How much money was awarded in case 5409848?

Cleaning: $104.26 awarded to landlord; Cleaning: $71.94 awarded to landlord; Cleaning: $41.06 awarded to landlord; Install Curtains: $41.06 awarded to landlord; Property Damage: $1,798.39 awarded to landlord; Paint Walls- Lounge: $164.10 awarded to landlord

What type of tenancy dispute was case 5409848?

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

Where can I read the official tribunal order for case 5409848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13404542-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5409848?

Cleaning: $104.26 awarded to landlord; Cleaning: $71.94 awarded to landlord; Cleaning: $41.06 awarded to landlord; Install Curtains: $41.06 awarded to landlord; Property Damage: $1,798.39 awarded to landlord; Paint Walls- Lounge: $164.10 awarded to landlord

What type of tenancy dispute was case 5409848?

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

Where can I read the official tribunal order for case 5409848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13404542-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5409848 — Property damage

Q: What was Tenancy Tribunal case 5409848 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5409848 — net $2,220.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Historical damage costs owing prior to the end of the tenancy	$1,798.39	Historical damage costs owing prior to the end of the tenancy
Repairs: Paint walls- lounge	$164.10	Repairs: Paint walls- lounge
Install curtains	$41.06	Install curtains
Cleaning: kitchen cupboards	$104.26	Cleaning: kitchen cupboards
Cleaning: range hood	$71.94	Cleaning: range hood
Cleaning: range hood filters	$41.06	Cleaning: range hood filters
Net award	$2,220.81
Total payable by Tenant to Landlord	$2,220.81

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.

[The tenant] owes Kāinga Ora–Homes And Communities $2,220.81 (“the debt”), calculated as set out in the table below:

[The tenant] must pay the debt as follows: a. By 111 weekly payments of $20.00; and b. A final payment of $0.81. c. Payments will be every Thursday, with the first payment on 09/04/2026 and continuing until 25/05/2028.

If the tenant fails to make the debt repayments within 2 working days of the due dates the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation following the end of the tenancy.

The tenancy ended on 6 October 2025, after the tenant gave notice to end her tenancy for personal safety reasons.

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 left the rangehood and kitchen cupboards needing additional cleaning.

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 landlord has provided photographic evidence that proves the following damage was caused during the tenancy because of the careless acts or omissions of the tenant or persons in the premise with her consent: a. Damage to the lounge walls (on the side with the heater) that required repainting.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant also owed the landlord $1,798.39 for historical damage the tenant accepted liability for but had not fully repaid. I note that the tenant has been making regular repayments towards the debt and has reduced the historic amount owing, being $2,091.11, by $292.72, leaving a balance of $1,798.39.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Name suppression

The Tribunal applies its discretion to grant non-publication of the tenant’s name and identifying details because the tenant has accepted liability for minor issues brought to her by the landlord, has committed to a repayment of debt plan that she has stuck to since August 2025, despite her limited income and financial circumstances, and agreed a repayment plan that the landlord only brought to the Tribunal to formalise. .

I do not consider publication of the tenant’s name and identifying details is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case and publication when doing so could create an unjust impediment to her obtaining future rental accommodation.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5409848 — net $2,220.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Historical damage costs owing prior to the end of the tenancy	$1,798.39	Historical damage costs owing prior to the end of the tenancy
Repairs: Paint walls- lounge	$164.10	Repairs: Paint walls- lounge
Install curtains	$41.06	Install curtains
Cleaning: kitchen cupboards	$104.26	Cleaning: kitchen cupboards
Cleaning: range hood	$71.94	Cleaning: range hood
Cleaning: range hood filters	$41.06	Cleaning: range hood filters
Net award	$2,220.81
Total payable by Tenant to Landlord	$2,220.81

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant] owes Kāinga Ora–Homes And Communities $2,220.81 (“the debt”), calculated as set out in the table below:

[The tenant] must pay the debt as follows: a. By 111 weekly payments of $20.00; and b. A final payment of $0.81. c. Payments will be every Thursday, with the first payment on 09/04/2026 and continuing until 25/05/2028.
If the tenant fails to make the debt repayments within 2 working days of the due dates the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation following the end of the tenancy.
The tenancy ended on 6 October 2025, after the tenant gave notice to end her tenancy for personal safety reasons.

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 left the rangehood and kitchen cupboards needing additional cleaning.
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 landlord has provided photographic evidence that proves the following damage was caused during the tenancy because of the careless acts or omissions of the tenant or persons in the premise with her consent: a. Damage to the lounge walls (on the side with the heater) that required repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant also owed the landlord $1,798.39 for historical damage the tenant accepted liability for but had not fully repaid. I note that the tenant has been making regular repayments towards the debt and has reduced the historic amount owing, being $2,091.11, by $292.72, leaving a balance of $1,798.39.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Name suppression
The Tribunal applies its discretion to grant non-publication of the tenant’s name and identifying details because the tenant has accepted liability for minor issues brought to her by the landlord, has committed to a repayment of debt plan that she has stuck to since August 2025, despite her limited income and financial circumstances, and agreed a repayment plan that the landlord only brought to the Tribunal to formalise. .
I do not consider publication of the tenant’s name and identifying details is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case and publication when doing so could create an unjust impediment to her obtaining future rental accommodation.
Non-publication is ordered.

Tenancy Tribunal case 5409848 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5409848 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions