What was Tenancy Tribunal case 5423798 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 5423798?

Filing Fee: $28.00 awarded to landlord; Property Damage: $475.98 awarded to landlord; Property Damage: $1,409.60 awarded to landlord; Smoke Alarms: $460.00 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Water Rates: $3,525.98 awarded to landlord

What type of tenancy dispute was case 5423798?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5423798?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13213920-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5423798 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 5423798?

Filing Fee: $28.00 awarded to landlord; Property Damage: $475.98 awarded to landlord; Property Damage: $1,409.60 awarded to landlord; Smoke Alarms: $460.00 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Water Rates: $3,525.98 awarded to landlord

What type of tenancy dispute was case 5423798?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5423798?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13213920-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5423798 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5423798 — net $5,723.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates until 20 February 2026	$3,525.98	Water rates until 20 February 2026
Repairs, toilet seat, toilet roll holder, smoke alarm	$460.00	Repairs, toilet seat, toilet roll holder, smoke alarm
Lock/key replacement	$475.98	Lock/key replacement
Window repairs	$1,409.60	Window repairs
Replace smoke alarms	$99.95	Replace smoke alarms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,723.51
Total payable by Tenant to Landlord	$5,723.51

The landlord attended the hearing, represented by [The landlord’s representatives].

The only tenant on the tenancy agreement did not attend the hearing.

The landlord has applied for termination of the tenancy due to substantial damage being caused by the tenant, compensation, damages, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Section 55(1)(b) of the Residential Tenancies Act, 1986, (the “RTA”) says that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has caused substantial damage to the tenancy.

The landlord provided photographs that show holes in the walls of bedrooms one, two and three, a large hole in the wall of the lounge, holes in the walls of the hall that have been poorly patched, holes in many doors substantial graffiti in bedroom three, and a door frame that has been ripped from the wall.

The landlord said the tenant has not been served a 14-day notice to remedy because the landlord received notice that the tenant had been taken into custody and has now been released to a different address on bail.

When I look at the damage to the premises I consider whether the damage is substantial enough that it warrants terminating the tenancy.

The main factor I consider is whether I think the damage is such that a tenant could remedy it themselves.

I do not consider that even a tenant with considerable skills could remediate the damage to these premises unless they were contracted professionally to do so. There is nothing before me that suggests this tenant has the skills to remediate the damage to this property.

Second, I consider that because the information that the landlord has is that the tenant is now on bail to another address, and there is no information before me that suggests this could be incorrect, there is no likelihood that this damage could be remediated by the tenant.

I consider the damage to this property to be substantial, and I consider it warrants termination of the tenancy.

This claim is proved.

How much is owed for rent and water rates?

The landlord provided water rates records which prove the amount of water rates owed at 20 February 2026 is $3,525.98. The landlord said they have provided water rates invoices consisting only of water usage and waste-water usage on a regular basis to the tenant, but the tenant has not paid any water rates invoices since living at this tenancy.

This claims and the amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. 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 landlord said the tenant did not secure the premises prior to leaving, and so the landlord took steps to secure the premises.

The landlord also said two of the three smoke alarms provided have been removed.

These claims and 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 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.

The landlord is making the following claims: a. Damage to a toilet seat, a smoke alarm and two toilet paper holders, $460.00, b. Damage to a window, $1,409.60

The amounts ordered are proved.

The landlord will be making further claims once they have addressed the damage in the premises at the end of the tenancy.

The landlord seeks suppression of their identifying information. Because this Order includes sensitive information regarding the tenant, I have ordered suppression of her identifying information.

Because has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5423798 — net $5,723.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates until 20 February 2026	$3,525.98	Water rates until 20 February 2026
Repairs, toilet seat, toilet roll holder, smoke alarm	$460.00	Repairs, toilet seat, toilet roll holder, smoke alarm
Lock/key replacement	$475.98	Lock/key replacement
Window repairs	$1,409.60	Window repairs
Replace smoke alarms	$99.95	Replace smoke alarms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,723.51
Total payable by Tenant to Landlord	$5,723.51

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
The tenancy of at [Tenancy address suppressed] is terminated, and possession is granted to , at 11.59 pm on Monday 9 March 2026. 3. 4.

Reasons

The landlord attended the hearing, represented by [The landlord’s representatives].
The only tenant on the tenancy agreement did not attend the hearing.
The landlord has applied for termination of the tenancy due to substantial damage being caused by the tenant, compensation, damages, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Section 55(1)(b) of the Residential Tenancies Act, 1986, (the “RTA”) says that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has caused substantial damage to the tenancy.
The landlord provided photographs that show holes in the walls of bedrooms one, two and three, a large hole in the wall of the lounge, holes in the walls of the hall that have been poorly patched, holes in many doors substantial graffiti in bedroom three, and a door frame that has been ripped from the wall.
The landlord said the tenant has not been served a 14-day notice to remedy because the landlord received notice that the tenant had been taken into custody and has now been released to a different address on bail.
When I look at the damage to the premises I consider whether the damage is substantial enough that it warrants terminating the tenancy.
The main factor I consider is whether I think the damage is such that a tenant could remedy it themselves.
I do not consider that even a tenant with considerable skills could remediate the damage to these premises unless they were contracted professionally to do so. There is nothing before me that suggests this tenant has the skills to remediate the damage to this property.
Second, I consider that because the information that the landlord has is that the tenant is now on bail to another address, and there is no information before me that suggests this could be incorrect, there is no likelihood that this damage could be remediated by the tenant.
I consider the damage to this property to be substantial, and I consider it warrants termination of the tenancy.
This claim is proved.

How much is owed for rent and water rates?

The landlord provided water rates records which prove the amount of water rates owed at 20 February 2026 is $3,525.98. The landlord said they have provided water rates invoices consisting only of water usage and waste-water usage on a regular basis to the tenant, but the tenant has not paid any water rates invoices since living at this tenancy.
This claims and the amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. 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 landlord said the tenant did not secure the premises prior to leaving, and so the landlord took steps to secure the premises.
The landlord also said two of the three smoke alarms provided have been removed.
These claims and 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 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.
The landlord is making the following claims: a. Damage to a toilet seat, a smoke alarm and two toilet paper holders, $460.00, b. Damage to a window, $1,409.60
The amounts ordered are proved.
The landlord will be making further claims once they have addressed the damage in the premises at the end of the tenancy.
The landlord seeks suppression of their identifying information. Because this Order includes sensitive information regarding the tenant, I have ordered suppression of her identifying information.
Because has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5423798 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5423798 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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