What was Tenancy Tribunal case 5361912 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 5361912?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,622.86 awarded to landlord; Rangehood Filter: $97.75 awarded to landlord; Property Damage: $680.00 awarded to landlord; Water Rates: $321.23 awarded to landlord

What type of tenancy dispute was case 5361912?

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

Where can I read the official tribunal order for case 5361912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13269734-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5361912 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 5361912?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,622.86 awarded to landlord; Rangehood Filter: $97.75 awarded to landlord; Property Damage: $680.00 awarded to landlord; Water Rates: $321.23 awarded to landlord

What type of tenancy dispute was case 5361912?

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

Where can I read the official tribunal order for case 5361912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13269734-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5361912 — Rent arrears

Claims and awards in Tenancy Tribunal application 5361912 — net $2,749.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,622.86	Rent arrears
Water rates	$321.23	Water rates
Repairs: rangehood filter	$97.75	Repairs: rangehood filter
Repairs: wall repairs	$680.00	Repairs: wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,749.84
Total payable by Tenant to Landlord	$2,749.84

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] to pay [The landlord/s] $2,749.84 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,749.84 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the balance of the bond of $90.16 ([Bond number suppressed]) to [The tenant/s] immediately.

The balance of the claim is dismissed.

Reasons

Both parties attended the hearing.
The landlord attended the hearing by video call. [Tenant] attended the hearing by phone. The other tenants did not attend the hearing but were served with the claim. The hearing proceeded in their absence.
The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. The tenancy ended on 15 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,622.86.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices which prove the amount owing as follows: 13 May 2025 – 12 June 2025 - $159.09 13 June 2025 – 15 July 2025 - 162.14 Total $321.23 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 1 See section 39 RTA. 2 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for damage 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. 3 Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Damage claims
The following damage was caused during the tenancy: a. The range hood filter was damaged. The tenant accepted the rangehood filter was damaged when it was being cleaned during the tenancy. he disputes the amount claimed as he could have replaced the rangehood 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541. filter for less. I consider the amount claimed is reasonable as the landlord had to arrange for a tradesperson to purchase and replace the rangehood filter. The amount ordered is $97.75. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. b. The walls had minor dents and scuff marks. $747.50 is claimed for wall painting The landlord provided a invoice for wall painting. The tenant accepted the damage was caused during the tenancy but said that he was told by the landlord that the amount claimed would be less than that claimed. The landlord said they emailed the tenant with the quote to repair the walls and offered the tenant the opportunity to repair the damage, but they did not get a response. It appears the tenant has not allowed for the GST portion of the quote he was advised of as being payable. The landlord was able to clean some of the scuff marks on the walls and have not charged for this. Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some of the damage appears to be fair wear and tear – that is minor scuffing and small dents that come from normal use of a home. The tenancy was from March 2024 to July 2025. The premises was new at the start of the tenancy. I have made a small deduction to reflect betterment and depreciation and that some of the damage is fair wear and tear. The amount ordered of $680 is proved.
The insurance excess was $1,000, and rent was $710. The amount ordered for the damage is below the statutory cap for careless damage Bond
Part of the bond is to be paid to the landlord immediately to offset the amount’s ordered. The balance is to be paid to the tenant. Filing Fee
Because the landlord has been successful in their claim, I have ordered reimbursement of the application filing fee. 10 Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 11 10 See section 102 of the RTA. 11 See section 95A (1) RTA.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 12
The landlord sought suppression and as the application is successful, I have made an order accordingly. The tenant applied for name suppression and as the bond covers the claims in full, I will make an order suppressing the tenant’s name.

Claims and awards in Tenancy Tribunal application 5361912 — net $2,749.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,622.86	Rent arrears
Water rates	$321.23	Water rates
Repairs: rangehood filter	$97.75	Repairs: rangehood filter
Repairs: wall repairs	$680.00	Repairs: wall repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,749.84
Total payable by Tenant to Landlord	$2,749.84

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] to pay [The landlord/s] $2,749.84 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,749.84 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the balance of the bond of $90.16 ([Bond number suppressed]) to [The tenant/s] immediately.

The balance of the claim is dismissed.

Reasons

Both parties attended the hearing.
The landlord attended the hearing by video call. [Tenant] attended the hearing by phone. The other tenants did not attend the hearing but were served with the claim. The hearing proceeded in their absence.
The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. The tenancy ended on 15 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,622.86.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices which prove the amount owing as follows: 13 May 2025 – 12 June 2025 - $159.09 13 June 2025 – 15 July 2025 - 162.14 Total $321.23 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2 1 See section 39 RTA. 2 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for damage 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. 3 Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Damage claims
The following damage was caused during the tenancy: a. The range hood filter was damaged. The tenant accepted the rangehood filter was damaged when it was being cleaned during the tenancy. he disputes the amount claimed as he could have replaced the rangehood 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541. filter for less. I consider the amount claimed is reasonable as the landlord had to arrange for a tradesperson to purchase and replace the rangehood filter. The amount ordered is $97.75. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. b. The walls had minor dents and scuff marks. $747.50 is claimed for wall painting The landlord provided a invoice for wall painting. The tenant accepted the damage was caused during the tenancy but said that he was told by the landlord that the amount claimed would be less than that claimed. The landlord said they emailed the tenant with the quote to repair the walls and offered the tenant the opportunity to repair the damage, but they did not get a response. It appears the tenant has not allowed for the GST portion of the quote he was advised of as being payable. The landlord was able to clean some of the scuff marks on the walls and have not charged for this. Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some of the damage appears to be fair wear and tear – that is minor scuffing and small dents that come from normal use of a home. The tenancy was from March 2024 to July 2025. The premises was new at the start of the tenancy. I have made a small deduction to reflect betterment and depreciation and that some of the damage is fair wear and tear. The amount ordered of $680 is proved.
The insurance excess was $1,000, and rent was $710. The amount ordered for the damage is below the statutory cap for careless damage Bond
Part of the bond is to be paid to the landlord immediately to offset the amount’s ordered. The balance is to be paid to the tenant. Filing Fee
Because the landlord has been successful in their claim, I have ordered reimbursement of the application filing fee. 10 Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 11 10 See section 102 of the RTA. 11 See section 95A (1) RTA.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 12
The landlord sought suppression and as the application is successful, I have made an order accordingly. The tenant applied for name suppression and as the bond covers the claims in full, I will make an order suppressing the tenant’s name.

Tenancy Tribunal case 5361912 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5361912 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions