What was Tenancy Tribunal case 5383261 about?

The tribunal order states: [The tenant/s] to pay Visions of a Helping Hand Charitable Trust $12,731.07

How much money was awarded in case 5383261?

1. Shirelle Higgins To Pay Visions O…: $12,731.07 awarded to landlord

What type of tenancy dispute was case 5383261?

The primary dispute was Rent arrears. Related themes: State of repair, Property damage.

Where can I read the official tribunal order for case 5383261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13856959-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5383261 about?

The tribunal order states: [The tenant/s] to pay Visions of a Helping Hand Charitable Trust $12,731.07

How much money was awarded in case 5383261?

1. Shirelle Higgins To Pay Visions O…: $12,731.07 awarded to landlord

What type of tenancy dispute was case 5383261?

The primary dispute was Rent arrears. Related themes: State of repair, Property damage.

Where can I read the official tribunal order for case 5383261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13856959-Tribunal_Order.pdf.

Unit/Flat Flat 2, 36 Griffiths Street, Putaruru, Putaruru 3411 Tenancy Tribunal Case 5383261 — Rent arrears

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Unit/Flat Flat 2, 36 Griffiths Street, Putaruru, Putaruru 3411 Tenancy Tribunal Case 5383261 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5383261. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust	$12,731.07		1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Claims and awards for application 5383261. Verify on MoJ.

1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Amount: $12,731.07
Awarded to: Landlord
Reason: 1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Order

[The tenant/s] to pay Visions of a Helping Hand Charitable Trust $12,731.07 immediately, calculated as follows:

Reasons

Both parties attended the hearing.
The Landlord has applied for rent arrears, reimbursement of a power invoice, compensation for damage and end-of-tenancy losses, tracing costs, and reimbursement of the filing fee following the end of the tenancy. DescriptionAmount Rent arrears to 2 July 2025$3,542.86 Powershop invoice, 25 June 2025 to 24 July 2025$342.83 Locksmith / change of locks because keys were not returned$216.10 Replacement missing wheelie/rubbish bin$105.00 Extensive repairs required at end of tenancy$7,978.78 Private investigator / tracing cost to locate tenant$517.50 Filing fee$28.00 Total awarded$12,731.07

How much is owed for rent?

The tenancy commenced on 21 June 2024. The landlord provided a rent summary which proves rent arrears of $3,542.86 up to 2 July 2025. I am satisfied that amount is owing.

Is the tenant responsible for the power invoice?

The landlord claims $342.83 for a Powershop invoice for the period 25 June 2025 to 24 July 2025. The landlord’s evidence was that the tenant refused or failed to transfer the power account into the tenant’s own name.
I am satisfied the power charge was incurred for the tenant’s occupation or use of the premises, and that the amount claimed is proved. The tenant must reimburse the landlord $342.83.

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: 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The tenant said she had lost them. The landlord had to change the locks. The locksmith invoice of $216.10 is proved and is allowed.
The wheelie/rubbish bin was missing at the end of the tenancy. The amount proved for replacement is $105.00. That amount is allowed. No further amount is allowed for that item.

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: s 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where the damage is careless, and occurs after 27 August 2019, section 49B Residential Tenancies Act 1986 applies. If the landlord becomes aware of the damage after 27 August 2019, 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. Where the damage is careless and is not covered by the landlord’s insurance, the tenant’s liability is limited to four weeks’ rent. See section 49B(3) Residential Tenancies Act 1986.
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) Residential Tenancies Act 1986.
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 the following damage occurred during the tenancy and was more than fair wear and tear: unauthorised and poor-quality painting to timber floors, walls, trims, cupboard doors, bedroom doors, stairwell, hallway, ranchslider sill, and fixtures and fittings; paint damage to cupboard and living room doors; water damage to cupboard doors left outside; damage to the benchtop and basin area; damaged light switch; damaged cupboard door handle; damaged stair carpet; and bathroom/shower head repair.
The tenant has not disproved liability for that damage. I am satisfied that the principal damage was intentional. The tenant deliberately painted surfaces and items belonging to the landlord without authority, including timber floors, cupboards, trims, doors and fixtures and fittings. Reinstatement was the certain result of that conduct.
The landlord provided photographs and invoices. The invoice for extensive repairs required at the end of the tenancy is $7,978.78. I am satisfied that amount is proved and reasonable.
No order is made for the separate carpet replacement invoice of $1,759.50. The landlord accepted that carpet replacement was an option explored and that the landlord would absorb that cost.
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 the amount allowed, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Additional matters
The landlord incurred $517.50 for a private investigator to locate the tenant. I am satisfied this was a reasonable cost incurred because the tenant could not otherwise be located for the purposes of the tenancy dispute. That amount is allowed.
Because the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee of $28.00.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5383261. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust	$12,731.07		1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Claims and awards for application 5383261. Verify on MoJ.

1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Amount: $12,731.07
Awarded to: Landlord
Reason: 1. Shirelle Higgins to pay Visions of a Helping Hand Charitable Trust

Order

[The tenant/s] to pay Visions of a Helping Hand Charitable Trust $12,731.07 immediately, calculated as follows:

Reasons

Both parties attended the hearing.
The Landlord has applied for rent arrears, reimbursement of a power invoice, compensation for damage and end-of-tenancy losses, tracing costs, and reimbursement of the filing fee following the end of the tenancy. DescriptionAmount Rent arrears to 2 July 2025$3,542.86 Powershop invoice, 25 June 2025 to 24 July 2025$342.83 Locksmith / change of locks because keys were not returned$216.10 Replacement missing wheelie/rubbish bin$105.00 Extensive repairs required at end of tenancy$7,978.78 Private investigator / tracing cost to locate tenant$517.50 Filing fee$28.00 Total awarded$12,731.07

How much is owed for rent?

The tenancy commenced on 21 June 2024. The landlord provided a rent summary which proves rent arrears of $3,542.86 up to 2 July 2025. I am satisfied that amount is owing.

Is the tenant responsible for the power invoice?

The landlord claims $342.83 for a Powershop invoice for the period 25 June 2025 to 24 July 2025. The landlord’s evidence was that the tenant refused or failed to transfer the power account into the tenant’s own name.
I am satisfied the power charge was incurred for the tenant’s occupation or use of the premises, and that the amount claimed is proved. The tenant must reimburse the landlord $342.83.

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: 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The tenant said she had lost them. The landlord had to change the locks. The locksmith invoice of $216.10 is proved and is allowed.
The wheelie/rubbish bin was missing at the end of the tenancy. The amount proved for replacement is $105.00. That amount is allowed. No further amount is allowed for that item.

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: s 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where the damage is careless, and occurs after 27 August 2019, section 49B Residential Tenancies Act 1986 applies. If the landlord becomes aware of the damage after 27 August 2019, 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. Where the damage is careless and is not covered by the landlord’s insurance, the tenant’s liability is limited to four weeks’ rent. See section 49B(3) Residential Tenancies Act 1986.
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) Residential Tenancies Act 1986.
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 the following damage occurred during the tenancy and was more than fair wear and tear: unauthorised and poor-quality painting to timber floors, walls, trims, cupboard doors, bedroom doors, stairwell, hallway, ranchslider sill, and fixtures and fittings; paint damage to cupboard and living room doors; water damage to cupboard doors left outside; damage to the benchtop and basin area; damaged light switch; damaged cupboard door handle; damaged stair carpet; and bathroom/shower head repair.
The tenant has not disproved liability for that damage. I am satisfied that the principal damage was intentional. The tenant deliberately painted surfaces and items belonging to the landlord without authority, including timber floors, cupboards, trims, doors and fixtures and fittings. Reinstatement was the certain result of that conduct.
The landlord provided photographs and invoices. The invoice for extensive repairs required at the end of the tenancy is $7,978.78. I am satisfied that amount is proved and reasonable.
No order is made for the separate carpet replacement invoice of $1,759.50. The landlord accepted that carpet replacement was an option explored and that the landlord would absorb that cost.
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 the amount allowed, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Additional matters
The landlord incurred $517.50 for a private investigator to locate the tenant. I am satisfied this was a reasonable cost incurred because the tenant could not otherwise be located for the purposes of the tenancy dispute. That amount is allowed.
Because the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee of $28.00.

Tenancy Tribunal case 5383261 — Rent arrears at Unit/Flat Flat 2, 36 Griffiths Street, Putaruru, Putaruru 3411

At a glance

Tenancy Tribunal case 5383261 — Rent arrears at Unit/Flat Flat 2, 36 Griffiths Street, Putaruru, Putaruru 3411

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the power invoice?

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

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the power invoice?

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

Property management

Frequently asked questions