What was Tenancy Tribunal case 5379005 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 5379005?

Cleaning: $650.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,920.50 awarded to landlord; Rent Arrears: $6,142.86 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $550.00 awarded to landlord; Water Rates: $59.74 awarded to landlord

What type of tenancy dispute was case 5379005?

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

Where can I read the official tribunal order for case 5379005?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13062236-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5379005 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 5379005?

Cleaning: $650.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,920.50 awarded to landlord; Rent Arrears: $6,142.86 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $550.00 awarded to landlord; Water Rates: $59.74 awarded to landlord

What type of tenancy dispute was case 5379005?

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

Where can I read the official tribunal order for case 5379005?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13062236-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5379005 — Rent arrears

Claims and awards in Tenancy Tribunal application 5379005 — net $5,753.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,142.86	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates by consent	$59.74	Water rates by consent
Repairs: Wall damage	$550.00	Repairs: Wall damage
Cleaning	$650.00	Cleaning
Repairs: Floor damage	$402.50	Repairs: Floor damage
Lawns and Garden work: Garden tree removal	$1,920.50	Lawns and Garden work: Garden tree removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,753.60
Total payable by Tenant to Landlord	$5,753.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Arinyakon Sreesing, Sarayut Sahathanalatthakool and Natthakrid Seangchin must pay [The landlord/s] $5,753.60 immediately, being rent arrears to 30 November 2025.
The Bond Centre is to pay the bond of $4,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by video. A Thai interpreter attended for the Tenants.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the parties agreed to the water rates arrears owed by the tenant

How much is owed for rent arrears?

The tenancy was a fixed term from 27 October 2025 to 30 November 2025. The Landlord provided rent records to prove the rent owing and submitted they made reasonable efforts to re-let the premises but were unsuccessful. The Landlord claimed rent was payable until 30 November 2025.
The Tenants submitted they vacated the premises approximately one month earlier due to unforeseen circumstances and gave prior notice. They consented to the bond being applied to outstanding rent but disputed liability for any amount beyond the bond, as they were no longer in occupation.
Early termination for fixed term tenancy can only occur by agreement, and the Tenants remained liable for rent until a new tenancy commenced. Because the Landlord was unable to find new tenants before the end of the fixed term, the Tenants are liable for the rent arrears until 30 November 2025.
The amounts ordered are proved.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. The Landlord submitted the kitchen and bathroom were dirty, the cabinet required cleaning, the walls had been drawn on and there were mud marks in the upstairs bedroom carpet. Entry and exit inspection photographs were provided as well as an invoice to substantiate the costs.
The Tenants claimed they had cleaned as best as possible when they moved out. They had cleaned everything and did not agree with the amount claimed.
In considering the evidence, I find from the property inspection photographs provided that there were areas of the house that still required cleaning and an invoice was provided to prove the amounts claimed. For this reason, 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.
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: wall damage and floor damage.
The Landlord claimed $550.00 for damage to the walls in the entry area, garage, stair way, upstairs bedroom, cupboard and lounge walls. Photographs indicated there was damage where nails had been removed, scuff marks, dents, drawings, attempts by the Tenant to repair and items had been nailed to the wall. An invoice was provided to substantiate the costs to repair. Entry and exit inspection photographs were provided which showed there was no damage when the Tenants moved in.
The Tenants submitted the damage on some of the walls was already present. They wanted a receipt from the Landlord’s builder to prove that the work had been completed. They did not put nails through the living room walls but used stickers. They also considered the price should be less than what was quoted.
The Landlord claimed $650.00 for the damage to the floor of the stairway which had a few chips. An invoice was provided for the repair and ingoing and exit inspection photographs. The Landlord submitted the house was brand new when the Tenant moved in.
The Tenant submitted they did not cause the damage and because the chips was so small, they did not see it. It could have been present at the start of the tenancy. They claimed the cost was excessive and should not be more than $100.00. They also did not agree with paying for an invoice because it was not proof of payment from the Landlord.
In considering the evidence, I find the entry and exit reports show that the damage caused to the walls and stairway, occurred during the tenancy. Although the entry inspection reports do not show a close-up photograph of the stairs, the Tenants did not dispute this being a newly built property and if it was wear or tear, one would have expected to see more chips all over the stairs. They appeared to be than fair wear and tear and the Landlord provided an invoice to substantiate the costs.
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. Plants
The Landlord claimed the cost of removing garden trees from the rear of the premises. The Landlord submitted that nine trees were removed during the tenancy. The ingoing and outgoing condition reports clearly record the presence of these trees at the commencement of the tenancy and their absence at the end. The Landlord provided an invoice for the removal works.
The Tenants denied removing the trees and stated they were unaware of when the trees died. They submitted they rarely accessed the rear garden and did not water the plants. They further contended the amount claimed was excessive.
In considering the evidence, the property inspection reports clearly establish that the trees were present at the commencement of the tenancy and removed by its conclusion. The Tenants’ submissions do not account for the removal of the trees nor displace their responsibility to maintain the garden during the tenancy. The invoice substantiates the cost claimed and has not been rebutted by any contrary evidence.
The amounts ordered are reasonable.
As the Landlord has been wholly successful in their claim, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.
As the Tenant has not been successful, name suppression is not granted to the Tenant.

Claims and awards in Tenancy Tribunal application 5379005 — net $5,753.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,142.86	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates by consent	$59.74	Water rates by consent
Repairs: Wall damage	$550.00	Repairs: Wall damage
Cleaning	$650.00	Cleaning
Repairs: Floor damage	$402.50	Repairs: Floor damage
Lawns and Garden work: Garden tree removal	$1,920.50	Lawns and Garden work: Garden tree removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,753.60
Total payable by Tenant to Landlord	$5,753.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Arinyakon Sreesing, Sarayut Sahathanalatthakool and Natthakrid Seangchin must pay [The landlord/s] $5,753.60 immediately, being rent arrears to 30 November 2025.
The Bond Centre is to pay the bond of $4,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by video. A Thai interpreter attended for the Tenants.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the parties agreed to the water rates arrears owed by the tenant

How much is owed for rent arrears?

The tenancy was a fixed term from 27 October 2025 to 30 November 2025. The Landlord provided rent records to prove the rent owing and submitted they made reasonable efforts to re-let the premises but were unsuccessful. The Landlord claimed rent was payable until 30 November 2025.
The Tenants submitted they vacated the premises approximately one month earlier due to unforeseen circumstances and gave prior notice. They consented to the bond being applied to outstanding rent but disputed liability for any amount beyond the bond, as they were no longer in occupation.
Early termination for fixed term tenancy can only occur by agreement, and the Tenants remained liable for rent until a new tenancy commenced. Because the Landlord was unable to find new tenants before the end of the fixed term, the Tenants are liable for the rent arrears until 30 November 2025.
The amounts ordered are proved.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. The Landlord submitted the kitchen and bathroom were dirty, the cabinet required cleaning, the walls had been drawn on and there were mud marks in the upstairs bedroom carpet. Entry and exit inspection photographs were provided as well as an invoice to substantiate the costs.
The Tenants claimed they had cleaned as best as possible when they moved out. They had cleaned everything and did not agree with the amount claimed.
In considering the evidence, I find from the property inspection photographs provided that there were areas of the house that still required cleaning and an invoice was provided to prove the amounts claimed. For this reason, 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.
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: wall damage and floor damage.
The Landlord claimed $550.00 for damage to the walls in the entry area, garage, stair way, upstairs bedroom, cupboard and lounge walls. Photographs indicated there was damage where nails had been removed, scuff marks, dents, drawings, attempts by the Tenant to repair and items had been nailed to the wall. An invoice was provided to substantiate the costs to repair. Entry and exit inspection photographs were provided which showed there was no damage when the Tenants moved in.
The Tenants submitted the damage on some of the walls was already present. They wanted a receipt from the Landlord’s builder to prove that the work had been completed. They did not put nails through the living room walls but used stickers. They also considered the price should be less than what was quoted.
The Landlord claimed $650.00 for the damage to the floor of the stairway which had a few chips. An invoice was provided for the repair and ingoing and exit inspection photographs. The Landlord submitted the house was brand new when the Tenant moved in.
The Tenant submitted they did not cause the damage and because the chips was so small, they did not see it. It could have been present at the start of the tenancy. They claimed the cost was excessive and should not be more than $100.00. They also did not agree with paying for an invoice because it was not proof of payment from the Landlord.
In considering the evidence, I find the entry and exit reports show that the damage caused to the walls and stairway, occurred during the tenancy. Although the entry inspection reports do not show a close-up photograph of the stairs, the Tenants did not dispute this being a newly built property and if it was wear or tear, one would have expected to see more chips all over the stairs. They appeared to be than fair wear and tear and the Landlord provided an invoice to substantiate the costs.
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. Plants
The Landlord claimed the cost of removing garden trees from the rear of the premises. The Landlord submitted that nine trees were removed during the tenancy. The ingoing and outgoing condition reports clearly record the presence of these trees at the commencement of the tenancy and their absence at the end. The Landlord provided an invoice for the removal works.
The Tenants denied removing the trees and stated they were unaware of when the trees died. They submitted they rarely accessed the rear garden and did not water the plants. They further contended the amount claimed was excessive.
In considering the evidence, the property inspection reports clearly establish that the trees were present at the commencement of the tenancy and removed by its conclusion. The Tenants’ submissions do not account for the removal of the trees nor displace their responsibility to maintain the garden during the tenancy. The invoice substantiates the cost claimed and has not been rebutted by any contrary evidence.
The amounts ordered are reasonable.
As the Landlord has been wholly successful in their claim, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.
As the Tenant has not been successful, name suppression is not granted to the Tenant.

Tenancy Tribunal case 5379005 — Rent arrears

At a glance

Tenancy Tribunal case 5379005 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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