landlord attended the hearing, conducted via teleconference. Ms Selina Yu represented the landlord.
Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
I note the tenant did not appear or answer calls at the 12 August 2025 hearing either.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
A previous order is joined to this order. That order terminated the tenancy and made orders for rent arrears and the bond.

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 landlord provided entry and exit photos that show large amounts of abandoned furniture, particularly beds and couches.
It also provided invoices for the costs incurred in rubbish removal as well as the cleaning after the rubbish was removed.
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 following damage was caused during the tenancy: a. Bathroom heater. The bathroom heater was pulled from the wall and had the electricity disconnected. This cost $207.00 to repair, as established by an invoice, and is awarded. b. Wardrobe door and side wall. There were a number of small holes in the wardrobe door and a larger one within the wardrobe wall. The cost of repair was $322.00 as shown on the invoice submitted and this is awarded. c. Electrical supply. An electricity was engaged to inspect the mains power supply given signs of interference with the electricity supply within the house. This confirmed interference. The inspection invoice of $172.50 was provided and that is accepted. The subsequent repair is yet to be invoiced, some 3-4 months later, and that should form a separate application later if the landlord wants to pursue that cost. d. Walls. A number of walls had holes made in them, possibly to run power elsewhere. Other areas showed markings that could not be removed. The walls required repair and repainting at a cost of $1,092.50. Photos confirm the need for the work over multiple walls and the full amount is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Prior order
On 12 August 2025 the Tribunal made an order relating to this tenancy, for termination, rent arrears and water rates to 12 August 2025. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because VNG Rentals Limited As Agents For Suo Yue Ying 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 5353601 — net $8,360.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5288659 dated 12/08/2025	$5,013.66	Previous order application 5288659 dated 12/08/2025
Repairs: Walls - repair holes	$322.00	Repairs: Walls - repair holes
Repairs: Walls/wardrobe - repainting	$1,092.50	Repairs: Walls/wardrobe - repainting
Rubbish removal: Labour	$402.50	Rubbish removal: Labour
Rubbish removal: Bins - disposal	$800.40	Rubbish removal: Bins - disposal
Cleaning	$322.00	Cleaning
Electrical fittings replacement/repair: Mains cabling	$172.50	Electrical fittings replacement/repair: Mains cabling
Electrical fittings replacement/repair: Bathroom heater	$207.00	Electrical fittings replacement/repair: Bathroom heater
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,360.56
Total payable by Tenant to Landlord	$8,360.56

Claims and awards for application 5353601 — net $8,360.56 NZD. Verify on MoJ.

Previous order application 5288659 dated 12/08/2025

Amount: $5,013.66
Awarded to: Landlord
Reason: Previous order application 5288659 dated 12/08/2025

Repairs: Walls - repair holes

Amount: $322.00
Awarded to: Landlord
Reason: Repairs: Walls - repair holes

Repairs: Walls/wardrobe - repainting

Amount: $1,092.50
Awarded to: Landlord
Reason: Repairs: Walls/wardrobe - repainting

Rubbish removal: Labour

Amount: $402.50
Awarded to: Landlord
Reason: Rubbish removal: Labour

Rubbish removal: Bins - disposal

Amount: $800.40
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rubbish Removal

Order

[The tenant/s] must pay VNG Rentals Limited As Agents For Suo Yue Ying $8,360.56 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 5288659 dated 12/08/2025$5,013.66 Repairs: Walls - repair holes$322.00 Repairs: Walls/wardrobe - repainting$1,092.50 Rubbish removal: Labour$402.50 Rubbish removal: Bins - disposal$800.40 Cleaning$322.00 Electrical fittings replacement/repair: Mains cabling$172.50 Electrical fittings replacement/repair: Bathroom heater$207.00 Filing fee reimbursement$28.00 Total award$8,360.56 Total payable by Tenant to Landlord$8,360.56
This order incorporates the Tribunal order made on 12 August 2025 under application 5288659.

Reasons

The landlord attended the hearing, conducted via teleconference. Ms Selina Yu represented the landlord.
Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
I note the tenant did not appear or answer calls at the 12 August 2025 hearing either.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
A previous order is joined to this order. That order terminated the tenancy and made orders for rent arrears and the bond.

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 landlord provided entry and exit photos that show large amounts of abandoned furniture, particularly beds and couches.
It also provided invoices for the costs incurred in rubbish removal as well as the cleaning after the rubbish was removed.
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 following damage was caused during the tenancy: a. Bathroom heater. The bathroom heater was pulled from the wall and had the electricity disconnected. This cost $207.00 to repair, as established by an invoice, and is awarded. b. Wardrobe door and side wall. There were a number of small holes in the wardrobe door and a larger one within the wardrobe wall. The cost of repair was $322.00 as shown on the invoice submitted and this is awarded. c. Electrical supply. An electricity was engaged to inspect the mains power supply given signs of interference with the electricity supply within the house. This confirmed interference. The inspection invoice of $172.50 was provided and that is accepted. The subsequent repair is yet to be invoiced, some 3-4 months later, and that should form a separate application later if the landlord wants to pursue that cost. d. Walls. A number of walls had holes made in them, possibly to run power elsewhere. Other areas showed markings that could not be removed. The walls required repair and repainting at a cost of $1,092.50. Photos confirm the need for the work over multiple walls and the full amount is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Prior order
On 12 August 2025 the Tribunal made an order relating to this tenancy, for termination, rent arrears and water rates to 12 August 2025. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because VNG Rentals Limited As Agents For Suo Yue Ying has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5353601 — Property damage at 443 Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5353601 — Property damage at 443 Don Buck Road, Massey, Auckland 0614

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

Property management

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

Property management

Frequently asked questions