What was Tenancy Tribunal case 5419612 about?

The tribunal order states: The Tribunal grants suppression of the Landlords name and identifying details.

How much money was awarded in case 5419612?

Cleaning: $207.00 awarded to landlord; Cleaning: $1,529.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $736.00 awarded to landlord; Rent Arrears: $12,900.00 awarded to landlord; lounge, bedroom & hallway wall holes…: $839.50 awarded to landlord; Metre Box: $100.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $764.67 awarded to landlord

What type of tenancy dispute was case 5419612?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage, Exemplary damages.

Where can I read the official tribunal order for case 5419612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13244796-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5419612 about?

The tribunal order states: The Tribunal grants suppression of the Landlords name and identifying details.

How much money was awarded in case 5419612?

Cleaning: $207.00 awarded to landlord; Cleaning: $1,529.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $736.00 awarded to landlord; Rent Arrears: $12,900.00 awarded to landlord; lounge, bedroom & hallway wall holes…: $839.50 awarded to landlord; Metre Box: $100.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $764.67 awarded to landlord

What type of tenancy dispute was case 5419612?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage, Exemplary damages.

Where can I read the official tribunal order for case 5419612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13244796-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5419612 — Rent arrears

Claims and awards in Tenancy Tribunal application 5419612 — net $16,184.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2026	$12,900.00	6. The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates arrears, exemplary damages, compensation, reimbursement o…
Water rates	$764.67	Water rates
Carpet Cleaning	$207.00	Carpet Cleaning
Lock/key replacement: and repair back door	$736.00	Lock/key replacement: and repair back door
Repairs: Metre box	$100.00	Repairs: Metre box
Repairs: lounge, bedroom & hallway wall holes, bedroom 2 wardrobe and lounge door	$839.50	Repairs: lounge, bedroom & hallway wall holes, bedroom 2 wardrobe and lounge door
Cleaning	$1,529.50	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Exemplary damages- Section 61(5) RTA	$500.00	Section 61(5) RTA
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$16,184.67
Total payable by Tenant to Landlord	$16,184.67

Order

The Tribunal grants suppression of the Landlords name and identifying details.
The tenancy of Alice Moevale at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 22 December 2025.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Alice Moevale must pay [The landlord/s] $16,184.67 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing. The Tenant did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates arrears, exemplary damages, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 22 December 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Landlord attended the property that day to discuss the rent arrears. She noted most of the furniture and contents had been removed and the Tenant was not home. When the Landlord attempted to contact the Tenant that day and after that visit, the Tenant did not respond. The last communication with the Tenant before that visit was on or about 13 December 2025 where the Tenant advised she was in rent arrears as her employer had not paid her. She stated payment was due the following week.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe for rent and water?

The landlord provided rent records and water rates records which prove the amount owing at the end of the tenancy. The amount ordered includes three weeks rent in lieu of notice.

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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The whole house required cleaning and photographs were provided of the dirty areas, along with an invoice. The cleaner charged for deep cleaning however this cost has not been awarded because the Tenant is required to leave the property reasonably clean and tidy, not provide deep cleaning. The Landlord claimed for carpet cleaning because there was a putrid smell from the carpet due to rubbish being left on the floor and spills from liquids. Photographs were provided of the stains and an invoice for the carpet cleaning. The Landlord also provided photographs of the rubbish outside of the house, in the shed which included broken furniture and rubbish bags. An invoice was provided to substantiate the rubbish removal costs.
The tenant did not return the keys, so the front and back door required lock changes. An invoice was provided to prove the costs.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Metre box, door and wall repairs in the hallway, lounge and bedrooms. A mid inspection report was provided which indicated these damages were not present and an invoice to substantiate the repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant abandoned the property without advising the Landlord. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The Landlord submitted the abandonment caused a lot of financial issues. They had to pay the mortgage and take time to repair the damage to the property. It was also difficult to find Tenants during the Christmas period. I find it appropriate in these circumstances to award the Landlord $500.00.
As [The applicant/s] has substantially succeeded with the claim the Tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 5419612 — net $16,184.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2026	$12,900.00	6. The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates arrears, exemplary damages, compensation, reimbursement o…
Water rates	$764.67	Water rates
Carpet Cleaning	$207.00	Carpet Cleaning
Lock/key replacement: and repair back door	$736.00	Lock/key replacement: and repair back door
Repairs: Metre box	$100.00	Repairs: Metre box
Repairs: lounge, bedroom & hallway wall holes, bedroom 2 wardrobe and lounge door	$839.50	Repairs: lounge, bedroom & hallway wall holes, bedroom 2 wardrobe and lounge door
Cleaning	$1,529.50	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Exemplary damages- Section 61(5) RTA	$500.00	Section 61(5) RTA
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$16,184.67
Total payable by Tenant to Landlord	$16,184.67

Order

The Tribunal grants suppression of the Landlords name and identifying details.
The tenancy of Alice Moevale at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 22 December 2025.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Alice Moevale must pay [The landlord/s] $16,184.67 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing. The Tenant did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates arrears, exemplary damages, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 22 December 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Landlord attended the property that day to discuss the rent arrears. She noted most of the furniture and contents had been removed and the Tenant was not home. When the Landlord attempted to contact the Tenant that day and after that visit, the Tenant did not respond. The last communication with the Tenant before that visit was on or about 13 December 2025 where the Tenant advised she was in rent arrears as her employer had not paid her. She stated payment was due the following week.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe for rent and water?

The landlord provided rent records and water rates records which prove the amount owing at the end of the tenancy. The amount ordered includes three weeks rent in lieu of notice.

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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The whole house required cleaning and photographs were provided of the dirty areas, along with an invoice. The cleaner charged for deep cleaning however this cost has not been awarded because the Tenant is required to leave the property reasonably clean and tidy, not provide deep cleaning. The Landlord claimed for carpet cleaning because there was a putrid smell from the carpet due to rubbish being left on the floor and spills from liquids. Photographs were provided of the stains and an invoice for the carpet cleaning. The Landlord also provided photographs of the rubbish outside of the house, in the shed which included broken furniture and rubbish bags. An invoice was provided to substantiate the rubbish removal costs.
The tenant did not return the keys, so the front and back door required lock changes. An invoice was provided to prove the costs.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Metre box, door and wall repairs in the hallway, lounge and bedrooms. A mid inspection report was provided which indicated these damages were not present and an invoice to substantiate the repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant abandoned the property without advising the Landlord. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The Landlord submitted the abandonment caused a lot of financial issues. They had to pay the mortgage and take time to repair the damage to the property. It was also difficult to find Tenants during the Christmas period. I find it appropriate in these circumstances to award the Landlord $500.00.
As [The applicant/s] has substantially succeeded with the claim the Tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 5419612 — Rent arrears

At a glance

Tenancy Tribunal case 5419612 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe for rent and water?

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

Should the tenancy be terminated?

How much does the tenant owe for rent and water?

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