What was Tenancy Tribunal case 5391563 about?

The tribunal order states: [The tenant/s] must pay Southland Property Solutions Limited As The

How much money was awarded in case 5391563?

Filing Fee: $28.00 awarded to landlord; Property Damage: $155.62 awarded to landlord; Rent Arrears: $3,467.78 awarded to landlord; Property Damage: $558.91 awarded to landlord

What type of tenancy dispute was case 5391563?

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

Where can I read the official tribunal order for case 5391563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353208-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5391563 about?

The tribunal order states: [The tenant/s] must pay Southland Property Solutions Limited As The

How much money was awarded in case 5391563?

Filing Fee: $28.00 awarded to landlord; Property Damage: $155.62 awarded to landlord; Rent Arrears: $3,467.78 awarded to landlord; Property Damage: $558.91 awarded to landlord

What type of tenancy dispute was case 5391563?

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

Where can I read the official tribunal order for case 5391563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353208-Tenancy_Tribunal_Order.pdf.

63 Wallace Street, Grasmere, Invercargill 9810 Tenancy Tribunal Case 5391563 — Rent arrears

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63 Wallace Street, Grasmere, Invercargill 9810 Tenancy Tribunal Case 5391563 — 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 5391563 — net $4,210.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$3,467.78	Rent arrears to 13 January 2026
Window repairs	$155.62	Window repairs
Repairs: Cooktop replacement - depreciated	$558.91	Repairs: Cooktop replacement - depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,210.31
Total payable by Tenant to Landlord	$4,210.31

Claims and awards for application 5391563 — net $4,210.31 NZD. Verify on MoJ.

Rent arrears to 13 January 2026

Amount: $3,467.78
Awarded to: Landlord
Reason: Rent arrears to 13 January 2026

Window repairs

Amount: $155.62
Awarded to: Landlord
Reason: Window repairs

Repairs: Cooktop replacement - depreciated

Amount: $558.91
Awarded to: Landlord
Reason: Repairs: Cooktop replacement - depreciated

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,210.31

Total payable by Tenant to Landlord

Landlord $4,210.31

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott $4,210.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $1,680.00 has already been released to the landlord and accounted for in the final rent arrears total.

How much is owed for rent?

The tenancy ended on 13 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered, with the bond applied. The final rent arrears of $3,467.78 is awarded.

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 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. The excess applicable here was $750.00.
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: a. Cracked door glass. The landlord provided a photo of a cracked glass pane in the entry door. It had been taped to secure the glass but required replacement. An invoice established the replacement cost, the photograph proves the damage. The invoice of $155.62 is awarded in full. b. Broken cooktop. The previous cooktop was replaced during the tenancy in 2023. By the end of the tenancy the replacement ceramic top was in poor condition, with cracks and impact damage apparent in the photos provided. The landlord has it replaced at a cost of $894.25. The tenant accepted liability via an email to the landlord. Given its age and expected economic life of eight years, I had to consider betterment and depreciation. As explained at the hearing, 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 cooktop at the start of the tenancy and their likely useful lifespan. This means the loss to be awarded is $558.91
“Fair wear and tear” has been described as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.
In Nixon v Geal-Otter DC North Shore, 30 January 1996, [1996] RTHNZ 2, 1996 WL 35049225, Judge Thorburn stated: Adjudicators and the Court must be careful to recognise that in any tenancy there will be a deterioration of condition because of fair wear and tear. It can be no other way. Mere use of premises will by the law of inevitability produce a deterioration of condition.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott has wholly succeeded with the claim I must reimburse the filing fee.

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 5391563 — net $4,210.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$3,467.78	Rent arrears to 13 January 2026
Window repairs	$155.62	Window repairs
Repairs: Cooktop replacement - depreciated	$558.91	Repairs: Cooktop replacement - depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,210.31
Total payable by Tenant to Landlord	$4,210.31

Claims and awards for application 5391563 — net $4,210.31 NZD. Verify on MoJ.

Rent arrears to 13 January 2026

Amount: $3,467.78
Awarded to: Landlord
Reason: Rent arrears to 13 January 2026

Window repairs

Amount: $155.62
Awarded to: Landlord
Reason: Window repairs

Repairs: Cooktop replacement - depreciated

Amount: $558.91
Awarded to: Landlord
Reason: Repairs: Cooktop replacement - depreciated

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,210.31

Total payable by Tenant to Landlord

Landlord $4,210.31

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott $4,210.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $1,680.00 has already been released to the landlord and accounted for in the final rent arrears total.

How much is owed for rent?

The tenancy ended on 13 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered, with the bond applied. The final rent arrears of $3,467.78 is awarded.

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 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. The excess applicable here was $750.00.
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: a. Cracked door glass. The landlord provided a photo of a cracked glass pane in the entry door. It had been taped to secure the glass but required replacement. An invoice established the replacement cost, the photograph proves the damage. The invoice of $155.62 is awarded in full. b. Broken cooktop. The previous cooktop was replaced during the tenancy in 2023. By the end of the tenancy the replacement ceramic top was in poor condition, with cracks and impact damage apparent in the photos provided. The landlord has it replaced at a cost of $894.25. The tenant accepted liability via an email to the landlord. Given its age and expected economic life of eight years, I had to consider betterment and depreciation. As explained at the hearing, 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 cooktop at the start of the tenancy and their likely useful lifespan. This means the loss to be awarded is $558.91
“Fair wear and tear” has been described as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.
In Nixon v Geal-Otter DC North Shore, 30 January 1996, [1996] RTHNZ 2, 1996 WL 35049225, Judge Thorburn stated: Adjudicators and the Court must be careful to recognise that in any tenancy there will be a deterioration of condition because of fair wear and tear. It can be no other way. Mere use of premises will by the law of inevitability produce a deterioration of condition.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5391563 — Rent arrears at 63 Wallace Street, Grasmere, Invercargill 9810

At a glance

Tenancy Tribunal case 5391563 — Rent arrears at 63 Wallace Street, Grasmere, Invercargill 9810

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions