What was Tenancy Tribunal case 5420971 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 5420971?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $225.00 awarded to landlord; Property Damage: $70,000.00 awarded to landlord

What type of tenancy dispute was case 5420971?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5420971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13522903-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5420971 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 5420971?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $225.00 awarded to landlord; Property Damage: $70,000.00 awarded to landlord

What type of tenancy dispute was case 5420971?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5420971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13522903-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5420971 — Property damage

Claims and awards in Tenancy Tribunal application 5420971 — net $67,613.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lawns and Garden work	$225.00	Lawns and Garden work
Repairs	$70,000.00	Repairs
Net award	$67,613.00
Total payable by Tenant to Landlord	$67,613.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name, identifying details and the tenancy address.
Hoa Tam Nguyen and Minh Chien Nguyen must pay [The landlord/s] $67,613.00 immediately, for repairs to the property, reimbursement of the filing fee and lawn mowing costs, as calculated and shown in table below: DescriptionLandlord Filing fee reimbursement$28.00 Lawns and Garden work$225.00 Repairs$70,000.00 Total award$70,253.00 Minus Bond-$2,640.00 Total payable by Tenant to Landlord$67,613.00
The Bond Centre is to pay the bond of $2,640.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlords claim for rent arrears is dismissed due to lack of supporting evidence.

Reasons

The landlords attended the hearing, the tenants did not attend. The tenants were sent a notice of hearing to their email addresses and received a text message on their mobile phones about the hearing.
The Tribunal has not received any communication from the tenants seeking an adjournment. I am proceeding with the hearing in the absence of the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
This was a fixed term tenancy that had commenced on 11 December 2022 and ended on 10 December 2025. The property was next door to the landlords. The landlords carried out 3 monthly inspections and the tenants appeared to be good tenants until September 2025.
The landlords had noticed in September 2025 that the police appeared to be keeping an eye on the property. In October 2025, the police and armed defenders squad raided the house. The tenants had been using the property as a cannabis growing operation since about September/October 2025.
One tenant was arrested and has been charged in relation to the cannabis growing operation.
The landlords viewed the property after the police raid and saw that it was seriously damaged. The tenants had modified the property into a commercial scale indoor cannabis site by using blackouts material to cover windows, removing bedroom and wardrobe doors, every room had holes cut into the roof or flooring to install tubing for air filtration and filters, the hot water cylinder was taken, the heat pump, bathroom lights and fans were disconnected, power was diverted. The garage and bedrooms contained bags of soil and fertilisers, black bags of rubbish and numerous pots and containers. The bathroom had been used to mix chemicals and had been damaged, such as the bath was badly chipped, the vanity dismantled, and toilet broken and in a filthy state. The kitchen stove was wrecked, the cabinetry was dismantled and beyond repair.
The landlord provided photos of the extent of the damage to the property and a detailed breakdown of the repairs needed to return the property to a habitable rental property. The estimate for the damages was $106,000.00.
The repairs have now been completed and the landlord has provided the actual cost of the work, the insurance partial pay out and photos of the property after the renovation. Rent arrears:
The landlord seeks rent arrears however has not provided rent records to prove the amount owing at the end of the tenancy. Therefore, I cannot award the rent arrears as the landlord has not proven their claim.
I am dismissing the landlords claim for rent arrears.

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 landlord provided a detailed invoice for the cost of all the repairs, cleaning, and rubbish removal in the property by Shreeji Builders Limited and supporting photos.
The tenants left the property in a filthy condition with rubbish, discarded possessions throughout the house. In addition to the rubbish from the cannabis growing operation. The rubbish removal and cleaning costs were $3000.00 and skip bin charges of $1270.00.
The lawns were mowed during the tenancy and the costs were to be paid for by the tenants. The landlord has 5 lawn mowing invoices not paid by the tenants. The landlord seeks $225.00 for the lawn mowing costs.
I am satisfied that the landlord has proven their claim for the rubbish removal. Skip bins, lawn mowing and cleaning.
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: -The front and back doors were smashed in by the police during their raid of the property. -The window latches were snapped off by police during their raid. -All the carpets throughout the house were cut to put the tubing through the floors or/and ceilings, the carpets were heavily stained by the chemicals and fertilisers and soil. The tubing was in every room in the house. -All bedroom doors and wardrobe doors were removed and discarded. -Hot water cylinder was removed from the property. -Electrical wiring was interfered with and disconnected in some areas of the house. -The bathroom, toilet and kitchen cabinets and whiteware/bath/plumbing and taps were destroyed. The stove was badly broken and unusable.
The entire house and garage were damaged and required a full renovation.
The landlord could not leave the property in this condition and so has had to have the work completed. The total cost of the cleaning, rubbish removal and repairs were $90,000.00. The insurance company paid out $20,000.00 towards the costs. The insurance company only paid a small portion of the costs as they stated that criminal and intentional damage has limited cover under their policy. The landlords have incurred the costs of $70,000.00 for the work to be conducted.
The evidence establishes that the tenants used the property for an unlawful purpose, cultivating cannabis, and caused extensive intentional and criminal damage.
The landlord has provided credible evidence that the cost to repairs the damage is $70,000.00 (after the insurance payout is deducted). The landlord is entitled to compensation for the actual loss suffered as a result of the tenants’ actions.
The tenant’s conduct was intentional and deliberate and the effect on the landlord has been severe, resulting in significant financial loss and loss of use of the property.
The landlord could claim exemplary damages for the tenants’ breaches of the RTA and tenancy agreement, but given the amount owed in compensation, is not seeking exemplary damages.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenants are fully liable for the actual costs of the repairs for intentional and criminal damage. I am satisfied that the landlords have proven their claims for the damage and subsequent repairs at the property.
I am not considering depreciation in this case as this was a well-presented modern home at the start of the tenancy. The property was not just damaged but nearly destroyed by the actions of the tenants. In these circumstances deprecation is not warranted. Filing Fee/Suppression/Bond:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlords have applied for suppression of their name and the address of the property. As the landlords have been successful, I am granting suppression of their names and the tenancy address.
The bond centre is to refund the bond to the landlords immediately to offset some of the debt owed by the tenants to the landlord.

Claims and awards in Tenancy Tribunal application 5420971 — net $67,613.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lawns and Garden work	$225.00	Lawns and Garden work
Repairs	$70,000.00	Repairs
Net award	$67,613.00
Total payable by Tenant to Landlord	$67,613.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name, identifying details and the tenancy address.
Hoa Tam Nguyen and Minh Chien Nguyen must pay [The landlord/s] $67,613.00 immediately, for repairs to the property, reimbursement of the filing fee and lawn mowing costs, as calculated and shown in table below: DescriptionLandlord Filing fee reimbursement$28.00 Lawns and Garden work$225.00 Repairs$70,000.00 Total award$70,253.00 Minus Bond-$2,640.00 Total payable by Tenant to Landlord$67,613.00
The Bond Centre is to pay the bond of $2,640.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlords claim for rent arrears is dismissed due to lack of supporting evidence.

Reasons

The landlords attended the hearing, the tenants did not attend. The tenants were sent a notice of hearing to their email addresses and received a text message on their mobile phones about the hearing.
The Tribunal has not received any communication from the tenants seeking an adjournment. I am proceeding with the hearing in the absence of the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
This was a fixed term tenancy that had commenced on 11 December 2022 and ended on 10 December 2025. The property was next door to the landlords. The landlords carried out 3 monthly inspections and the tenants appeared to be good tenants until September 2025.
The landlords had noticed in September 2025 that the police appeared to be keeping an eye on the property. In October 2025, the police and armed defenders squad raided the house. The tenants had been using the property as a cannabis growing operation since about September/October 2025.
One tenant was arrested and has been charged in relation to the cannabis growing operation.
The landlords viewed the property after the police raid and saw that it was seriously damaged. The tenants had modified the property into a commercial scale indoor cannabis site by using blackouts material to cover windows, removing bedroom and wardrobe doors, every room had holes cut into the roof or flooring to install tubing for air filtration and filters, the hot water cylinder was taken, the heat pump, bathroom lights and fans were disconnected, power was diverted. The garage and bedrooms contained bags of soil and fertilisers, black bags of rubbish and numerous pots and containers. The bathroom had been used to mix chemicals and had been damaged, such as the bath was badly chipped, the vanity dismantled, and toilet broken and in a filthy state. The kitchen stove was wrecked, the cabinetry was dismantled and beyond repair.
The landlord provided photos of the extent of the damage to the property and a detailed breakdown of the repairs needed to return the property to a habitable rental property. The estimate for the damages was $106,000.00.
The repairs have now been completed and the landlord has provided the actual cost of the work, the insurance partial pay out and photos of the property after the renovation. Rent arrears:
The landlord seeks rent arrears however has not provided rent records to prove the amount owing at the end of the tenancy. Therefore, I cannot award the rent arrears as the landlord has not proven their claim.
I am dismissing the landlords claim for rent arrears.

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 landlord provided a detailed invoice for the cost of all the repairs, cleaning, and rubbish removal in the property by Shreeji Builders Limited and supporting photos.
The tenants left the property in a filthy condition with rubbish, discarded possessions throughout the house. In addition to the rubbish from the cannabis growing operation. The rubbish removal and cleaning costs were $3000.00 and skip bin charges of $1270.00.
The lawns were mowed during the tenancy and the costs were to be paid for by the tenants. The landlord has 5 lawn mowing invoices not paid by the tenants. The landlord seeks $225.00 for the lawn mowing costs.
I am satisfied that the landlord has proven their claim for the rubbish removal. Skip bins, lawn mowing and cleaning.
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: -The front and back doors were smashed in by the police during their raid of the property. -The window latches were snapped off by police during their raid. -All the carpets throughout the house were cut to put the tubing through the floors or/and ceilings, the carpets were heavily stained by the chemicals and fertilisers and soil. The tubing was in every room in the house. -All bedroom doors and wardrobe doors were removed and discarded. -Hot water cylinder was removed from the property. -Electrical wiring was interfered with and disconnected in some areas of the house. -The bathroom, toilet and kitchen cabinets and whiteware/bath/plumbing and taps were destroyed. The stove was badly broken and unusable.
The entire house and garage were damaged and required a full renovation.
The landlord could not leave the property in this condition and so has had to have the work completed. The total cost of the cleaning, rubbish removal and repairs were $90,000.00. The insurance company paid out $20,000.00 towards the costs. The insurance company only paid a small portion of the costs as they stated that criminal and intentional damage has limited cover under their policy. The landlords have incurred the costs of $70,000.00 for the work to be conducted.
The evidence establishes that the tenants used the property for an unlawful purpose, cultivating cannabis, and caused extensive intentional and criminal damage.
The landlord has provided credible evidence that the cost to repairs the damage is $70,000.00 (after the insurance payout is deducted). The landlord is entitled to compensation for the actual loss suffered as a result of the tenants’ actions.
The tenant’s conduct was intentional and deliberate and the effect on the landlord has been severe, resulting in significant financial loss and loss of use of the property.
The landlord could claim exemplary damages for the tenants’ breaches of the RTA and tenancy agreement, but given the amount owed in compensation, is not seeking exemplary damages.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenants are fully liable for the actual costs of the repairs for intentional and criminal damage. I am satisfied that the landlords have proven their claims for the damage and subsequent repairs at the property.
I am not considering depreciation in this case as this was a well-presented modern home at the start of the tenancy. The property was not just damaged but nearly destroyed by the actions of the tenants. In these circumstances deprecation is not warranted. Filing Fee/Suppression/Bond:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlords have applied for suppression of their name and the address of the property. As the landlords have been successful, I am granting suppression of their names and the tenancy address.
The bond centre is to refund the bond to the landlords immediately to offset some of the debt owed by the tenants to the landlord.

Tenancy Tribunal case 5420971 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5420971 — Property damage

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

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