What was Tenancy Tribunal case 5375673 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5375673?

Rubbish Removal: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; To Two Holes In Walls: $632.50 awarded to landlord; Water Rates: $266.23 awarded to landlord

What type of tenancy dispute was case 5375673?

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

Where can I read the official tribunal order for case 5375673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13182069-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5375673 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5375673?

Rubbish Removal: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; To Two Holes In Walls: $632.50 awarded to landlord; Water Rates: $266.23 awarded to landlord

What type of tenancy dispute was case 5375673?

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

Where can I read the official tribunal order for case 5375673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13182069-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5375673 — Property damage

Claims and awards in Tenancy Tribunal application 5375673 — net $2,006.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/09/2025	$160.00	Rent arrears to 18/09/2025
Water rates to end of tenancy	$266.23	Water rates to end of tenancy
Cleaning: and Rubbish Removal	$920.00	Cleaning: and Rubbish Removal
Repairs: to two holes in walls	$632.50	Repairs: to two holes in walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,006.73
Total payable by Tenant to Landlord	$2,006.73

Order

The Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $2,006.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 18/09/2025$160.00 Water rates to end of tenancy$266.23 Cleaning: and Rubbish Removal$920.00 Repairs: to two holes in walls$632.50 Filing fee reimbursement$28.00 Total award$2,006.73 Total payable by Tenant to Landlord$2,006.73
The claims for curtain replacement and window repair are dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.
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 and water rates?

The tenancy ended on 18 September 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The bond has been refunded and applied to reduce the rent arrears. The remaining arrears owed is $160.00. The water charges claimed are $266.23. The tenant did not dispute these amounts.

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)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided entry and exit inspection reports. The tenant agreed that some rubbish was left behind but did not accept that all the rubbish left belonged to him. I have considered the entry and exit reports. The entry inspection showed some rubbish in the shed at the beginning of the tenancy, but the exit report showed considerably more at the premises at the end of the tenancy. The entry inspection also shows that the premises were in poor condition at the beginning of the tenancy, but the exit inspection shows the need for some further cleaning at the end of the tenancy. The landlord has provided an invoice for cleaning and rubbish removal in the sum of $1380.00. Having considered the evidence, I have deducted a third of the invoice cost to recognise the entry condition of this premises and order the tenant to pay two thirds of the invoice in the sum of $920.00

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 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 landlord claimed that the following damage was caused during the tenancy: (a)Missing curtains – The landlord sought $550.00 to replace 1 set of curtains from bedroom 1 and 2 sets from bedroom 2. The landlord did not know the age of the curtains but stated they were at least five years old. The tenant denied removing any curtains. He stated that prior to the end of the tenancy he was away in [Location 1 suppressed] and contacted by the property manager to say that there were broken windows at the premises. He stated that he returned to [Location 2 suppressed] and discovered someone had broken into his home and the curtains were taken as well as other items. I am not satisfied that the landlord has proved on the balance of probabilities that the tenant removed the curtains. (b)Broken windows - The landlord claimed that three windows were broken during the tenancy and sought compensation for the repairs. The tenant disputed causing this damage and stated that it was caused when he was away. He stated that the windows were broken from the outside as he had to clean up glass on the inside. I am not satisfied that the landlord has proved on the balance of probabilities that the tenant removed the curtains. (c)Wall damage – The landlord claimed that there were holes in the walls caused by the tenant. The tenant agreed that three holes had been caused accidentally. The invoice provided is for repair of two holes and this amount is ordered. The landlord insurance excess is $500 per event. As there are two holes repaired the amount ordered is less than the insurance excess.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The tenant seeks a suppression order and the landlord consents to this. Having considered the factors in this case including that the parties reached agreement regarding rent, water and wall repairs the Tribunal finds that the interests of the parties outweighs any public interest in identities being published and grants suppression of all identifying details as sought.

Claims and awards in Tenancy Tribunal application 5375673 — net $2,006.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/09/2025	$160.00	Rent arrears to 18/09/2025
Water rates to end of tenancy	$266.23	Water rates to end of tenancy
Cleaning: and Rubbish Removal	$920.00	Cleaning: and Rubbish Removal
Repairs: to two holes in walls	$632.50	Repairs: to two holes in walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,006.73
Total payable by Tenant to Landlord	$2,006.73

Order

The Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $2,006.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 18/09/2025$160.00 Water rates to end of tenancy$266.23 Cleaning: and Rubbish Removal$920.00 Repairs: to two holes in walls$632.50 Filing fee reimbursement$28.00 Total award$2,006.73 Total payable by Tenant to Landlord$2,006.73
The claims for curtain replacement and window repair are dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.
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 and water rates?

The tenancy ended on 18 September 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The bond has been refunded and applied to reduce the rent arrears. The remaining arrears owed is $160.00. The water charges claimed are $266.23. The tenant did not dispute these amounts.

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)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided entry and exit inspection reports. The tenant agreed that some rubbish was left behind but did not accept that all the rubbish left belonged to him. I have considered the entry and exit reports. The entry inspection showed some rubbish in the shed at the beginning of the tenancy, but the exit report showed considerably more at the premises at the end of the tenancy. The entry inspection also shows that the premises were in poor condition at the beginning of the tenancy, but the exit inspection shows the need for some further cleaning at the end of the tenancy. The landlord has provided an invoice for cleaning and rubbish removal in the sum of $1380.00. Having considered the evidence, I have deducted a third of the invoice cost to recognise the entry condition of this premises and order the tenant to pay two thirds of the invoice in the sum of $920.00

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 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 landlord claimed that the following damage was caused during the tenancy: (a)Missing curtains – The landlord sought $550.00 to replace 1 set of curtains from bedroom 1 and 2 sets from bedroom 2. The landlord did not know the age of the curtains but stated they were at least five years old. The tenant denied removing any curtains. He stated that prior to the end of the tenancy he was away in [Location 1 suppressed] and contacted by the property manager to say that there were broken windows at the premises. He stated that he returned to [Location 2 suppressed] and discovered someone had broken into his home and the curtains were taken as well as other items. I am not satisfied that the landlord has proved on the balance of probabilities that the tenant removed the curtains. (b)Broken windows - The landlord claimed that three windows were broken during the tenancy and sought compensation for the repairs. The tenant disputed causing this damage and stated that it was caused when he was away. He stated that the windows were broken from the outside as he had to clean up glass on the inside. I am not satisfied that the landlord has proved on the balance of probabilities that the tenant removed the curtains. (c)Wall damage – The landlord claimed that there were holes in the walls caused by the tenant. The tenant agreed that three holes had been caused accidentally. The invoice provided is for repair of two holes and this amount is ordered. The landlord insurance excess is $500 per event. As there are two holes repaired the amount ordered is less than the insurance excess.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The tenant seeks a suppression order and the landlord consents to this. Having considered the factors in this case including that the parties reached agreement regarding rent, water and wall repairs the Tribunal finds that the interests of the parties outweighs any public interest in identities being published and grants suppression of all identifying details as sought.

Tenancy Tribunal case 5375673 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5375673 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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