What was Tenancy Tribunal case 5418813 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 5418813?

Gas Stove: $499.00 awarded to landlord; Rent Arrears: $3,839.29 awarded to landlord

What type of tenancy dispute was case 5418813?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5418813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13188406-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5418813 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 5418813?

Gas Stove: $499.00 awarded to landlord; Rent Arrears: $3,839.29 awarded to landlord

What type of tenancy dispute was case 5418813?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5418813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13188406-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5418813 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5418813 — net $1,038.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$3,839.29	Rent arrears to 29 October 2025
Gas Stove	$499.00	Gas Stove
Net award	$1,038.29
Total payable by Tenant to Landlord	$1,038.29

Both parties attended the hearing. The tenant was represented by his partner.

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

How much is owed for rent and water rates?

The tenancy ended on 29 October 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord says there was an agreement that she would cover power bills, and the tenant would pay for water, as both utilities were shared with other occupants living in the sleepout. The landlord is seeking $895.88 for water.

By virtue of section 39 of the Residential Tenancies Act 1986, tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities.

Therefore, the intention of the Act is clear that tenants are only liable for power and water they actually use.

Under section 11(1) of the Act, any agreement or arrangement that is inconsistent with any provisions of the Act is of no effect unless it falls within the narrowly defined exceptions which I am satisfied do not apply in this case. While the tenants initially agreed to the power and water arrangement, such an arrangement is inconsistent with section 39 of the Act and accordingly is of no effect (s.11(3) of the Act). Subsections (2) and (3) of section 11 of the Act presuppose that tenants are in an unequal bargaining position when negotiating with landlords. They allow landlords to contract out of the terms of the Act to their detriment but not tenants (Robinson v Auckland City Council, HC Auckland 70/95, 29 September 1995).

The tenant’s obligation to pay for outgoings based on usage presupposes their usage can be accurately measured (Nasmith v Powell [2017] NZTT 4080110). Where there is more than dwelling served by a single meter, there is no way to accurately measure individual use.

Accordingly, I dismiss the landlord’s claim for water invoices.

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 following damage was caused during the tenancy: broken stove top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I award $499.00 for the replacement stove.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Both parties have agreed to name suppression for each other.

Reasons

Claims and awards in Tenancy Tribunal application 5418813 — net $1,038.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$3,839.29	Rent arrears to 29 October 2025
Gas Stove	$499.00	Gas Stove
Net award	$1,038.29
Total payable by Tenant to Landlord	$1,038.29

Both parties attended the hearing. The tenant was represented by his partner.

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

How much is owed for rent and water rates?

The tenancy ended on 29 October 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Therefore, the intention of the Act is clear that tenants are only liable for power and water they actually use.

Accordingly, I dismiss the landlord’s claim for water invoices.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: broken stove top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I award $499.00 for the replacement stove.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Both parties have agreed to name suppression for each other.

Tenancy Tribunal case 5418813 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5418813 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions