What was Tenancy Tribunal case 5392356 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 5392356?

Cleaning: $264.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Electrical: $398.72 awarded to landlord; Five-Star Maintenance: $2,992.30 awarded to landlord; Plumbing: $383.69 awarded to landlord; Property Guys Invoices: $8,760.75 awarded to landlord; Rubbish Removal: $405.00 awarded to landlord; Water Rates: $1,003.61 awarded to landlord

What type of tenancy dispute was case 5392356?

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

Where can I read the official tribunal order for case 5392356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13321065-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5392356 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 5392356?

Cleaning: $264.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Electrical: $398.72 awarded to landlord; Five-Star Maintenance: $2,992.30 awarded to landlord; Plumbing: $383.69 awarded to landlord; Property Guys Invoices: $8,760.75 awarded to landlord; Rubbish Removal: $405.00 awarded to landlord; Water Rates: $1,003.61 awarded to landlord

What type of tenancy dispute was case 5392356?

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

Where can I read the official tribunal order for case 5392356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13321065-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5392356 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5392356 — net $14,236.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,003.61	Water rates
Carpet Cleaning	$264.50	Carpet Cleaning
Rubbish removal	$405.00	Rubbish removal
Repairs: Plumbing	$383.69	Repairs: Plumbing
Repairs: Electrical	$398.72	Repairs: Electrical
Repairs: Property Guys invoices	$8,760.75	Repairs: Property Guys invoices
Repairs: Five-star maintenance	$2,992.30	Repairs: Five-star maintenance
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$14,236.57
Total payable by Tenant to Landlord	$14,236.57

The landlord attended the remote hearing.

The tenant did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant

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

How much is owed for water rates?

The tenancy ended on 11 August 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $1,003.61.

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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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

The landlord provided photos of the premises at the commencement of the tenancy. At that stage, the premises were new. The landlord provided photos of the premises at the end of the tenancy. The premises had been left in an appalling condition. It is almost difficult to conceive that the photographs provided from both the commencement and end of the tenancy are of the same premises. The landlord provided invoices for rubbish removal of $405.00 (skip hire) and carpet cleaning to remove stains of $264.50

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. The excess on the landlord’s insurance policy is $10,000.00 on each and every claim.

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: • Blinds (x7) were damaged beyond repair and had to be replaced. • The kitchen bench top was damaged. • Walls were damaged throughout the premises. • Doors and windows were damaged. • The gate latch was broken. • The kitchen tap was broken. • A toilet seat was broken. • The heat pump was damaged.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The extent of the damage is such that the I find the damage to be intentional. The tenant has allowed the extensive damage to occur. The landlord provided photos showing the damage.

The landlord had provided invoices from Property Guys ($8,760.75), Five Star Maintenance ($2,999.30), Beyond Electrical ($398.72) and Hydro Dynamics Plumbing ($383.69) .The amounts ordered are proved.

The landlord has been wholly successful in this hearing. The tenant is ordered to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5392356 — net $14,236.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,003.61	Water rates
Carpet Cleaning	$264.50	Carpet Cleaning
Rubbish removal	$405.00	Rubbish removal
Repairs: Plumbing	$383.69	Repairs: Plumbing
Repairs: Electrical	$398.72	Repairs: Electrical
Repairs: Property Guys invoices	$8,760.75	Repairs: Property Guys invoices
Repairs: Five-star maintenance	$2,992.30	Repairs: Five-star maintenance
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$14,236.57
Total payable by Tenant to Landlord	$14,236.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Santana Mann must pay [The landlord/s] $14,236.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 11 August 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $1,003.61.

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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photos of the premises at the commencement of the tenancy. At that stage, the premises were new. The landlord provided photos of the premises at the end of the tenancy. The premises had been left in an appalling condition. It is almost difficult to conceive that the photographs provided from both the commencement and end of the tenancy are of the same premises. The landlord provided invoices for rubbish removal of $405.00 (skip hire) and carpet cleaning to remove stains of $264.50
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. The excess on the landlord’s insurance policy is $10,000.00 on each and every claim.
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: • Blinds (x7) were damaged beyond repair and had to be replaced. • The kitchen bench top was damaged. • Walls were damaged throughout the premises. • Doors and windows were damaged. • The gate latch was broken. • The kitchen tap was broken. • A toilet seat was broken. • The heat pump was damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The extent of the damage is such that the I find the damage to be intentional. The tenant has allowed the extensive damage to occur. The landlord provided photos showing the damage.
The landlord had provided invoices from Property Guys ($8,760.75), Five Star Maintenance ($2,999.30), Beyond Electrical ($398.72) and Hydro Dynamics Plumbing ($383.69) .The amounts ordered are proved.
The landlord has been wholly successful in this hearing. The tenant is ordered to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5392356 — Property damage

At a glance

Tenancy Tribunal case 5392356 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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