What was Tenancy Tribunal case 5371581 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 5371581?

Cleaning: $4,287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,620.00 awarded to landlord

What type of tenancy dispute was case 5371581?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5371581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12945663-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5371581 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 5371581?

Cleaning: $4,287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,620.00 awarded to landlord

What type of tenancy dispute was case 5371581?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5371581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12945663-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5371581 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5371581 — net $8,935.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 November 2025	$4,620.00	Rent arrears to 18 November 2025
Carpet Cleaning	$4,287.50	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,935.50
Total payable by Tenant to Landlord	$8,935.50

The Landlord attended the hearing. The Tenant did not answer the telephone calls made by the Tribunal.

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

How much is owed for rent arrears?

The tenancy ended 18 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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: damaged carpet due to pet urine stains and candlewax stains. The Tenant had a dog and at least two cats at the property. The Landlord submitted the pets stained the carpet extensively with urine and the damage was beyond repair. An independent expert conducted UV light testing which revealed the urine stains were substantial in two bedrooms, the living room and the dining room. The report from the carpet specialist recommended carpet replacement due to the severity of the contamination. The stench from the urine was noted in the report and described by the Landlord as putrid. Ingoing and outgoing inspection reports showed the carpet was in good condition at the start of the tenancy and a quote for the carpet replacement was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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 Landlord has been wholly successful with their claim, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5371581 — net $8,935.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 November 2025	$4,620.00	Rent arrears to 18 November 2025
Carpet Cleaning	$4,287.50	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,935.50
Total payable by Tenant to Landlord	$8,935.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Tracey Chambers must pay [The landlord/s] $8,935.50 immediately, being rent arrears to 18 November 2025.

Reasons

The Landlord attended the hearing. The Tenant did not answer the telephone calls made by the Tribunal.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears?

The tenancy ended 18 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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: damaged carpet due to pet urine stains and candlewax stains. The Tenant had a dog and at least two cats at the property. The Landlord submitted the pets stained the carpet extensively with urine and the damage was beyond repair. An independent expert conducted UV light testing which revealed the urine stains were substantial in two bedrooms, the living room and the dining room. The report from the carpet specialist recommended carpet replacement due to the severity of the contamination. The stench from the urine was noted in the report and described by the Landlord as putrid. Ingoing and outgoing inspection reports showed the carpet was in good condition at the start of the tenancy and a quote for the carpet replacement was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 Landlord has been wholly successful with their claim, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5371581 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5371581 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions