What was Tenancy Tribunal case 5388823 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 5388823?

Filing Fee: $28.00 awarded to landlord; Property Damage: $778.03 awarded to landlord; Property Damage: $1,996.40 awarded to landlord; Rent Arrears: $4,960.00 awarded to landlord; Labour: $3,750.00 awarded to landlord; Materials: $1,458.05 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5388823?

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

Where can I read the official tribunal order for case 5388823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13299471-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5388823 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 5388823?

Filing Fee: $28.00 awarded to landlord; Property Damage: $778.03 awarded to landlord; Property Damage: $1,996.40 awarded to landlord; Rent Arrears: $4,960.00 awarded to landlord; Labour: $3,750.00 awarded to landlord; Materials: $1,458.05 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5388823?

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

Where can I read the official tribunal order for case 5388823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13299471-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5388823 — Property damage

Claims and awards in Tenancy Tribunal application 5388823 — net $13,420.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.1.26	$4,960.00	Rent arrears to 18.1.26
Rubbish removal	$450.00	Rubbish removal
Repairs: Labour	$3,750.00	Repairs: Labour
Repairs: Materials	$1,458.05	Repairs: Materials
Window repairs	$778.03	Window repairs
Window repairs	$1,996.40	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,420.48
Total payable by Tenant to Landlord	$13,420.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jack Simon Fraser must pay [The landlord/s] $13,420.48 immediately, calculated as shown in table below.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
I note here that I allowed the landlord to file some photographs shortly after the hearing rather that adjourn the hearing. If the tenant has any objection to this he may apply for a rehearing, although I note he has not engaged in the proceedings in any event.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 18 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,960. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2
The tenant is required to replace worn out smoke alarm batteries during the tenancy. 3 The tenant must also replace standard light bulbs. The Law - Tenants responsibility for damage 1 See section 40 (1)(a) of the RTA. 2 See section 40(1)(e) of the RTA. 3 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 4
Where a landlord is claiming compensation for damage 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. 5 Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6
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). 7 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). 8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 9
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. 10 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. 11
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Rubbish removal 4 See s 40 (2)(a) of the RTA. 5 See sections 40(2)(a), 41 and 49B RTA. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 See section 49B(3)(a) RTA. 8 See section 49B(3)(b) RTA. 9 See section 49B(3A)(a) RTA. 10 See section 49B(1) RTA. 11 See Guo v Korck [2019] NZHC 1541.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the rubbish left at the premises at the end of the tenancy.
The landlord had to get a skip bin to remove the tenant’s rubbish. The landlord provided the invoice for the skip. The amount ordered is $450. The amount ordered is proved. Smoke alarm
The landlord said the smoke alarms have been removed by the tenant. The tenancy agreement recorded compliance with smoke alarm requirements. I will address this claim under the damage claims below as the Otago Handyman quote includes the replacement of the smoke alarms. Damage claims
A pre-tenancy property inspection report using the Tenancy Services template was submitted by the landlord. That checklist confirms that the premises was in acceptable condition throughout, save for two lights/power points. No damage or defects were recorded otherwise. No pre-tenancy photographs were provided.
The landlord claims compensation for damage. The landlord claims compensation for the damage outlined in a Otago handyman Services (OHS) quote of $8,945.73
I am satisfied the following damage was caused during the tenancy and has been quoted for repair in the OHS quote: i. Walls throughout the premises have holes that need repairing and graffiti that will need to be cleaned and repainted, ii. Kitchen cabinet fronts and draw fronts have been removed and require repair, iii. Windows and doorframes require repair, many of the doors have been removed from their hinges and completely destroyed. 10 doors will need to be reinstalled (the amount ordered is not the replacement cost of the doors), iv. The bath was damaged and requires repair, v. Carpet was attached to the basement wall and it requires removal. vi. Smoke alarms need to be replaced and installed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage is significant and given the nature of the damage appears intentional.
The landlord has provided a quote, he has not completed the work on the premises while he makes decisions about costs in relation to methamphetamine contamination. I consider it likely the landlord will undertake the repairs and I consider he has suffered a loss as a result of the tenant’s breaches for which he should be compensated for.
However, the Tribunal takes a cautious approach to quotes.
This is because when quotes are provided the actual cost has not been established and the landlord may not actually pay the amount quoted.
The landlord was advised of the cautious approach the Tribunal will take to quotes at the first hearing of this matter. I indicated at that initial hearing the matter should be adjourned for the work to be completed. The matter was adjourned for the tenant to be served with the claims. The landlord has not completed the work and I cannot rule out the possibility that the landlord will attend to much of the work himself or have another contractor do that work at a cheaper rate.
Compensation must also be reasonable and proportionate.
In the circumstances where only a quote is provided, after consideration, I have decided to compensate the landlord at the reduced rate of $50, rather than at $86.25 as quoted. I consider this rate is reasonable as some skill will be required in undertaking the repairs.
Further, the quote does not estimate time required for the defined tasks. The amount claimed was 77 hours. It was discussed at the hearing that some work was for fair wear and tear. I will allow 75 hours.
Having regards to these matters I will order compensation for labour of $3,750
The OHS quote was supported with a Mitre 10 schedule of materials.
From the Mitre 10 schedule I will allow the materials less the items the landlord indicated would be used for damage that is fair wear and tear and door handles (as the landlord has said he has replacement doors) Mitre 10 estimate $ 2,304.48 Less builders filler $ 32.51 Less Floor protection $ 116.00 Less Panelling $ 86.25 Less Passage set doorhandles $ 611.67 Total materials ordered for damage $ 1,458.05
I have not ordered the replacement of the door handles given the landlord indicated he has replacement doors and the door handles in the photographs of the damaged doors appeared aged.
The amount ordered is proved. Windows
Four broken windows have been repaired. The landlord claims $778.03 for the window repairs. An invoice from Dunedin Glass was provided in support of the claim. Photographs were provided in support of the claim. The amount of $778.03 is ordered. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
9 other windows have been cracked and will require replacement. A quote for $1,996.40 has been provided. The windows will need to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered are proved. Curtain damage
The landlord says that curtains throughout the premises were removed and damaged. He seeks compensation for the lounge curtains only.
The landlord provided the invoice he says are for the lounge curtains and seeks compensation of $1559.79. The curtains were purchased in 2020. In the absence of the invoice providing specific information as to the purchased items or a quote for replacement curtains, or pre tenancy photographs of the curtains, I consider the landlord has not proven this claim and it is dismissed. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered reimbursement of the filing fee of $28. 12 Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 13

Claims and awards in Tenancy Tribunal application 5388823 — net $13,420.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.1.26	$4,960.00	Rent arrears to 18.1.26
Rubbish removal	$450.00	Rubbish removal
Repairs: Labour	$3,750.00	Repairs: Labour
Repairs: Materials	$1,458.05	Repairs: Materials
Window repairs	$778.03	Window repairs
Window repairs	$1,996.40	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,420.48
Total payable by Tenant to Landlord	$13,420.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jack Simon Fraser must pay [The landlord/s] $13,420.48 immediately, calculated as shown in table below.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
I note here that I allowed the landlord to file some photographs shortly after the hearing rather that adjourn the hearing. If the tenant has any objection to this he may apply for a rehearing, although I note he has not engaged in the proceedings in any event.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 18 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,960. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2
The tenant is required to replace worn out smoke alarm batteries during the tenancy. 3 The tenant must also replace standard light bulbs. The Law - Tenants responsibility for damage 1 See section 40 (1)(a) of the RTA. 2 See section 40(1)(e) of the RTA. 3 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 4
Where a landlord is claiming compensation for damage 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. 5 Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6
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). 7 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). 8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 9
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. 10 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. 11
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Rubbish removal 4 See s 40 (2)(a) of the RTA. 5 See sections 40(2)(a), 41 and 49B RTA. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 See section 49B(3)(a) RTA. 8 See section 49B(3)(b) RTA. 9 See section 49B(3A)(a) RTA. 10 See section 49B(1) RTA. 11 See Guo v Korck [2019] NZHC 1541.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the rubbish left at the premises at the end of the tenancy.
The landlord had to get a skip bin to remove the tenant’s rubbish. The landlord provided the invoice for the skip. The amount ordered is $450. The amount ordered is proved. Smoke alarm
The landlord said the smoke alarms have been removed by the tenant. The tenancy agreement recorded compliance with smoke alarm requirements. I will address this claim under the damage claims below as the Otago Handyman quote includes the replacement of the smoke alarms. Damage claims
A pre-tenancy property inspection report using the Tenancy Services template was submitted by the landlord. That checklist confirms that the premises was in acceptable condition throughout, save for two lights/power points. No damage or defects were recorded otherwise. No pre-tenancy photographs were provided.
The landlord claims compensation for damage. The landlord claims compensation for the damage outlined in a Otago handyman Services (OHS) quote of $8,945.73
I am satisfied the following damage was caused during the tenancy and has been quoted for repair in the OHS quote: i. Walls throughout the premises have holes that need repairing and graffiti that will need to be cleaned and repainted, ii. Kitchen cabinet fronts and draw fronts have been removed and require repair, iii. Windows and doorframes require repair, many of the doors have been removed from their hinges and completely destroyed. 10 doors will need to be reinstalled (the amount ordered is not the replacement cost of the doors), iv. The bath was damaged and requires repair, v. Carpet was attached to the basement wall and it requires removal. vi. Smoke alarms need to be replaced and installed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage is significant and given the nature of the damage appears intentional.
The landlord has provided a quote, he has not completed the work on the premises while he makes decisions about costs in relation to methamphetamine contamination. I consider it likely the landlord will undertake the repairs and I consider he has suffered a loss as a result of the tenant’s breaches for which he should be compensated for.
However, the Tribunal takes a cautious approach to quotes.
This is because when quotes are provided the actual cost has not been established and the landlord may not actually pay the amount quoted.
The landlord was advised of the cautious approach the Tribunal will take to quotes at the first hearing of this matter. I indicated at that initial hearing the matter should be adjourned for the work to be completed. The matter was adjourned for the tenant to be served with the claims. The landlord has not completed the work and I cannot rule out the possibility that the landlord will attend to much of the work himself or have another contractor do that work at a cheaper rate.
Compensation must also be reasonable and proportionate.
In the circumstances where only a quote is provided, after consideration, I have decided to compensate the landlord at the reduced rate of $50, rather than at $86.25 as quoted. I consider this rate is reasonable as some skill will be required in undertaking the repairs.
Further, the quote does not estimate time required for the defined tasks. The amount claimed was 77 hours. It was discussed at the hearing that some work was for fair wear and tear. I will allow 75 hours.
Having regards to these matters I will order compensation for labour of $3,750
The OHS quote was supported with a Mitre 10 schedule of materials.
From the Mitre 10 schedule I will allow the materials less the items the landlord indicated would be used for damage that is fair wear and tear and door handles (as the landlord has said he has replacement doors) Mitre 10 estimate $ 2,304.48 Less builders filler $ 32.51 Less Floor protection $ 116.00 Less Panelling $ 86.25 Less Passage set doorhandles $ 611.67 Total materials ordered for damage $ 1,458.05
I have not ordered the replacement of the door handles given the landlord indicated he has replacement doors and the door handles in the photographs of the damaged doors appeared aged.
The amount ordered is proved. Windows
Four broken windows have been repaired. The landlord claims $778.03 for the window repairs. An invoice from Dunedin Glass was provided in support of the claim. Photographs were provided in support of the claim. The amount of $778.03 is ordered. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
9 other windows have been cracked and will require replacement. A quote for $1,996.40 has been provided. The windows will need to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered are proved. Curtain damage
The landlord says that curtains throughout the premises were removed and damaged. He seeks compensation for the lounge curtains only.
The landlord provided the invoice he says are for the lounge curtains and seeks compensation of $1559.79. The curtains were purchased in 2020. In the absence of the invoice providing specific information as to the purchased items or a quote for replacement curtains, or pre tenancy photographs of the curtains, I consider the landlord has not proven this claim and it is dismissed. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered reimbursement of the filing fee of $28. 12 Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 13

Tenancy Tribunal case 5388823 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5388823 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions