What was Tenancy Tribunal case 5416005 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 5416005?

Filing Fee: $28.00 awarded to landlord; Property Damage: $13,972.50 awarded to landlord; Rent Arrears: $2,357.14 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord

What type of tenancy dispute was case 5416005?

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

Where can I read the official tribunal order for case 5416005?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13843580-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5416005 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 5416005?

Filing Fee: $28.00 awarded to landlord; Property Damage: $13,972.50 awarded to landlord; Rent Arrears: $2,357.14 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord

What type of tenancy dispute was case 5416005?

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

Where can I read the official tribunal order for case 5416005?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13843580-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5416005 — Property damage

Claims and awards in Tenancy Tribunal application 5416005 — net $15,427.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$2,357.14	Rent arrears to 29 December 2025
Rubbish removal	$2,070.00	Rubbish removal
Repairing extensive damage	$13,972.50	Repairing extensive damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$15,427.64
Total payable by Tenant to Landlord	$15,427.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $15,427.64 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, which was held by video conference.
There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
This tenancy began on 9 July 2023. The current landlord took over management of this tenancy on 7 October 2024.
On 17 December 2025 the landlord applied for termination of the tenancy for abandonment, rent arrears, compensation for damage and refund of the bond.
A hearing was held on 16 February 2026 and the tenancy was terminated. The balance of the landlord’s claims were adjourned to allow the landlord time to file further evidence.

How much rent is owed?

At the hearing on 16 February 2026 the Tribunal found that the landlord became aware that the property was abandoned on 8 December 2026.
The landlord is entitled to rent up to 21 days after the date that they became aware that the tenancy had been abandoned. See section 61(3)(a)(i) Residential Tenancies Act 1986.
The landlord produced a rent summary showing rent owing in the amount of $2,357.14 to 29 December 2026.
The landlord’s claim for rent arrears is proved. Did the tenant comply with their obligations at the end of the tenancy and are they responsible for damage to the premises?
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.
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 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 discovered that the property had been abandoned after they were contacted by the Police who had executed a search warrant at the property only days before. The landlord attended at the property to discover the remains of a large cannabis growing operation.
The landlord produced a copy of the search warrant and photos of the state of the property. The property is in a state of disarray. Large holes have been cut in the ceiling, walls and floor to accommodate a ventilation system. There is significant fire and water damage. There is also an extensive amount of rubbish left behind including mattresses and other furniture, huge polythene tarpaulins set up to cover the windows and floors, pots, bamboo stakes, air-conditioning ducting, a heat lamp, plastic containers and stools and various miscellaneous items.
The landlord produced an invoice for rubbish removal in the amount of $2,070.00 for rubbish removal (9 cubic metres over 2 bins). I consider this amount to be reasonable given the amount of rubbish that had to removed.
The claim for rubbish removal is proved.
The landlord also claimed for repairing the damage to the property and produced an invoice for repairs in the amount of $13,972.50.
The landlord produced a routine inspection report dated 14 October 2025 showing the property to be in good condition. The outgoing inspection report shows extensive damage as described above.
The damage is obviously intentional. The landlord has been unable to claim against their insurance policy. The amount claimed by the landlord is reasonable and I award the amount claimed. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord also sought an order for name suppression, and is entitled to an order as the successful party (see section 95A RTA).

Claims and awards in Tenancy Tribunal application 5416005 — net $15,427.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$2,357.14	Rent arrears to 29 December 2025
Rubbish removal	$2,070.00	Rubbish removal
Repairing extensive damage	$13,972.50	Repairing extensive damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$15,427.64
Total payable by Tenant to Landlord	$15,427.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $15,427.64 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, which was held by video conference.
There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
This tenancy began on 9 July 2023. The current landlord took over management of this tenancy on 7 October 2024.
On 17 December 2025 the landlord applied for termination of the tenancy for abandonment, rent arrears, compensation for damage and refund of the bond.
A hearing was held on 16 February 2026 and the tenancy was terminated. The balance of the landlord’s claims were adjourned to allow the landlord time to file further evidence.

How much rent is owed?

At the hearing on 16 February 2026 the Tribunal found that the landlord became aware that the property was abandoned on 8 December 2026.
The landlord is entitled to rent up to 21 days after the date that they became aware that the tenancy had been abandoned. See section 61(3)(a)(i) Residential Tenancies Act 1986.
The landlord produced a rent summary showing rent owing in the amount of $2,357.14 to 29 December 2026.
The landlord’s claim for rent arrears is proved. Did the tenant comply with their obligations at the end of the tenancy and are they responsible for damage to the premises?
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.
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 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 discovered that the property had been abandoned after they were contacted by the Police who had executed a search warrant at the property only days before. The landlord attended at the property to discover the remains of a large cannabis growing operation.
The landlord produced a copy of the search warrant and photos of the state of the property. The property is in a state of disarray. Large holes have been cut in the ceiling, walls and floor to accommodate a ventilation system. There is significant fire and water damage. There is also an extensive amount of rubbish left behind including mattresses and other furniture, huge polythene tarpaulins set up to cover the windows and floors, pots, bamboo stakes, air-conditioning ducting, a heat lamp, plastic containers and stools and various miscellaneous items.
The landlord produced an invoice for rubbish removal in the amount of $2,070.00 for rubbish removal (9 cubic metres over 2 bins). I consider this amount to be reasonable given the amount of rubbish that had to removed.
The claim for rubbish removal is proved.
The landlord also claimed for repairing the damage to the property and produced an invoice for repairs in the amount of $13,972.50.
The landlord produced a routine inspection report dated 14 October 2025 showing the property to be in good condition. The outgoing inspection report shows extensive damage as described above.
The damage is obviously intentional. The landlord has been unable to claim against their insurance policy. The amount claimed by the landlord is reasonable and I award the amount claimed. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord also sought an order for name suppression, and is entitled to an order as the successful party (see section 95A RTA).

Tenancy Tribunal case 5416005 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5416005 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent is owed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much rent is owed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions