What was Tenancy Tribunal case 5361437 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 5361437?

Cleaning: $462.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5312503 D…: $1,708.00 awarded to landlord; Property Damage: $176.63 awarded to landlord; Property Damage: $909.71 awarded to landlord; Rubbish Removal: $129.37 awarded to landlord

What type of tenancy dispute was case 5361437?

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

Where can I read the official tribunal order for case 5361437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710004-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5361437 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 5361437?

Cleaning: $462.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5312503 D…: $1,708.00 awarded to landlord; Property Damage: $176.63 awarded to landlord; Property Damage: $909.71 awarded to landlord; Rubbish Removal: $129.37 awarded to landlord

What type of tenancy dispute was case 5361437?

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

Where can I read the official tribunal order for case 5361437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710004-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5361437 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5361437 — net $3,413.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5312503 dated 16/09/2025	$1,708.00	Previous order application 5312503 dated 16/09/2025
Carpet Cleaning	$462.00	Carpet Cleaning
Rubbish removal	$129.37	Rubbish removal
Repairs bathroom	$176.63	Repairs bathroom
Repairs painting	$909.71	Repairs painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,413.71
Total payable by Tenant to Landlord	$3,413.71

The landlord attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not remove all rubbish. The carpet had stains. [The property manager/s] said that it was heavily soiled and smelled strongly of cigarettes.

The landlord provided invoices for rubbish removal and carpet cleaning. They applied a reduction to the rubbish removal invoice, seeking only $129.37.

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.

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 entry and exit inspection photographs which show that the following damage was caused during the tenancy: a. two cupboard doors had been removed. New ones were made and painted. b. there was a large drawing on one wall c. some tiles had been removed from the kitchen back splash d. paint had been peeled off the breeze block wall in the toilet e. the shower curtain had been taken down f. the fan cover in the kitchen was missing.

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

The landlord provided invoices for the repairs.

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.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5361437 — net $3,413.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5312503 dated 16/09/2025	$1,708.00	Previous order application 5312503 dated 16/09/2025
Carpet Cleaning	$462.00	Carpet Cleaning
Rubbish removal	$129.37	Rubbish removal
Repairs bathroom	$176.63	Repairs bathroom
Repairs painting	$909.71	Repairs painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,413.71
Total payable by Tenant to Landlord	$3,413.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Koral Northover must pay [The landlord/s] $3,413.71 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The carpet had stains. [The property manager/s] said that it was heavily soiled and smelled strongly of cigarettes.
The landlord provided invoices for rubbish removal and carpet cleaning. They applied a reduction to the rubbish removal invoice, seeking only $129.37.
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.
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 entry and exit inspection photographs which show that the following damage was caused during the tenancy: a. two cupboard doors had been removed. New ones were made and painted. b. there was a large drawing on one wall c. some tiles had been removed from the kitchen back splash d. paint had been peeled off the breeze block wall in the toilet e. the shower curtain had been taken down f. the fan cover in the kitchen was missing.
The tenancy lasted three months. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided invoices for the repairs.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5361437 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5361437 — 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