How much money was awarded in case 5417848?

Cleaning: $1,700.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5390003 D…: $4,525.14 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Rubbish Removal: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5417848?

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

Where can I read the official tribunal order for case 5417848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13439872-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5417848?

Cleaning: $1,700.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5390003 D…: $4,525.14 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Rubbish Removal: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5417848?

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

Where can I read the official tribunal order for case 5417848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13439872-Tribunal_Order_Redacted.pdf.

386 Main North Road, Bay View, Napier 4104 Tenancy Tribunal Case 5417848 — Property damage

Q: What was Tenancy Tribunal case 5417848 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5417848 — net $13,503.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5390003 dated 10/12/2025	$4,525.14	Previous order application 5390003 dated 10/12/2025
Cleaning	$1,700.00	Cleaning
Rubbish removal	$1,250.00	Rubbish removal
Repairs: 6 insurance excesses	$6,000.00	Repairs: 6 insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,503.14
Total payable by Tenant to Landlord	$13,503.14

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

Lahana Tareha must pay [The landlord/s] $13,503.14 immediately, calculated as shown in the table below.

[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. DescriptionLandlord Previous order application 5390003 dated 10/12/2025 $4,525.14 Cleaning$1,700.00 Rubbish removal$1,250.00 Repairs: 6 insurance excesses$6,000.00 Filing fee reimbursement$28.00 Total award$13,503.14 Total payable by Tenant to Landlord$13,503.14

Reasons

The landlord attended the video hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the tenant took what she wanted and left behind a substantial amount of rubbish and other items without making any attempt to clean.

The amounts ordered are proved and are consistent with amounts which the Tribunal sees for such work on a regular basis.

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 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 provided photographic evidence and evidence from the landlord’s insurer that the following damage was caused during the tenancy: a. The ranch slider was broken by the intentional application of force. b. There were two burn marks in the vinyl in front of the fire in the lounge. This damage was careless. c. There were holes in the doors of the cupboards in the hallway and the handles were damaged beyond repair. This damage was caused by the infliction of force and was intentional. d. In bedroom 3 the flooring was damaged beyond repair by extensive tears and scratch marks. There were two impact holes in the wall. This was intentional damage. e. The rear wooden gate suffered impact damage and required replacement. This was intentional damage.

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

The landlord has claimed the insurance excess in relation to each of these items of damage and the amounts ordered are proved. As the sums awarded are much less than the actual costs of repair and the property had been renovated just prior to the start of the tenancy, it is not necessary to deduct any amount for betterment or depreciation.

The landlord also claimed for the repair of a chipped window and damage to the laundry tub, floor and wall. There was no photographic evidence of the damage to the window or of the cost of repair. The insurance information states that the water damage in the laundry was caused “from leaking drain pipe”. The Tribunal is not satisfied on the evidence before it that this persuades it on the balance of probabilities that the damage was caused by actions or inactions of the tenant. These claims are dismissed. Disposal of tenant’s goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has been unable to contact the tenant to come and remove her goods.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5417848 — net $13,503.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5390003 dated 10/12/2025	$4,525.14	Previous order application 5390003 dated 10/12/2025
Cleaning	$1,700.00	Cleaning
Rubbish removal	$1,250.00	Rubbish removal
Repairs: 6 insurance excesses	$6,000.00	Repairs: 6 insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,503.14
Total payable by Tenant to Landlord	$13,503.14

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

Lahana Tareha must pay [The landlord/s] $13,503.14 immediately, calculated as shown in the table below.

[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.

Reasons

The landlord attended the video hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The amounts ordered are proved and are consistent with amounts which the Tribunal sees for such work on a regular basis.

Is the tenant responsible for the damage to the premises?

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

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has been unable to contact the tenant to come and remove her goods.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5417848 — Property damage at 386 Main North Road, Bay View, Napier 4104

At a glance

Tenancy Tribunal case 5417848 — Property damage at 386 Main North Road, Bay View, Napier 4104

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

Frequently asked questions

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

Frequently asked questions