What was Tenancy Tribunal case 5414395 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 5414395?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,955.00 awarded to landlord; Property Damage: $18.00 awarded to landlord; Rent Owed: $7,455.00 awarded to landlord; Holes And Dents In Walls: $3,020.00 awarded to landlord; Light Switch: $281.75 awarded to landlord; Rubbish Removal: $2,330.00 awarded to landlord; Rubbish Removal: $37.10 awarded to landlord; Smoke Alarms: $21.40 awarded to landlord

What type of tenancy dispute was case 5414395?

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

Where can I read the official tribunal order for case 5414395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13701307-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5414395 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 5414395?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,955.00 awarded to landlord; Property Damage: $18.00 awarded to landlord; Rent Owed: $7,455.00 awarded to landlord; Holes And Dents In Walls: $3,020.00 awarded to landlord; Light Switch: $281.75 awarded to landlord; Rubbish Removal: $2,330.00 awarded to landlord; Rubbish Removal: $37.10 awarded to landlord; Smoke Alarms: $21.40 awarded to landlord

What type of tenancy dispute was case 5414395?

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

Where can I read the official tribunal order for case 5414395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13701307-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5414395 — Property damage

Claims and awards in Tenancy Tribunal application 5414395 — net $12,551.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 11 January 2026	$7,455.00	Rent owed to 11 January 2026
Replace smoke alarms	$21.40	Replace smoke alarms
Cleaning	$345.00	Cleaning
Lawns and garden work	$1,955.00	Lawns and garden work
Rubbish removal: and to remove all the items left by the tenant	$2,330.00	Rubbish removal: and to remove all the items left by the tenant
Rubbish removal: rubbish bags	$37.10	Rubbish removal: rubbish bags
Repairs: holes and dents in walls	$3,020.00	Repairs: holes and dents in walls
Repairs: light switch	$281.75	Repairs: light switch
Lock/key replacement: balcony door	$18.00	Lock/key replacement: balcony door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,551.25
Total payable by Tenant to Landlord	$12,551.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Emma Christine Elaine Lyons must pay [The landlord/s] $12,551.25 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend. She was sent all the information about the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and compensation for cleaning up and repairs. The questions I have to decide include: • Did the tenant abandon the tenancy? • Was the landlord required to store the tenant’s belongings? • How much rent is owed? • Did the tenant comply with her obligations at the end of the tenancy? • Is the tenant responsible for damage? • Should I order exemplary damages because the tenant removed a smoke alarm? • Can the landlord claim the costs of getting a new tenant?

Did the tenant abandon the tenancy?

The parties signed a fixed term tenancy agreement starting on 6 July 2025 and ending on 4 July 2026. In November the tenant was struggling to pay rent and she approached the landlord a number of times to say she simply could not afford to stay in the house. The parties did not reach an agreement and eventually the tenant gave notice and said she would leave on 10 January 2026. The landlord carried out a final inspection on 11 January and secured the house.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord. I find the tenant did not abandon the tenancy because she let the landlord know she was leaving. I find the landlord took possession on 11 January when they collected the keys and secured the house. Was the landlord required to store the tenant’s belongings?
The tenant left furniture, appliances, clothing, toys, and other household goods inside the house, in the carport, and around the section. The landlord provided me with photos. The landlord was unsure how to deal with these items and so applied for a disposal order from the Tribunal. They have only thrown away the perishable rubbish.
The landlord applied for the disposal of the items the tenant left at the premises at the end of the tenancy. I have read the emails and messages sent by the parties at the time and the written submissions made by both parties. I find the landlord and the tenant were unable to agree on a period for the tenant to collect the items. Sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986 (RTA) require a landlord to assess the value of the goods. If the value is below the cost of storing, transporting and selling the items then the landlord can dispose of the goods.
The landlord talked to Tenancy Services and thinks she was told not to dispose of the items until after the hearing. It seems unlikely to me that Tenancy Services would have given that advice. There is information on the website which explains the process when a tenant leaves items at the end of a tenancy. The application form where the landlord applied for the disposal order also referred the landlord to the website.
The landlord made an assessment of all the items for Tenancy Services in January and said they were of no value. They asked a charity shop to take the items and I have seen the email, dated 5 February, where the charity declined because nothing was likely to sell. The landlord had very good quotes for removing the items and I estimate the work would have taken one day.
It seems most likely to me the items left behind were of no value and it was not practicable for the landlord to the return the goods to the tenant. This means the landlord could have thrown everything out without storing the items and without an order from the Tribunal. I have made an order today.

How much is owed for rent?

The landlord has claimed rent to the end of the fixed term tenancy. This is because they have not been able to rent the house because of all the items left behind. However, the landlord could have cleaned up and started the process of looking for a new tenant back in January. While the tenant clearly breached the terms of her fixed term tenancy agreement, I find the landlord should have mitigated loss by looking for a new tenant straight away. The claim for rent to the end of the fixed term tenancy is dismissed.
The landlord provided rent records proving the amount owing at the end of the tenancy on 11 January 2026. This claim is allowed.

Did the tenant comply with her 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 her benefit. See section 40(1)(e)(ii)-(v) RTA.
The landlord’s photos show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts claimed are reasonable.
The tenant did not return one of the keys. The landlord has searched everywhere and cannot find it. This claim is proved and allowed.
The landlord has proved that a smoke alarm was missing at the end of the tenancy. The amount ordered is proved.
The landlord did not prove the claim for light bulbs, and this is dismissed.

Is the tenant responsible for the damage to the premises?

There are claims for the cost of repairs. The 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 she 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.
The landlord has proved there was damage to the walls and to a light switch during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Should I order exemplary damages because the tenant removed a smoke alarm?

The landlord claims the tenant removed a smoke alarm. A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms. See section 40(2)(ab), 40(3A)(b) and Schedule 1A RTA.
The landlord has proved the tenant removed a smoke alarm during the tenancy. The landlord sent a 14 day notice after an inspection in December 2025 and this was not remedied when the tenant moved out. In her written submission the tenant said she took the alarm down because the batteries kept beeping. She said the other four alarms in the house were never touched. I find this to be a reasonable explanation in this tenancy because the landlord had not checked the expiry date on that alarm at the start of the tenancy. This claim is dismissed.

Can the landlord claim the costs of getting a new tenant?

The landlord has claimed an estimated amount for advertising and credit checks etc. Section 44A RTA allows the landlord to claim the reasonable costs of finding a new tenant in a situation like this, where the tenant has moved out part way through a fixed term and the landlord has taken possession. However, the RTA requires the landlord to spend the money first and then send an invoice to the tenant for payment of the reasonable costs. The claim for anticipated costs is dismissed. Other orders
I have organised for the bond to be refunded to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
There is an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlord’s name will be supressed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants breach the RTA.

Claims and awards in Tenancy Tribunal application 5414395 — net $12,551.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 11 January 2026	$7,455.00	Rent owed to 11 January 2026
Replace smoke alarms	$21.40	Replace smoke alarms
Cleaning	$345.00	Cleaning
Lawns and garden work	$1,955.00	Lawns and garden work
Rubbish removal: and to remove all the items left by the tenant	$2,330.00	Rubbish removal: and to remove all the items left by the tenant
Rubbish removal: rubbish bags	$37.10	Rubbish removal: rubbish bags
Repairs: holes and dents in walls	$3,020.00	Repairs: holes and dents in walls
Repairs: light switch	$281.75	Repairs: light switch
Lock/key replacement: balcony door	$18.00	Lock/key replacement: balcony door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,551.25
Total payable by Tenant to Landlord	$12,551.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Emma Christine Elaine Lyons must pay [The landlord/s] $12,551.25 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend. She was sent all the information about the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and compensation for cleaning up and repairs. The questions I have to decide include: • Did the tenant abandon the tenancy? • Was the landlord required to store the tenant’s belongings? • How much rent is owed? • Did the tenant comply with her obligations at the end of the tenancy? • Is the tenant responsible for damage? • Should I order exemplary damages because the tenant removed a smoke alarm? • Can the landlord claim the costs of getting a new tenant?

Did the tenant abandon the tenancy?

The parties signed a fixed term tenancy agreement starting on 6 July 2025 and ending on 4 July 2026. In November the tenant was struggling to pay rent and she approached the landlord a number of times to say she simply could not afford to stay in the house. The parties did not reach an agreement and eventually the tenant gave notice and said she would leave on 10 January 2026. The landlord carried out a final inspection on 11 January and secured the house.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord. I find the tenant did not abandon the tenancy because she let the landlord know she was leaving. I find the landlord took possession on 11 January when they collected the keys and secured the house. Was the landlord required to store the tenant’s belongings?
The tenant left furniture, appliances, clothing, toys, and other household goods inside the house, in the carport, and around the section. The landlord provided me with photos. The landlord was unsure how to deal with these items and so applied for a disposal order from the Tribunal. They have only thrown away the perishable rubbish.
The landlord applied for the disposal of the items the tenant left at the premises at the end of the tenancy. I have read the emails and messages sent by the parties at the time and the written submissions made by both parties. I find the landlord and the tenant were unable to agree on a period for the tenant to collect the items. Sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986 (RTA) require a landlord to assess the value of the goods. If the value is below the cost of storing, transporting and selling the items then the landlord can dispose of the goods.
The landlord talked to Tenancy Services and thinks she was told not to dispose of the items until after the hearing. It seems unlikely to me that Tenancy Services would have given that advice. There is information on the website which explains the process when a tenant leaves items at the end of a tenancy. The application form where the landlord applied for the disposal order also referred the landlord to the website.
The landlord made an assessment of all the items for Tenancy Services in January and said they were of no value. They asked a charity shop to take the items and I have seen the email, dated 5 February, where the charity declined because nothing was likely to sell. The landlord had very good quotes for removing the items and I estimate the work would have taken one day.
It seems most likely to me the items left behind were of no value and it was not practicable for the landlord to the return the goods to the tenant. This means the landlord could have thrown everything out without storing the items and without an order from the Tribunal. I have made an order today.

How much is owed for rent?

The landlord has claimed rent to the end of the fixed term tenancy. This is because they have not been able to rent the house because of all the items left behind. However, the landlord could have cleaned up and started the process of looking for a new tenant back in January. While the tenant clearly breached the terms of her fixed term tenancy agreement, I find the landlord should have mitigated loss by looking for a new tenant straight away. The claim for rent to the end of the fixed term tenancy is dismissed.
The landlord provided rent records proving the amount owing at the end of the tenancy on 11 January 2026. This claim is allowed.

Did the tenant comply with her 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 her benefit. See section 40(1)(e)(ii)-(v) RTA.
The landlord’s photos show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts claimed are reasonable.
The tenant did not return one of the keys. The landlord has searched everywhere and cannot find it. This claim is proved and allowed.
The landlord has proved that a smoke alarm was missing at the end of the tenancy. The amount ordered is proved.
The landlord did not prove the claim for light bulbs, and this is dismissed.

Is the tenant responsible for the damage to the premises?

There are claims for the cost of repairs. The 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 she 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.
The landlord has proved there was damage to the walls and to a light switch during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Should I order exemplary damages because the tenant removed a smoke alarm?

The landlord claims the tenant removed a smoke alarm. A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms. See section 40(2)(ab), 40(3A)(b) and Schedule 1A RTA.
The landlord has proved the tenant removed a smoke alarm during the tenancy. The landlord sent a 14 day notice after an inspection in December 2025 and this was not remedied when the tenant moved out. In her written submission the tenant said she took the alarm down because the batteries kept beeping. She said the other four alarms in the house were never touched. I find this to be a reasonable explanation in this tenancy because the landlord had not checked the expiry date on that alarm at the start of the tenancy. This claim is dismissed.

Can the landlord claim the costs of getting a new tenant?

The landlord has claimed an estimated amount for advertising and credit checks etc. Section 44A RTA allows the landlord to claim the reasonable costs of finding a new tenant in a situation like this, where the tenant has moved out part way through a fixed term and the landlord has taken possession. However, the RTA requires the landlord to spend the money first and then send an invoice to the tenant for payment of the reasonable costs. The claim for anticipated costs is dismissed. Other orders
I have organised for the bond to be refunded to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
There is an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlord’s name will be supressed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants breach the RTA.

Tenancy Tribunal case 5414395 — Property damage

At a glance

Tenancy Tribunal case 5414395 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant abandon the tenancy?

How much is owed for rent?

Did the tenant comply with her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should I order exemplary damages because the tenant removed a smoke alarm?

Can the landlord claim the costs of getting a new tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant abandon the tenancy?

How much is owed for rent?

Did the tenant comply with her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should I order exemplary damages because the tenant removed a smoke alarm?

Can the landlord claim the costs of getting a new tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions