How much money was awarded in case 5369342?

Cleaning: $3,720.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns: $360.00 awarded to landlord; Property Damage: $95.00 awarded to landlord; Property Damage: $287.42 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $5,618.75 awarded to landlord; Property Damage: $3,401.49 awarded to landlord; Property Damage: $3,176.25 awarded to landlord; Property Damage: $3,700.00 awarded to landlord; Rent Arrears: $5,047.86 awarded to landlord; Replace Corner Moulding: $127.30 awarded to landlord; Replace Door Trim: $264.00 awarded to landlord; Replace furnishings: heater and inst…: $1,100.00 awarded to landlord; Replace Window Trim: $160.80 awarded to landlord; Rubbish Removal: $2,870.00 awarded to landlord

What type of tenancy dispute was case 5369342?

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

Where can I read the official tribunal order for case 5369342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239806-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5369342?

Cleaning: $3,720.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns: $360.00 awarded to landlord; Property Damage: $95.00 awarded to landlord; Property Damage: $287.42 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $5,618.75 awarded to landlord; Property Damage: $3,401.49 awarded to landlord; Property Damage: $3,176.25 awarded to landlord; Property Damage: $3,700.00 awarded to landlord; Rent Arrears: $5,047.86 awarded to landlord; Replace Corner Moulding: $127.30 awarded to landlord; Replace Door Trim: $264.00 awarded to landlord; Replace furnishings: heater and inst…: $1,100.00 awarded to landlord; Replace Window Trim: $160.80 awarded to landlord; Rubbish Removal: $2,870.00 awarded to landlord

What type of tenancy dispute was case 5369342?

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

Where can I read the official tribunal order for case 5369342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239806-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5369342 — Property damage

Q: What was Tenancy Tribunal case 5369342 about?

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

Claims and awards in Tenancy Tribunal application 5369342 — net $27,416.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2025	$5,047.86	Rent arrears to 10 October 2025
Cleaning and some carpet cleaning	$3,720.00	Cleaning and some carpet cleaning
Rubbish removal: 12 loads to the tip	$2,870.00	Rubbish removal: 12 loads to the tip
Lawns	$360.00	Lawns
Curtain track replacement	$95.00	Curtain track replacement
Replace door trim	$264.00	Replace door trim
Replace corner moulding	$127.30	Replace corner moulding
Lock/key replacement	$287.42	Lock/key replacement
__________________________________________________________________________________ 53693422 Window repairs	$420.00	__________________________________________________________________________________ 53693422 Window repairs
Replace furnishings: heater and install	$1,100.00	Replace furnishings: heater and install
Replace window trim	$160.80	Replace window trim
Painting damaged areas after betterment	$5,618.75	Painting damaged areas after betterment
Carpet and floor damage rectification	$3,401.49	Carpet and floor damage rectification
Carpet replacement after depreciation	$3,176.25	Carpet replacement after depreciation
Compensation - Loss of rent due to repairs	$3,700.00	Compensation - Loss of rent due to repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$27,416.87
Total payable by Tenant to Landlord	$27,416.87

Claims and awards in Tenancy Tribunal application 5369342 — net $27,416.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 10 October 2025

$5,047.86

Rent arrears to 10 October 2025

Cleaning and some carpet cleaning

$3,720.00

Cleaning and some carpet cleaning

Rubbish removal: 12 loads to the tip

$2,870.00

Rubbish removal: 12 loads to the tip

Lawns

$360.00

Lawns

Curtain track replacement

$95.00

Curtain track replacement

Replace door trim

$264.00

Replace door trim

Replace corner moulding

$127.30

Replace corner moulding

Lock/key replacement

$287.42

Lock/key replacement

__________________________________________________________________________________ 53693422 Window repairs

$420.00

__________________________________________________________________________________ 53693422 Window repairs

Replace furnishings: heater and install

$1,100.00

Replace furnishings: heater and install

Replace window trim

$160.80

Replace window trim

Painting damaged areas after betterment

$5,618.75

Painting damaged areas after betterment

Carpet and floor damage rectification

$3,401.49

Carpet and floor damage rectification

Carpet replacement after depreciation

$3,176.25

Carpet replacement after depreciation

Compensation - Loss of rent due to repairs

$3,700.00

Compensation - Loss of rent due to repairs

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$27,416.87

Total payable by Tenant to Landlord

$27,416.87

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Aroha Rora Te Puru Topia, Pamela Cicilia Kaufusi, Chantelle Sarece Harris- Palu and Rawiri Anthony Wiremu Iraia Takuira must pay the landlord $27,416.87 immediately.

This order replaces and incorporates the Tribunal order made on 14 August 2025 under application 5256381.

The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) to the landlord immediately.

The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to 10 October 2025$5,047.86 Cleaning and some carpet cleaning$3,720.00 Rubbish removal: 12 loads to the tip$2,870.00 Lawns $360.00 Curtain track replacement$95.00 Replace door trim$264.00 Replace corner moulding$127.30 Lock/key replacement$287.42 Window repairs$420.00 Replace furnishings: heater and install$1,100.00 Replace window trim$160.80 Painting damaged areas after betterment$5,618.75 Carpet and floor damage rectification$3,401.49 Carpet replacement after depreciation$3176.25 Compensation - Loss of rent due to repairs$3,700.00 Filing fee reimbursement$28.00 Total award$30,376.87 Bond$2,960.00 Total payable by Tenant to Landlord$27,416.87

Reasons

Only the landlord attended the hearing at Porirua District Court.

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

How much is owed for rent?

The tenancy was for a fixed term to October 2026. The tenancy ended when the tenants vacated on 10 October 2025 due to a breach of a mediated agreement sealed by the Tenancy Tribunal for conditional termination. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants 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 landlord provided photos and invoices in support of the claim. The tenants left the premises in a seriously unclean state having had four dogs at the premises and permitting the dogs to urinate and defecate inside the property. Attempts were made to clean the carpets, but they were so damaged that they had to be replaced. The carpet replacement required work on the floors to eliminate the urine smell in the flooring.

The tenant left a considerable amount of rubbish and belongings at the premises. There was also bagged household rubbish left in the shed.

No cleaning had been carried out

Lawns were not mowed at the end of the tenancy.

The tenant did not return the keys.

The amounts ordered are proved.

Are the tenants 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 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.

I am satisfied that the damage done to the property by the four dogs the tenants kept there is intentional. The tenants allowed dogs to be kept in the premises knowing that they were causing damage. The damage was to the carpet and floor, to woodwork, doors and walls. The damage was extensive. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

Regarding the carpet and painting claims 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. Carpet

The carpet was three years old at the end of the tenancy. I have given the life of the carpet to be 12 years and therefore the order is for three quarters of the cost of replacement carpet. The carpet replacement cost $4,235.00 and the order is for compensation of $3,176.25 Painting

The landlord provided evidence that the property was fully painted inside at a cost of $13,899.00 immediately before the tenancy began. At the end of the tenancy painting work was required because of the damage done by the tenants and the tenants’ dogs. I have allowed $5,618.75 for painting work which is based repainting every 8 years in a tenancy and the repainting being 9 months after the painting was carried out in April 2025. Previous order

On 14 August 2025 under application 5256381 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes. Loss of rent

The tenancy was for a fixed term to 22 October 2026. However the tenancy was terminated following the failure of the tenants to comply with a Tenancy Tribunal mediated order for rent arrears dated 14 August 2025. The landlord has applied for a loss of rental income for 5 weeks following the departure of the tenants. The landlord has based the claim on the time taken to rectify damage to the premises and have it ready to rent. He landlord stated that the time taken was in fact longer than 5 weeks.

I accept that if the tenants had not caused the considerable damage to the property the tenancy would have continued with the landlord receiving rent due under the fixed term to October this year. The landlord did not receive that because; (i) the tenants stopped paying rent and (ii) because the remedial work necessary to rectify the tenant’s damage resulted in the landlord being unable to rent the property to new tenants. Having seen the photos of the rubbish and damage and invoices for work carried out I accept that the landlord’s claim for compensation of 5 weeks rent is reasonable. Filing fee

Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression

The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.

The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Claims and awards in Tenancy Tribunal application 5369342 — net $27,416.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2025	$5,047.86	Rent arrears to 10 October 2025
Cleaning and some carpet cleaning	$3,720.00	Cleaning and some carpet cleaning
Rubbish removal: 12 loads to the tip	$2,870.00	Rubbish removal: 12 loads to the tip
Lawns	$360.00	Lawns
Curtain track replacement	$95.00	Curtain track replacement
Replace door trim	$264.00	Replace door trim
Replace corner moulding	$127.30	Replace corner moulding
Lock/key replacement	$287.42	Lock/key replacement
__________________________________________________________________________________ 53693422 Window repairs	$420.00	__________________________________________________________________________________ 53693422 Window repairs
Replace furnishings: heater and install	$1,100.00	Replace furnishings: heater and install
Replace window trim	$160.80	Replace window trim
Painting damaged areas after betterment	$5,618.75	Painting damaged areas after betterment
Carpet and floor damage rectification	$3,401.49	Carpet and floor damage rectification
Carpet replacement after depreciation	$3,176.25	Carpet replacement after depreciation
Compensation - Loss of rent due to repairs	$3,700.00	Compensation - Loss of rent due to repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$27,416.87
Total payable by Tenant to Landlord	$27,416.87

Claims and awards in Tenancy Tribunal application 5369342 — net $27,416.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 10 October 2025

$5,047.86

Rent arrears to 10 October 2025

Cleaning and some carpet cleaning

$3,720.00

Cleaning and some carpet cleaning

Rubbish removal: 12 loads to the tip

$2,870.00

Rubbish removal: 12 loads to the tip

Lawns

$360.00

Lawns

Curtain track replacement

$95.00

Curtain track replacement

Replace door trim

$264.00

Replace door trim

Replace corner moulding

$127.30

Replace corner moulding

Lock/key replacement

$287.42

Lock/key replacement

__________________________________________________________________________________ 53693422 Window repairs

$420.00

__________________________________________________________________________________ 53693422 Window repairs

Replace furnishings: heater and install

$1,100.00

Replace furnishings: heater and install

Replace window trim

$160.80

Replace window trim

Painting damaged areas after betterment

$5,618.75

Painting damaged areas after betterment

Carpet and floor damage rectification

$3,401.49

Carpet and floor damage rectification

Carpet replacement after depreciation

$3,176.25

Carpet replacement after depreciation

Compensation - Loss of rent due to repairs

$3,700.00

Compensation - Loss of rent due to repairs

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$27,416.87

Total payable by Tenant to Landlord

$27,416.87

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Aroha Rora Te Puru Topia, Pamela Cicilia Kaufusi, Chantelle Sarece Harris- Palu and Rawiri Anthony Wiremu Iraia Takuira must pay the landlord $27,416.87 immediately.
This order replaces and incorporates the Tribunal order made on 14 August 2025 under application 5256381.
The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) to the landlord immediately.
The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to 10 October 2025$5,047.86 Cleaning and some carpet cleaning$3,720.00 Rubbish removal: 12 loads to the tip$2,870.00 Lawns $360.00 Curtain track replacement$95.00 Replace door trim$264.00 Replace corner moulding$127.30 Lock/key replacement$287.42 Window repairs$420.00 Replace furnishings: heater and install$1,100.00 Replace window trim$160.80 Painting damaged areas after betterment$5,618.75 Carpet and floor damage rectification$3,401.49 Carpet replacement after depreciation$3176.25 Compensation - Loss of rent due to repairs$3,700.00 Filing fee reimbursement$28.00 Total award$30,376.87 Bond$2,960.00 Total payable by Tenant to Landlord$27,416.87

Reasons

Only the landlord attended the hearing at Porirua District Court.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term to October 2026. The tenancy ended when the tenants vacated on 10 October 2025 due to a breach of a mediated agreement sealed by the Tenancy Tribunal for conditional termination. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants 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 landlord provided photos and invoices in support of the claim. The tenants left the premises in a seriously unclean state having had four dogs at the premises and permitting the dogs to urinate and defecate inside the property. Attempts were made to clean the carpets, but they were so damaged that they had to be replaced. The carpet replacement required work on the floors to eliminate the urine smell in the flooring.
The tenant left a considerable amount of rubbish and belongings at the premises. There was also bagged household rubbish left in the shed.
No cleaning had been carried out
Lawns were not mowed at the end of the tenancy.
The tenant did not return the keys.
The amounts ordered are proved.

Are the tenants 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 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.
I am satisfied that the damage done to the property by the four dogs the tenants kept there is intentional. The tenants allowed dogs to be kept in the premises knowing that they were causing damage. The damage was to the carpet and floor, to woodwork, doors and walls. The damage was extensive. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
Regarding the carpet and painting claims 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. Carpet
The carpet was three years old at the end of the tenancy. I have given the life of the carpet to be 12 years and therefore the order is for three quarters of the cost of replacement carpet. The carpet replacement cost $4,235.00 and the order is for compensation of $3,176.25 Painting
The landlord provided evidence that the property was fully painted inside at a cost of $13,899.00 immediately before the tenancy began. At the end of the tenancy painting work was required because of the damage done by the tenants and the tenants’ dogs. I have allowed $5,618.75 for painting work which is based repainting every 8 years in a tenancy and the repainting being 9 months after the painting was carried out in April 2025. Previous order
On 14 August 2025 under application 5256381 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes. Loss of rent
The tenancy was for a fixed term to 22 October 2026. However the tenancy was terminated following the failure of the tenants to comply with a Tenancy Tribunal mediated order for rent arrears dated 14 August 2025. The landlord has applied for a loss of rental income for 5 weeks following the departure of the tenants. The landlord has based the claim on the time taken to rectify damage to the premises and have it ready to rent. He landlord stated that the time taken was in fact longer than 5 weeks.
I accept that if the tenants had not caused the considerable damage to the property the tenancy would have continued with the landlord receiving rent due under the fixed term to October this year. The landlord did not receive that because; (i) the tenants stopped paying rent and (ii) because the remedial work necessary to rectify the tenant’s damage resulted in the landlord being unable to rent the property to new tenants. Having seen the photos of the rubbish and damage and invoices for work carried out I accept that the landlord’s claim for compensation of 5 weeks rent is reasonable. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that 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.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5369342 — Property damage

At a glance

Tenancy Tribunal case 5369342 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions