How much money was awarded in case 5382582?

Cleaning: $822.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $557.75 awarded to landlord; Property Damage: $207.00 awarded to landlord; Bedroomdoor broken/wardrobe panel br…: $1,090.20 awarded to landlord; Replace Broken Tile: $207.00 awarded to landlord; Replace furnishings: Curtain ties/ra…: $248.20 awarded to landlord; Replace furnishings: Drapes and net…: $1,138.70 awarded to landlord; Replace furnishings: Replace carpet…: $1,242.00 awarded to landlord; Replace Heat Pump Remote+ Batteries: $45.44 awarded to landlord

What type of tenancy dispute was case 5382582?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5382582?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13089554-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5382582?

Cleaning: $822.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $557.75 awarded to landlord; Property Damage: $207.00 awarded to landlord; Bedroomdoor broken/wardrobe panel br…: $1,090.20 awarded to landlord; Replace Broken Tile: $207.00 awarded to landlord; Replace furnishings: Curtain ties/ra…: $248.20 awarded to landlord; Replace furnishings: Drapes and net…: $1,138.70 awarded to landlord; Replace furnishings: Replace carpet…: $1,242.00 awarded to landlord; Replace Heat Pump Remote+ Batteries: $45.44 awarded to landlord

What type of tenancy dispute was case 5382582?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5382582?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13089554-Tribunal_Order_Redacted.pdf.

2A Papaku Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5382582 — Property damage

Q: What was Tenancy Tribunal case 5382582 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5382582 — net $5,586.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lock/key replacement	$207.00	Lock/key replacement
Repairs: replace broken tile	$207.00	Repairs: replace broken tile
Pest control: 2 treatments	$557.75	Pest control: 2 treatments
Cleaning	$822.25	Cleaning
Replace heat pump remote+ batteries	$45.44	Replace heat pump remote+ batteries
Repairs: Bedroomdoor broken/wardrobe panel broken/hole in wall	$1,090.20	Repairs: Bedroomdoor broken/wardrobe panel broken/hole in wall
Replace furnishings: Drapes and net curtains	$1,138.70	Replace furnishings: Drapes and net curtains
Replace furnishings: Curtain ties/racks	$248.20	Replace furnishings: Curtain ties/racks
Replace furnishings: Replace carpet in two bedrooms	$1,242.00	Replace furnishings: Replace carpet in two bedrooms
Net award	$5,586.54
Total payable by Tenant to Landlord	$5,586.54

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

Siulolo Tuungahala must pay [The landlord/s] $5,586.54 immediately, calculated as shown in table below. DescriptionLandlord Filing fee reimbursement$28.00 Lock/key replacement$207.00 Repairs: replace broken tile$207.00 Pest control: 2 treatments$557.75 Carpet Cleaning$0.00 Cleaning$822.25 Replace heat pump remote+ batteries$45.44 Repairs: Bedroomdoor broken/wardrobe panel broken/hole in wall $1,090.20 Replace furnishings: Drapes and net curtains$1,138.70 Replace furnishings: Curtain ties/racks$248.20 Replace furnishings: Replace carpet in two bedrooms$1,242.00 Total award$5,586.54 Total payable by Tenant to Landlord$5,586.54

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant’s mobile number, but it went unanswered. The tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.

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

The tenancy commenced on 14 July 2024 and ended on 8 October 2025. The property was brand new at the start of the tenancy and in excellent condition.

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 tenant did not return the keys.

The following chattels were missing at the end of the tenancy: - Heat pump remote and batteries.

The landlord provided the Tribunal with a pre let inspection report and detailed photos and an exit inspection report and photos. The landlord also provided invoices for the compensation sought at the end of the tenancy. Cockroach Infestation:

The photos and report show the worst cockroach infestation I have ever seen. The landlord had to carry out two separate treatments to eradicate the infestation. Every single photo taken of the inside of the house showed a huge number of dead cockroaches. The invoices for both treatments totalled $557.75, and I find the landlord has proven their claim for the infestation treatment costs. Cleaning:

The property was left in a dirty condition as was shown in the inspection report and photos. The cleaners had to carry out a second clean after the infestation treatments due to extent and number of dead cockroaches in the property. I am satisfied that the landlord has proven their claim for the cleaning. Key replacement:

The tenant lost the house keys during the tenancy and was unable to provide the keys at the end of the tenancy. The landlord provided an invoice for $207.00 to replace the keys. I am satisfied that the landlord has proven their claim for the replacement front door keys. Heat pump remote and batteries:

The tenant was provided with a heat pump remote at the start of the tenancy and this was noted on the tenancy agreement. During the tenancy, the tenant lost the remote. The landlord provided an invoice for the cost of the new replacement remote and batteries.

I am satisfied that the landlord has proven their claim for the heat pump remote and batteries.

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: -The bedroom carpets were heavily stained, cut and smelt badly of animals. -Wardrobe drawer panel was broken, bedroom door smashed, hole in wall in bedroom. -Curtain tracks, ties and accessories were snapped and broken. -Two set of drapes and 5 set of net curtains were ripped, torn, missing and destroyed.

The landlord provided photos of the new drapes and nets at the start of the tenancy. At the end of the tenancy the photos and report show badly damaged drapes and some nets completely gone. The drapes were ripped from the eyelet holes and had cuts and tears in the fabric. The curtain tracks and hooks were snapped and the caps missing. The curtains and drapes were dirty and stained.

The bedroom door had been smashed and a hole punched in the wall. The wardrobe drawer had a panel missing.

The carpet in two of the bedrooms were heavily stained and smelt of animals. The landlord had carpet cleaners come to the property, but they could not get the stains nor the smell out of the carpet. There were cuts or what appeared to be shaving of areas of the carpet in the rooms.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Depreciation:

When considering compensation for damage to items at the premises, the Tribunal applies the principle of depreciation. This means that compensation is based on the age and condition of the damaged items, rather than the full replacement cost. Landlords are not entitled to be put in a better position than they would have been if the damage had not occurred. The replacement cost is adjusted to reflect the expected lifespan of the item, taking into account normal wear and tear. The Tribunal uses established guidelines and depreciation tables to determine a reasonable amount, ensuring that any award reflects the actual loss rather than the costs of a new item.

I have deducted 10% off the amount awarded to reflect depreciation. Filing Fee/ Suppression:

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord has applied for suppression of their name and as they have been successful, I am granting suppression.

Order

Claims and awards in Tenancy Tribunal application 5382582 — net $5,586.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lock/key replacement	$207.00	Lock/key replacement
Repairs: replace broken tile	$207.00	Repairs: replace broken tile
Pest control: 2 treatments	$557.75	Pest control: 2 treatments
Cleaning	$822.25	Cleaning
Replace heat pump remote+ batteries	$45.44	Replace heat pump remote+ batteries
Repairs: Bedroomdoor broken/wardrobe panel broken/hole in wall	$1,090.20	Repairs: Bedroomdoor broken/wardrobe panel broken/hole in wall
Replace furnishings: Drapes and net curtains	$1,138.70	Replace furnishings: Drapes and net curtains
Replace furnishings: Curtain ties/racks	$248.20	Replace furnishings: Curtain ties/racks
Replace furnishings: Replace carpet in two bedrooms	$1,242.00	Replace furnishings: Replace carpet in two bedrooms
Net award	$5,586.54
Total payable by Tenant to Landlord	$5,586.54

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

Reasons

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

The tenancy commenced on 14 July 2024 and ended on 8 October 2025. The property was brand new at the start of the tenancy and in excellent condition.

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

The tenant did not leave the premises reasonably clean and tidy.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: - Heat pump remote and batteries.

I am satisfied that the landlord has proven their claim for the heat pump remote and batteries.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The bedroom door had been smashed and a hole punched in the wall. The wardrobe drawer had a panel missing.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Depreciation:

I have deducted 10% off the amount awarded to reflect depreciation. Filing Fee/ Suppression:

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord has applied for suppression of their name and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5382582 — Property damage at 2A Papaku Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5382582 — Property damage at 2A Papaku Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

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

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