What was Tenancy Tribunal case 5360022 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 5360022?

Cleaning: $437.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting And Patching: $3,450.00 awarded to landlord; Tiles: $1,069.50 awarded to landlord; Windows: $770.50 awarded to landlord; Wooden Fence: $586.50 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord; Water Rates: $294.47 awarded to landlord

What type of tenancy dispute was case 5360022?

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

Where can I read the official tribunal order for case 5360022?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356993-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5360022 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 5360022?

Cleaning: $437.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting And Patching: $3,450.00 awarded to landlord; Tiles: $1,069.50 awarded to landlord; Windows: $770.50 awarded to landlord; Wooden Fence: $586.50 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord; Water Rates: $294.47 awarded to landlord

What type of tenancy dispute was case 5360022?

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

Where can I read the official tribunal order for case 5360022?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356993-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5360022 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5360022 — net $8,533.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting and patching	$3,450.00	Repairs: Painting and patching
Cleaning	$805.00	Cleaning
Carpet Cleaning	$437.00	Carpet Cleaning
Repairs: Wooden fence	$586.50	Repairs: Wooden fence
Repairs: Windows	$770.50	Repairs: Windows
Rubbish removal	$1,092.50	Rubbish removal
Repairs: tiles	$1,069.50	Repairs: tiles
Water rates	$294.47	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,533.47
Total payable by Tenant to Landlord	$8,533.47

The Landlord attended the hearing. The Tenant did not appear.

This matter was adjourned to allow the Landlord to reassess the original damage claims following the end of the tenancy. The Landlord was directed to update their evidence if the amounts claimed for compensation had changed.

The tenancy ended on 7 March 2026. The Landlords state they carried out an inspection on 17 March 2026 and subsequently filed a revised quote including additional damage to the lounge doors, bedroom doors, and bathroom doors, as well as lock replacement, broken or missing steps at the back door, and replacement of curtains.

These additional claims were not raised or discussed at the initial hearing and cannot be determined on the current application. The Landlord has not yet had the opportunity to fully explain this further evidence, including identifying the relevant photographs in the inspection reports.

In these circumstances, rather than dismissing the additional claims, the Landlord may wish to file a separate application if they wish to pursue them.

Water rates and rent arrears were addressed in the earlier hearing. If the Landlord seeks to recover any further arrears that have accrued since that decision, a separate application will also be required.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The Tenant did not leave the property reasonably clean and tidy and failed to remove all rubbish. The Landlord provided exit inspection reports and quotes for general cleaning and carpet cleaning. A dog had been kept at the property, and carpet cleaning was reasonably required as a result.

The Landlord also says a significant amount of rubbish was left behind after the Tenant moved out. This is supported by the exit inspection reports and a quote for rubbish removal.

In considering the evidence provided, I am satisfied the cleaning and rubbish removal were necessary. 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 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.

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: wooden fence, wall damage and seven broken windows in the lounge, sunroom, bedroom and bathroom. The entry inspection report shows there was already some patching and paint damage on the walls at the start of the tenancy. For that reason, I have reduced the amount claimed to reflect pre-existing issues.

However, I find the remaining damage goes beyond fair wear and tear. The extent of the damage, particularly the broken windows, is not consistent with normal use. The Tenant has not provided sufficient evidence to show they are not responsible.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As [The applicant/s] has substantially succeeded with their claims, name suppression is granted to the Landlord and the tenant must reimburse the filing fee to the Landlord.

Claims and awards in Tenancy Tribunal application 5360022 — net $8,533.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting and patching	$3,450.00	Repairs: Painting and patching
Cleaning	$805.00	Cleaning
Carpet Cleaning	$437.00	Carpet Cleaning
Repairs: Wooden fence	$586.50	Repairs: Wooden fence
Repairs: Windows	$770.50	Repairs: Windows
Rubbish removal	$1,092.50	Rubbish removal
Repairs: tiles	$1,069.50	Repairs: tiles
Water rates	$294.47	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,533.47
Total payable by Tenant to Landlord	$8,533.47

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Jamie lee Watarawi must pay [The landlord/s] $8,533.47 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing. The Tenant did not appear.
This matter was adjourned to allow the Landlord to reassess the original damage claims following the end of the tenancy. The Landlord was directed to update their evidence if the amounts claimed for compensation had changed.
The tenancy ended on 7 March 2026. The Landlords state they carried out an inspection on 17 March 2026 and subsequently filed a revised quote including additional damage to the lounge doors, bedroom doors, and bathroom doors, as well as lock replacement, broken or missing steps at the back door, and replacement of curtains.
These additional claims were not raised or discussed at the initial hearing and cannot be determined on the current application. The Landlord has not yet had the opportunity to fully explain this further evidence, including identifying the relevant photographs in the inspection reports.
In these circumstances, rather than dismissing the additional claims, the Landlord may wish to file a separate application if they wish to pursue them.
Water rates and rent arrears were addressed in the earlier hearing. If the Landlord seeks to recover any further arrears that have accrued since that decision, a separate application will also be required.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Tenant did not leave the property reasonably clean and tidy and failed to remove all rubbish. The Landlord provided exit inspection reports and quotes for general cleaning and carpet cleaning. A dog had been kept at the property, and carpet cleaning was reasonably required as a result.
The Landlord also says a significant amount of rubbish was left behind after the Tenant moved out. This is supported by the exit inspection reports and a quote for rubbish removal.
In considering the evidence provided, I am satisfied the cleaning and rubbish removal were necessary. 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 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.
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: wooden fence, wall damage and seven broken windows in the lounge, sunroom, bedroom and bathroom. The entry inspection report shows there was already some patching and paint damage on the walls at the start of the tenancy. For that reason, I have reduced the amount claimed to reflect pre-existing issues.
However, I find the remaining damage goes beyond fair wear and tear. The extent of the damage, particularly the broken windows, is not consistent with normal use. The Tenant has not provided sufficient evidence to show they are not responsible.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As [The applicant/s] has substantially succeeded with their claims, name suppression is granted to the Landlord and the tenant must reimburse the filing fee to the Landlord.

Tenancy Tribunal case 5360022 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5360022 — 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

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