What was Tenancy Tribunal case 5422234 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 5422234?

Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $446.72 awarded to landlord; Property Damage: $3,967.50 awarded to landlord; Rent Arrears: $3,808.57 awarded to landlord; Toilet Entrance Ceiling: $460.00 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord; Skip Bin: $690.00 awarded to landlord; Water Rates: $250.00 awarded to landlord

What type of tenancy dispute was case 5422234?

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

Where can I read the official tribunal order for case 5422234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450062-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5422234 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 5422234?

Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $446.72 awarded to landlord; Property Damage: $3,967.50 awarded to landlord; Rent Arrears: $3,808.57 awarded to landlord; Toilet Entrance Ceiling: $460.00 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord; Skip Bin: $690.00 awarded to landlord; Water Rates: $250.00 awarded to landlord

What type of tenancy dispute was case 5422234?

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

Where can I read the official tribunal order for case 5422234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450062-Tribunal_Order_Redacted.pdf.

164A Princes Street East, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5422234 — Property damage

Claims and awards in Tenancy Tribunal application 5422234 — net $10,915.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/10/25	$3,808.57	Rent arrears to 29/10/25
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$250.00	Water rates
Window repairs	$446.72	Window repairs
Repairs: toilet entrance ceiling	$460.00	Repairs: toilet entrance ceiling
Skip bin	$690.00	Skip bin
Rubbish removal	$632.50	Rubbish removal
Cleaning	$632.50	Cleaning
Repairs	$3,967.50	Repairs
Net award	$10,915.79
Total payable by Tenant to Landlord	$10,915.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Daniel Heke wilson must pay [The landlord/s] $10,915.79 immediately, being rent arrears until 29 October 2025, compensation, and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears to 29/10/25$3,808.57 Filing fee reimbursement$28.00 Water rates$250.00 Window repairs$446.72 Repairs: toilet entrance ceiling$460.00 Skip bin$690.00 Rubbish removal$632.50 Cleaning$632.50 Repairs$3,967.50 Total award$10,915.79 Total payable by Tenant to Landlord$10,915.79

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with a notice of hearing and did not communicate with the Tribunal seeking an adjournment. The tenant has not appeared at other Tribunal hearings relating to this tenancy.
The tenants case worker is in contact with the landlord and was aware of the date and time of the Tribunal hearing. I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord had obtained a Tribunal order dated 25 September 2025 for immediate termination of the tenancy and rent arrears of $8142.09. The tenant did not leave the property until after the bailiff was obtained. The tenant left the tenancy on 29 October 2025 and thereby incurring further rent arrears.

How much is owed for rent and water rates?

The tenancy ended on 29 October 2025 after an Order from the Tribunal. The landlord provided rent records which prove the amount of $3808.57 owing at the end of the tenancy.
The landlord did not have all the water bills and was unable to prove the actual amount owing. The one invoice that he provided did not have the fixed wastewater charges deducted.
The landlord was owed significantly more in water bills, but I was unable to confirm the actual amount, so have nominated $250.00 as the amount the tenant should pay.
I am satisfied that the landlord has proven his claim for rent arrears and water bills.

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 detailed photos dated the 29 October 2025 to show the condition of the property at the end of the tenancy. The property was effectively abandoned with no furniture and possessions removed, and no cleaning or rubbish removal completed.
The property was left with a lot of discarded possessions, rubbish, and furniture of no value for the landlord to dispose of. The property was dirty.
The landlord provided an invoice for the cost of the rubbish removal, skip hire and cleaning costs.
I am satisfied that the landlord has proven their claims for the cleaning, skip hire and rubbish removal. The amounts ordered are proved.
The landlord sought the costs of replacing locks and keys at the end of the tenancy. However, the landlord was unable to locate the invoice to prove the costs. I am dismissing the landlords claims for locksmith costs.

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: -Toilet ceiling panel removed. -In excess of 25 holes punched into all the walls of the property. -3 windows smashed in the entrance and ranch slider.
The landlord provided the pre let photos and a series of detailed photos taken on 25 October 2025 showing the holes in the walls, missing ceiling panel and broken windows.
The damage has occurred during this tenancy and is clearly intentional or reckless damage. The landlord provided invoices for the costs of the repairs, one for the replastering, patching, and repainting the walls and replacing the toilet panel, dated 24 November 2025 and two dated 14 August 2025 and 17 October 2025 for glass 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 do not have to take 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.
However, the extent of the damage meant that the landlord could not re-let the property without the repairs being carried out. The house had been fully repainted 2 years ago.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and identifying details, and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5422234 — net $10,915.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/10/25	$3,808.57	Rent arrears to 29/10/25
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$250.00	Water rates
Window repairs	$446.72	Window repairs
Repairs: toilet entrance ceiling	$460.00	Repairs: toilet entrance ceiling
Skip bin	$690.00	Skip bin
Rubbish removal	$632.50	Rubbish removal
Cleaning	$632.50	Cleaning
Repairs	$3,967.50	Repairs
Net award	$10,915.79
Total payable by Tenant to Landlord	$10,915.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Daniel Heke wilson must pay [The landlord/s] $10,915.79 immediately, being rent arrears until 29 October 2025, compensation, and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears to 29/10/25$3,808.57 Filing fee reimbursement$28.00 Water rates$250.00 Window repairs$446.72 Repairs: toilet entrance ceiling$460.00 Skip bin$690.00 Rubbish removal$632.50 Cleaning$632.50 Repairs$3,967.50 Total award$10,915.79 Total payable by Tenant to Landlord$10,915.79

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with a notice of hearing and did not communicate with the Tribunal seeking an adjournment. The tenant has not appeared at other Tribunal hearings relating to this tenancy.
The tenants case worker is in contact with the landlord and was aware of the date and time of the Tribunal hearing. I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord had obtained a Tribunal order dated 25 September 2025 for immediate termination of the tenancy and rent arrears of $8142.09. The tenant did not leave the property until after the bailiff was obtained. The tenant left the tenancy on 29 October 2025 and thereby incurring further rent arrears.

How much is owed for rent and water rates?

The tenancy ended on 29 October 2025 after an Order from the Tribunal. The landlord provided rent records which prove the amount of $3808.57 owing at the end of the tenancy.
The landlord did not have all the water bills and was unable to prove the actual amount owing. The one invoice that he provided did not have the fixed wastewater charges deducted.
The landlord was owed significantly more in water bills, but I was unable to confirm the actual amount, so have nominated $250.00 as the amount the tenant should pay.
I am satisfied that the landlord has proven his claim for rent arrears and water bills.

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 detailed photos dated the 29 October 2025 to show the condition of the property at the end of the tenancy. The property was effectively abandoned with no furniture and possessions removed, and no cleaning or rubbish removal completed.
The property was left with a lot of discarded possessions, rubbish, and furniture of no value for the landlord to dispose of. The property was dirty.
The landlord provided an invoice for the cost of the rubbish removal, skip hire and cleaning costs.
I am satisfied that the landlord has proven their claims for the cleaning, skip hire and rubbish removal. The amounts ordered are proved.
The landlord sought the costs of replacing locks and keys at the end of the tenancy. However, the landlord was unable to locate the invoice to prove the costs. I am dismissing the landlords claims for locksmith costs.

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: -Toilet ceiling panel removed. -In excess of 25 holes punched into all the walls of the property. -3 windows smashed in the entrance and ranch slider.
The landlord provided the pre let photos and a series of detailed photos taken on 25 October 2025 showing the holes in the walls, missing ceiling panel and broken windows.
The damage has occurred during this tenancy and is clearly intentional or reckless damage. The landlord provided invoices for the costs of the repairs, one for the replastering, patching, and repainting the walls and replacing the toilet panel, dated 24 November 2025 and two dated 14 August 2025 and 17 October 2025 for glass 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 do not have to take 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.
However, the extent of the damage meant that the landlord could not re-let the property without the repairs being carried out. The house had been fully repainted 2 years ago.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and identifying details, and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5422234 — Property damage at 164A Princes Street East, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5422234 — Property damage at 164A Princes Street East, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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