How much money was awarded in case 5362162?

Cleaning: $220.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Rent Arrears: $247.91 awarded to landlord; Property Damage: $2,200.00 awarded to landlord

What type of tenancy dispute was case 5362162?

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

Where can I read the official tribunal order for case 5362162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12786323-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5362162?

Cleaning: $220.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Rent Arrears: $247.91 awarded to landlord; Property Damage: $2,200.00 awarded to landlord

What type of tenancy dispute was case 5362162?

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

Where can I read the official tribunal order for case 5362162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12786323-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5362162 — Property damage

Q: What was Tenancy Tribunal case 5362162 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5362162 — net $967.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2025	$247.91	Rent arrears to 22 August 2025
Carpet Cleaning	$220.00	Carpet Cleaning
Cleaning	$500.00	Cleaning
Repairs: Insurance excesses	$2,200.00	17. Therefore I have ordered the tenant to pay $2,200, being the insurance excess for four rooms.
Net award	$967.91
Total payable by Tenant to Landlord	$967.91

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] must pay [The landlord/s] $967.91 immediately, calculated as shown in table below.

The Bond Centre must pay the bond ([Bond number suppressed]) to [the landlord].

Reasons

Both parties attended the hearing which was conducted by phone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The onus is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 22 August 2025. The landlord provided rent records and prove the amount owing at the end of the tenancy was $543.60. The tenant has continued to make weekly payments and a refund for some overpaid water rates was applied to the rent arrears. The outstanding balance is $247.91.

That amount is ordered.

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) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. She questioned the cost of the cleaning ($500). Having viewed the photographs and the invoice provided by the landlord, I consider it is reasonable.

The landlord also provided an invoice for $220 for carpet cleaning. They say there was a strong smell and marks on the carpet.

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.

A number of walls and doors were damaged as the result of family violence. There had been some very poor attempts to repair some holes.

The landlord claimed $3,300 being six insurance excesses of $550 each. No invoices for actual loss were provided.

A review of the exit inspection photographs showed damage in the entrance/hall, the master bedroom, bedroom 2 and the bathroom. That is four rooms. I am satisfied that the extent of the damage in each room would have cost more than $550, being the insurance excess.

The property managers were unable to explain why there were 6 claims, the insurance claims having been dealt with by the owners.

When a matter is set down for a hearing before the Tribunal, the parties should come prepared to explain the claims. The hearing is the time for the evidence to be considered so that the Tribunal can make a decision. The basis for 6 claims as opposed to 4 claims is not apparent.

Therefore I have ordered the tenant to pay $2,200, being the insurance excess for four rooms.

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 substantially succeeded with the claim I have reimbursed the filing fee.

Because the damage occurred as a result of family violence, I have suppressed the name of the tenant.

The landlord is entitled to name suppression because they were largely successful in their claims.

Claims and awards in Tenancy Tribunal application 5362162 — net $967.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2025	$247.91	Rent arrears to 22 August 2025
Carpet Cleaning	$220.00	Carpet Cleaning
Cleaning	$500.00	Cleaning
Repairs: Insurance excesses	$2,200.00	17. Therefore I have ordered the tenant to pay $2,200, being the insurance excess for four rooms.
Net award	$967.91
Total payable by Tenant to Landlord	$967.91

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] must pay [The landlord/s] $967.91 immediately, calculated as shown in table below.
The Bond Centre must pay the bond ([Bond number suppressed]) to [the landlord].

Reasons

Both parties attended the hearing which was conducted by phone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The onus is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 22 August 2025. The landlord provided rent records and prove the amount owing at the end of the tenancy was $543.60. The tenant has continued to make weekly payments and a refund for some overpaid water rates was applied to the rent arrears. The outstanding balance is $247.91.
That amount is ordered.

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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. She questioned the cost of the cleaning ($500). Having viewed the photographs and the invoice provided by the landlord, I consider it is reasonable.
The landlord also provided an invoice for $220 for carpet cleaning. They say there was a strong smell and marks on the carpet.
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.
A number of walls and doors were damaged as the result of family violence. There had been some very poor attempts to repair some holes.
The landlord claimed $3,300 being six insurance excesses of $550 each. No invoices for actual loss were provided.
A review of the exit inspection photographs showed damage in the entrance/hall, the master bedroom, bedroom 2 and the bathroom. That is four rooms. I am satisfied that the extent of the damage in each room would have cost more than $550, being the insurance excess.
The property managers were unable to explain why there were 6 claims, the insurance claims having been dealt with by the owners.
When a matter is set down for a hearing before the Tribunal, the parties should come prepared to explain the claims. The hearing is the time for the evidence to be considered so that the Tribunal can make a decision. The basis for 6 claims as opposed to 4 claims is not apparent.
Therefore I have ordered the tenant to pay $2,200, being the insurance excess for four rooms.
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 substantially succeeded with the claim I have reimbursed the filing fee.
Because the damage occurred as a result of family violence, I have suppressed the name of the tenant.
The landlord is entitled to name suppression because they were largely successful in their claims.

Tenancy Tribunal case 5362162 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5362162 — Property damage

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

Frequently asked questions

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

Frequently asked questions