What was Tenancy Tribunal case 5419510 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 5419510?

Filing Fee: $28.00 awarded to landlord; Property Damage: $919.45 awarded to landlord; Rent Arrears: $2,957.14 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5419510?

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

Where can I read the official tribunal order for case 5419510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13613034-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5419510 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 5419510?

Filing Fee: $28.00 awarded to landlord; Property Damage: $919.45 awarded to landlord; Rent Arrears: $2,957.14 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5419510?

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

Where can I read the official tribunal order for case 5419510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13613034-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5419510 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5419510 — net $4,249.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2026	$2,957.14	Rent arrears to 9 February 2026
Cleaning and rubbish removal	$345.00	Cleaning and rubbish removal
Repairs (walls – holes, repainting	$919.45	Repairs (walls – holes, repainting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,249.59
Total payable by Tenant to Landlord	$4,249.59

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.

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

How much is owed for rent?

The tenancy ended on 9 February 2026.

The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

The bond has been released already an applied against the rent arrears to reduce the amount owing to that as ordered. Credit check

A claim for a tenant credit check of $15.53 was dismissed. This was a periodic tenancy. The cost of any new tenancy credit check is not one the tenant is liable for in this application.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided an invoice and a series of photos that evidence the need for some further cleaning and removal of minor rubbish.

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.

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:

The landlord provided an invoice and exit photos that evidence the damage and the cost to the kitchen ($171.20 ex GST), living room ($135.20 ex GST), Bedroom One ($324.64 ex GST) and Bedroom Two ($125.00 ex GST). The costs are accepted but the damage to the second bedroom from the children’s drawings does not match the line-item cost claimed and any repainting includes betterment. I have awarded $50.00 of the claimed cost as a fair and reasonable contribution by the tenant.

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

The amounts ordered are proved.

The claim for the third bedroom was withdrawn at the hearing.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5419510 — net $4,249.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2026	$2,957.14	Rent arrears to 9 February 2026
Cleaning and rubbish removal	$345.00	Cleaning and rubbish removal
Repairs (walls – holes, repainting	$919.45	Repairs (walls – holes, repainting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,249.59
Total payable by Tenant to Landlord	$4,249.59

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Philly Wimutu must pay [The landlord/s] $4,249.59 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 9 February 2026.
The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.
The bond has been released already an applied against the rent arrears to reduce the amount owing to that as ordered. Credit check
A claim for a tenant credit check of $15.53 was dismissed. This was a periodic tenancy. The cost of any new tenancy credit check is not one the tenant is liable for in this application.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided an invoice and a series of photos that evidence the need for some further cleaning and removal of minor rubbish.
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.
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:
The landlord provided an invoice and exit photos that evidence the damage and the cost to the kitchen ($171.20 ex GST), living room ($135.20 ex GST), Bedroom One ($324.64 ex GST) and Bedroom Two ($125.00 ex GST). The costs are accepted but the damage to the second bedroom from the children’s drawings does not match the line-item cost claimed and any repainting includes betterment. I have awarded $50.00 of the claimed cost as a fair and reasonable contribution by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The claim for the third bedroom was withdrawn at the hearing.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5419510 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5419510 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Claims & awards

Order

Reasons

How much is owed for rent?

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