What was Tenancy Tribunal case 5399010 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 5399010?

Cleaning: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $1.45 awarded to landlord; Rent Arrears: $170.00 awarded to landlord; Doors And Lounge Wall Paint: $483.00 awarded to landlord; Replace Furnishings: Oven Tray: $137.72 awarded to landlord; Replace Furnishings: Stained Carpet: $632.50 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Water Rates: $5.43 awarded to landlord

What type of tenancy dispute was case 5399010?

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

Where can I read the official tribunal order for case 5399010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13396466-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5399010 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 5399010?

Cleaning: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $1.45 awarded to landlord; Rent Arrears: $170.00 awarded to landlord; Doors And Lounge Wall Paint: $483.00 awarded to landlord; Replace Furnishings: Oven Tray: $137.72 awarded to landlord; Replace Furnishings: Stained Carpet: $632.50 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Water Rates: $5.43 awarded to landlord

What type of tenancy dispute was case 5399010?

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

Where can I read the official tribunal order for case 5399010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13396466-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5399010 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5399010 — net $1,860.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$170.00	Rent arrears
Water rates	$5.43	3. This was a brand-new house when the Tenants commenced the tenancy.
Light bulbs/batteries	$1.45	Light bulbs/batteries
Cleaning	$172.50	Cleaning
Repairs: Doors and lounge wall paint	$483.00	Repairs: Doors and lounge wall paint
Replace furnishings: Stained carpet	$632.50	Replace furnishings: Stained carpet
Replace furnishings: Oven tray	$137.72	Replace furnishings: Oven tray
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,860.60
Total payable by Tenant to Landlord	$1,860.60

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

This was a brand-new house when the Tenants commenced the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 12 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cleaning that was required included the shower, living room wall, flooring and curtains. Photographs of the vacate inspection were provided and quotes for the cleaning and rubbish removal.

The oven baking tray was missing at the end of the tenancy. The Landlord provided a quote for the replacement costs.

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.

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: holes to bedroom 1 and 3 wardrobe doors, paint damage to the lounge wall, stained carpet from make- up. The carpet required replacing where the stains were unable to be removed. The Landlord provided photographs of the damage and the quotes to repair it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As the Landlord has been wholly successful, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5399010 — net $1,860.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$170.00	Rent arrears
Water rates	$5.43	3. This was a brand-new house when the Tenants commenced the tenancy.
Light bulbs/batteries	$1.45	Light bulbs/batteries
Cleaning	$172.50	Cleaning
Repairs: Doors and lounge wall paint	$483.00	Repairs: Doors and lounge wall paint
Replace furnishings: Stained carpet	$632.50	Replace furnishings: Stained carpet
Replace furnishings: Oven tray	$137.72	Replace furnishings: Oven tray
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,860.60
Total payable by Tenant to Landlord	$1,860.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Maryjane Te Arani McPherson must pay [The landlord/s] $1,860.60 immediately, being rent arrears to 12 November 2025.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
This was a brand-new house when the Tenants commenced the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 12 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cleaning that was required included the shower, living room wall, flooring and curtains. Photographs of the vacate inspection were provided and quotes for the cleaning and rubbish removal.
The oven baking tray was missing at the end of the tenancy. The Landlord provided a quote for the replacement costs.
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.
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: holes to bedroom 1 and 3 wardrobe doors, paint damage to the lounge wall, stained carpet from make- up. The carpet required replacing where the stains were unable to be removed. The Landlord provided photographs of the damage and the quotes to repair it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the Landlord has been wholly successful, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5399010 — Property damage

At a glance

Tenancy Tribunal case 5399010 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 rent and water rates arrears?

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