What was Tenancy Tribunal case 5390261 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 5390261?

Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5390261?

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

Where can I read the official tribunal order for case 5390261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13280895-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5390261 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 5390261?

Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5390261?

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

Where can I read the official tribunal order for case 5390261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13280895-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5390261 — Rent arrears

Claims and awards in Tenancy Tribunal application 5390261 — net $2,096.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.11.25	$1,740.00	Rent arrears to 19.11.25
Cleaning	$230.00	Cleaning
Rubbish removal	$460.00	Rubbish removal
Lock/key replacement	$276.00	Lock/key replacement
Repairs: wall damage	$920.00	Repairs: wall damage
Repairs: cladding damage	$402.50	Repairs: cladding damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,096.50
Total payable by Tenant to Landlord	$2,096.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $2,096.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.
The tenant did not attend the hearing at 10am when the hearing commenced. The hearing proceeded without her. After the hearing ended the tenant joined the MS Teams hearing. I recalled the hearing, explained the landlord’s claims and evidence and allowed the tenant the opportunity to respond to the claims.
The landlord has applied for rent arrears, compensation, payment of the bond, 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.

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 landlord claims rent arrears to 19 November 2025. The landlord has provided a rent summary to prove the amount owing is $1,740.
On 28 October 2025 the landlord gave the tenant notice that the premises would be listed for sale. The following emails were sent that day. • Tenant - I would like to end my tenancy ... I will move in with family this week or hopefully find another place within this week.... • Landlord - sure, no problem, thanks for letting me know, shall i set your last day of tenancy as 18th November 2025, as this is the last day of your 21 days notice from today? • Tenant: - if there's a sooner date then I'll be fine with a date sooner otherwise 18 November 2025 is fine with me. 1 See section 40 (1)(a) of the RTA. • Landlord - Will ask the owner and come back to you. Is there any day in mind from you? • Tenant - I can be out by 4 November 2025 • Landlord on 1 November 2025 - Owner had replied they are ok with your early move out. Please let me know when you ready for move out inspection
The landlord says the tenant did not notify the landlord of her departure or return the keys. The tenant says she did notify her departure but does not have evidence of the text message. The landlord has attended at the property by 17 November 2025 and has seen that the property appeared empty however the tenant had left a lot of rubbish and belongings.
A landlord must contain or mitigate loss 2 and cannot charge rent indefinitely if keys are not returned. 3 The landlord did not re-enter the premises promptly (they did not take possession until February 2026 pursuant to the previous Tribunal order) but the landlord has not charged rent indefinitely. I consider that the tenant should pay rent to 19 November 2025 to reflect that the landlord did not have possession as a result of the tenant’s failure to remove all her goods and rubbish from the tenancy, failure to return the keys and failure to notify the landlord of her departure. Rent arrears to 19 November 2025 is ordered for these reasons. 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. 4 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 5 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 2 RTA, s 49 3 Keenan v Mottram TT Whanganui TT96/87, 13 February 1989 at 3 and 6. 4 See section 40(1)(e) of the RTA. 5 See s 40 (2)(a) of the RTA. cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Draws, a chair, a washing machine and old car parts required removal. The tenant said she cleaned the floors but as items were left in the premises, I find vacuuming would likely have been required, at the very least under the items left at the premises. The landlord has provided photographs to show the items left in the premises and the grubby walls. The amount ordered for cleaning is $230 for cleaning grubby walls and vacuuming. The amount ordered for rubbish removal is $460 and this is made by consent. The amounts ordered is proved with photographs and an invoice. 6 See sections 40(2)(a), 41 and 49B RTA. 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. Lock/key replacement
The tenant did not return the keys. The amount ordered is $276 and it is proved with oral evidence and an invoice and is made by consent. Damage claims
The landlord amended the claim to include a claim for compensation for damage.
The following damage was caused during the tenancy: a. Three bedrooms had holes in the walls. The amount ordered of $920 is proved with pre-tenancy and post-tenancy photographs and an invoice and is made by consent. b. The exterior cladding was damaged with what appears to be scratches by a pet. The amount ordered of $402.50 is proved with pre-tenancy and post-tenancy photographs and an invoice and is made by consent.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Bond
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee
Because the applicant has been wholly or partly successful in their claim, I have ordered that the respondent pay the applicant the application filing fee. 12 Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 13
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying 12 RTA, s 102. 13 RTA, s 95A (1). particulars of any witness or party not be published and may attach any conditions to that order that the Tribunal considers appropriate. 14
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant applied for name suppression. By a fine margin I will allow name suppression because the tenant has consent to the substantial number of claims made by the landlord.

Claims and awards in Tenancy Tribunal application 5390261 — net $2,096.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.11.25	$1,740.00	Rent arrears to 19.11.25
Cleaning	$230.00	Cleaning
Rubbish removal	$460.00	Rubbish removal
Lock/key replacement	$276.00	Lock/key replacement
Repairs: wall damage	$920.00	Repairs: wall damage
Repairs: cladding damage	$402.50	Repairs: cladding damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,096.50
Total payable by Tenant to Landlord	$2,096.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $2,096.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.
The tenant did not attend the hearing at 10am when the hearing commenced. The hearing proceeded without her. After the hearing ended the tenant joined the MS Teams hearing. I recalled the hearing, explained the landlord’s claims and evidence and allowed the tenant the opportunity to respond to the claims.
The landlord has applied for rent arrears, compensation, payment of the bond, 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.

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 landlord claims rent arrears to 19 November 2025. The landlord has provided a rent summary to prove the amount owing is $1,740.
On 28 October 2025 the landlord gave the tenant notice that the premises would be listed for sale. The following emails were sent that day. • Tenant - I would like to end my tenancy ... I will move in with family this week or hopefully find another place within this week.... • Landlord - sure, no problem, thanks for letting me know, shall i set your last day of tenancy as 18th November 2025, as this is the last day of your 21 days notice from today? • Tenant: - if there's a sooner date then I'll be fine with a date sooner otherwise 18 November 2025 is fine with me. 1 See section 40 (1)(a) of the RTA. • Landlord - Will ask the owner and come back to you. Is there any day in mind from you? • Tenant - I can be out by 4 November 2025 • Landlord on 1 November 2025 - Owner had replied they are ok with your early move out. Please let me know when you ready for move out inspection
The landlord says the tenant did not notify the landlord of her departure or return the keys. The tenant says she did notify her departure but does not have evidence of the text message. The landlord has attended at the property by 17 November 2025 and has seen that the property appeared empty however the tenant had left a lot of rubbish and belongings.
A landlord must contain or mitigate loss 2 and cannot charge rent indefinitely if keys are not returned. 3 The landlord did not re-enter the premises promptly (they did not take possession until February 2026 pursuant to the previous Tribunal order) but the landlord has not charged rent indefinitely. I consider that the tenant should pay rent to 19 November 2025 to reflect that the landlord did not have possession as a result of the tenant’s failure to remove all her goods and rubbish from the tenancy, failure to return the keys and failure to notify the landlord of her departure. Rent arrears to 19 November 2025 is ordered for these reasons. 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. 4 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 5 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 2 RTA, s 49 3 Keenan v Mottram TT Whanganui TT96/87, 13 February 1989 at 3 and 6. 4 See section 40(1)(e) of the RTA. 5 See s 40 (2)(a) of the RTA. cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Draws, a chair, a washing machine and old car parts required removal. The tenant said she cleaned the floors but as items were left in the premises, I find vacuuming would likely have been required, at the very least under the items left at the premises. The landlord has provided photographs to show the items left in the premises and the grubby walls. The amount ordered for cleaning is $230 for cleaning grubby walls and vacuuming. The amount ordered for rubbish removal is $460 and this is made by consent. The amounts ordered is proved with photographs and an invoice. 6 See sections 40(2)(a), 41 and 49B RTA. 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. Lock/key replacement
The tenant did not return the keys. The amount ordered is $276 and it is proved with oral evidence and an invoice and is made by consent. Damage claims
The landlord amended the claim to include a claim for compensation for damage.
The following damage was caused during the tenancy: a. Three bedrooms had holes in the walls. The amount ordered of $920 is proved with pre-tenancy and post-tenancy photographs and an invoice and is made by consent. b. The exterior cladding was damaged with what appears to be scratches by a pet. The amount ordered of $402.50 is proved with pre-tenancy and post-tenancy photographs and an invoice and is made by consent.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Bond
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee
Because the applicant has been wholly or partly successful in their claim, I have ordered that the respondent pay the applicant the application filing fee. 12 Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 13
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying 12 RTA, s 102. 13 RTA, s 95A (1). particulars of any witness or party not be published and may attach any conditions to that order that the Tribunal considers appropriate. 14
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant applied for name suppression. By a fine margin I will allow name suppression because the tenant has consent to the substantial number of claims made by the landlord.

Tenancy Tribunal case 5390261 — Rent arrears

At a glance

Tenancy Tribunal case 5390261 — Rent arrears

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

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions