What was Tenancy Tribunal case 5392596 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 5392596?

Filing Fee: $28.00 awarded to landlord; Property Damage: $670.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent Arrears: $4,613.57 awarded to landlord; Water Rates: $158.93 awarded to landlord

What type of tenancy dispute was case 5392596?

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

Where can I read the official tribunal order for case 5392596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13392785-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5392596 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 5392596?

Filing Fee: $28.00 awarded to landlord; Property Damage: $670.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent Arrears: $4,613.57 awarded to landlord; Water Rates: $158.93 awarded to landlord

What type of tenancy dispute was case 5392596?

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

Where can I read the official tribunal order for case 5392596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13392785-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5392596 — Rent arrears

Claims and awards in Tenancy Tribunal application 5392596 — net $2,790.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.10.2025	$4,613.57	Rent arrears to 28.10.2025
Water rates	$158.93	Water rates
Wall repairs	$670.00	Wall repairs
Carpet repairs	$460.00	Carpet repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,790.50
Total payable by Tenant to Landlord	$2,790.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Loretta Aii must pay [The landlord/s] $2,790.50 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,140.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.
This tenancy began on 29 November 2024 and was for a fixed term, due to end on 27 November 2025. The tenancy ended before the end of the fixed term.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

When did the tenancy end?

The parties do not agree on the end date for this tenancy, which, as noted earlier, was for a fixed term. Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 1 This means that a tenant cannot unilaterally break this obligation, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal. Consequently, a landlord is under no obligation to consent to an earlier release from the fixed term.
In this case, the landlord states the tenancy ended on 28 October 2025. Email correspondence and oral evidence has been provided in support. The landlord has explained that the tenant gave notice on 22 September 2025 that she wished to vacate after three weeks. The landlord informed the tenant that it would need to obtain the owner’s approval. There were delays, but once this was obtained, the tenant was advised, on 7 October 2025, that an early release had been approved, and requested 21 days’ notice from this date.
While the tenant considered the notice period started from 22 September 2025, when she gave written notice to the landlord, as this is a fixed term tenancy, the landlord’s consent is required before a tenant can end the tenancy early. Consent was given on 7 October 2025, subject to a three week notice period, which means this tenancy ended on 28 October 2025.

How much is owed for rent?

The landlord provided rent records and oral evidence to establish the rent due to the end of the tenancy on 28 October 2025. This is awarded above. 1 Residential Tenancy Law in New Zealand S. Benson, at 3.3 Water charges
Under the Residential Tenancies Act 1986 (the RTA) a tenant is responsible for all outgoings exclusively attributable to the tenant’s occupation of the premises, including electricity, gas, telephone, and internet. 2 A tenant is also liable for water charges where a water supplier charges for water on the basis of consumption. 3 However, a tenant is not liable to pay fixed water charges as they are payable regardless of the tenant’s occupation.
The landlord produced water rates invoices, and claims for the consumption charges only. As the amount owing for water charges at the end of the tenancy has been established, this is awarded above. Compensation for damage General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the 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) of the RTA.
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) of the 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) of the 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 2 Section 39(4)(a) and (b) 3 Section 39(4)(c) person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to carpet and walls, and provided photographic evidence, and invoices. The photographs were taken before the tenancy began and at the end of the tenancy. The landlord also provided oral evidence at the hearing.
The landlord’s evidence establishes that the walls were damaged in multiple areas. The landlord explained at the hearing that the lounge walls had holes, scrapes, and dents, as shown in the photographs. There was also damage to walls in the stairwell and hallway. The landlord states the house is four years old. The repair cost was $670.00.
There was damage to carpet in bedroom 1 and 2. The carpet in bedroom 1 had been cut out, with the piece removed, and had to be patched up. There was also a dark ink stain on the carpet in bedroom 2, and chewing gum stuck to the hallway carpet. The landlord seeks the carpet repair cost of $460.00.
I am satisfied from the evidence that the damage to the walls and carpet was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. When determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Claims and awards in Tenancy Tribunal application 5392596 — net $2,790.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.10.2025	$4,613.57	Rent arrears to 28.10.2025
Water rates	$158.93	Water rates
Wall repairs	$670.00	Wall repairs
Carpet repairs	$460.00	Carpet repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,790.50
Total payable by Tenant to Landlord	$2,790.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Loretta Aii must pay [The landlord/s] $2,790.50 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,140.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.
This tenancy began on 29 November 2024 and was for a fixed term, due to end on 27 November 2025. The tenancy ended before the end of the fixed term.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

When did the tenancy end?

The parties do not agree on the end date for this tenancy, which, as noted earlier, was for a fixed term. Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 1 This means that a tenant cannot unilaterally break this obligation, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal. Consequently, a landlord is under no obligation to consent to an earlier release from the fixed term.
In this case, the landlord states the tenancy ended on 28 October 2025. Email correspondence and oral evidence has been provided in support. The landlord has explained that the tenant gave notice on 22 September 2025 that she wished to vacate after three weeks. The landlord informed the tenant that it would need to obtain the owner’s approval. There were delays, but once this was obtained, the tenant was advised, on 7 October 2025, that an early release had been approved, and requested 21 days’ notice from this date.
While the tenant considered the notice period started from 22 September 2025, when she gave written notice to the landlord, as this is a fixed term tenancy, the landlord’s consent is required before a tenant can end the tenancy early. Consent was given on 7 October 2025, subject to a three week notice period, which means this tenancy ended on 28 October 2025.

How much is owed for rent?

The landlord provided rent records and oral evidence to establish the rent due to the end of the tenancy on 28 October 2025. This is awarded above. 1 Residential Tenancy Law in New Zealand S. Benson, at 3.3 Water charges
Under the Residential Tenancies Act 1986 (the RTA) a tenant is responsible for all outgoings exclusively attributable to the tenant’s occupation of the premises, including electricity, gas, telephone, and internet. 2 A tenant is also liable for water charges where a water supplier charges for water on the basis of consumption. 3 However, a tenant is not liable to pay fixed water charges as they are payable regardless of the tenant’s occupation.
The landlord produced water rates invoices, and claims for the consumption charges only. As the amount owing for water charges at the end of the tenancy has been established, this is awarded above. Compensation for damage General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the 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) of the RTA.
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) of the 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) of the 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 2 Section 39(4)(a) and (b) 3 Section 39(4)(c) person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to carpet and walls, and provided photographic evidence, and invoices. The photographs were taken before the tenancy began and at the end of the tenancy. The landlord also provided oral evidence at the hearing.
The landlord’s evidence establishes that the walls were damaged in multiple areas. The landlord explained at the hearing that the lounge walls had holes, scrapes, and dents, as shown in the photographs. There was also damage to walls in the stairwell and hallway. The landlord states the house is four years old. The repair cost was $670.00.
There was damage to carpet in bedroom 1 and 2. The carpet in bedroom 1 had been cut out, with the piece removed, and had to be patched up. There was also a dark ink stain on the carpet in bedroom 2, and chewing gum stuck to the hallway carpet. The landlord seeks the carpet repair cost of $460.00.
I am satisfied from the evidence that the damage to the walls and carpet was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. When determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Tenancy Tribunal case 5392596 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5392596 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

When did the tenancy end?

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

When did the tenancy end?

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions