What was Tenancy Tribunal case 5425507 about?

The tribunal order states: [The tenant/s] must pay Atawhai Investments Limited $7,233.33

How much money was awarded in case 5425507?

Cleaning: $595.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $367.00 awarded to landlord; Lightbulbs: $288.96 awarded to landlord; Outgoings (Water/Electricity: $1,948.56 awarded to landlord; Property Damage: $2,256.70 awarded to landlord; Property Damage: $194.70 awarded to landlord; Rent Arrears: $2,071.00 awarded to landlord; Rubbish Removal: $714.27 awarded to landlord; Sale Proceeds - Abandoned Goods: $219.45 awarded to tenant; Smoke Alarms: $8.59 awarded to landlord

What type of tenancy dispute was case 5425507?

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

Where can I read the official tribunal order for case 5425507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13804842-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5425507 about?

The tribunal order states: [The tenant/s] must pay Atawhai Investments Limited $7,233.33

How much money was awarded in case 5425507?

Cleaning: $595.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $367.00 awarded to landlord; Lightbulbs: $288.96 awarded to landlord; Outgoings (Water/Electricity: $1,948.56 awarded to landlord; Property Damage: $2,256.70 awarded to landlord; Property Damage: $194.70 awarded to landlord; Rent Arrears: $2,071.00 awarded to landlord; Rubbish Removal: $714.27 awarded to landlord; Sale Proceeds - Abandoned Goods: $219.45 awarded to tenant; Smoke Alarms: $8.59 awarded to landlord

What type of tenancy dispute was case 5425507?

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

Where can I read the official tribunal order for case 5425507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13804842-Tenancy_Tribunal_Order.pdf.

102A Salisbury Road, Richmond, Richmond 7020 Tenancy Tribunal Case 5425507 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5425507 — net $7,233.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,071.00		Rent arrears
Repairs and replacement of fixtures	$2,256.70		Repairs and replacement of fixtures
Outgoings (water/electricity	$1,948.56		Outgoings (water/electricity
Rubbish removal	$714.27		Rubbish removal
Lock/key replacement	$194.70		Lock/key replacement
Cleaning	$920.00		Cleaning
Carpet Cleaning: and vinyl flooring	$595.00		Carpet Cleaning: and vinyl flooring
Light bulbs/batteries: and fittings	$288.96		Light bulbs/batteries: and fittings
Replace smoke alarms	$8.59		Replace smoke alarms
Lawns and Garden work: remove pallets and brush fencing	$367.00		Lawns and Garden work: remove pallets and brush fencing
Filing fee reimbursement	$28.00		Filing fee reimbursement
Sale proceeds - abandoned goods		$219.45	Sale proceeds - abandoned goods
Total award	$9,392.78	$219.45
Net award	$7,233.33
Total payable by Tenant to Landlord	$7,233.33

The landlord attended the hearing. There was no appearance by the tenant.

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

As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.

The term “balance of probabilities” means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. It is not a question of a party not being “right” or not telling the truth, the sole issue is whether they have on the evidence presented, proven that their claim is more likely than not.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

How much is owed for rent and outgoings?

The tenancy ended on 8 December 2025 after commencing 6 August 2020. The premises had been renovated just prior to commencement.

The landlord provided rent records and an outgoings summary table (water and electricity) which prove the amounts owing at the end of the tenancy are as ordered.

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 landlord provided detailed invoices that were supported by numerous entry and exit photos. The cleaning effort required was increased by what the landlord said was legacy rabbit urine and faeces as well as rotting seafood.

The tenant did not leave the premises reasonably clean and tidy (invoiced cost of cleaning $920.00), and did not remove all rubbish (invoiced cost of $714.27). The flooring required professional cleaning at a cost of $595.00.

The lawns required attention with weed spraying carried out. The landlord had to remove pallets and brush fencing put up or in place by the tenant. This appears to have been as part of the placement of a portable cabin on the back yard. The landlord claimed $367.00 for compensation for the effort involved. This is awarded.

The tenant did not return the keys and the locks were replaced at a cost of $194.70.

The landlord had to replace light bulbs and fittings, as well as a smoke alarm. The invoiced costs of $288.96 and $8.59 respectively are awarded.

The curtains had been removed from throughout the house. Curtain fixtures and rails required replacement due to damage.

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 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 claimed as caused during the tenancy: Hallway Replace missing light fitting Remove hooks and repair damage to walls Bathroom Replace missing towel rail Replace missing toilet roll holder Master Bedroom Replace 2 missing light fittings Replace missing wardrobe handle. Filling, sanding and repainting of damaged wall areas Replace missing curtain rod stopper from custom made curved rod. Curtain hooks and track gliders Replace missing curtains, curtain hooks, track gliders Replace missing doorstop Replace missing smoke alarm Bedroom 2 Repair broken curtain rails x 2 Remove cable holders from walls, filling, sanding and repainting of damaged wall areas Replace missing curtains, curtain hooks and track gliders (2 windows) Bedroom 3 Replace missing curtain rails x 3 Replace missing door stop Repairs to wall from tenant removing door stop Replace missing light fitting Replace missing batten holder Sanding, repainting of damaged wall areas & large areas painted without permission Replace missing curtains, curtain hooks and track gliders (3 windows) Lounge Reinstall/replace missing brass curtain tieback hooks Replace missing light fitting Reaffix Broadband connection outlet equipment to wall Remove hooks, speaker wire Repairs to wall damage Sand and repaint damaged wall areas. Replace missing curtains, curtain hooks and track gliders (1 continuous series of windows) Replace missing curtains and curtain hooks - wide entranceway to Kitchen Replace missing tassels Laundry/Kitchen Replace missing laundry plug and chain Rehang metal hook fixture on laundry wall. Repair damage to front of laundry tub unit and repaint. Remove and replace broken ceiling light Rehang Kitchen corner cupboard, replace broken/missing door hinges. Replace missing towel rail Replace kitchen tap Outside Dismantle rotting pallets, ply and brushwood installed by tenants Remove rotting pallets installed by tenants and compost/rubbish pile Remove screws, hooks etc. tenant left in exterior walls, fill holes and repaint Spray driveway and yard weeds Repair impact damage to front door

The majority of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The exception is the cost of rehanging of the kitchen corner cupboard and replacing the broken/missing door hinges. Having considered the submission and evidence, I find that is not proven as more than wear and tear.

The claims were supported by numerous invoices, be it labour or materials, as well as entry and exit photos. The landlord appears meticulous in her record keeping and that continued with much of the invoice detail, as shown below from the handyman:

The amounts ordered are proved. Filing fee

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

Reasons

Claims and awards in Tenancy Tribunal application 5425507 — net $7,233.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,071.00		Rent arrears
Repairs and replacement of fixtures	$2,256.70		Repairs and replacement of fixtures
Outgoings (water/electricity	$1,948.56		Outgoings (water/electricity
Rubbish removal	$714.27		Rubbish removal
Lock/key replacement	$194.70		Lock/key replacement
Cleaning	$920.00		Cleaning
Carpet Cleaning: and vinyl flooring	$595.00		Carpet Cleaning: and vinyl flooring
Light bulbs/batteries: and fittings	$288.96		Light bulbs/batteries: and fittings
Replace smoke alarms	$8.59		Replace smoke alarms
Lawns and Garden work: remove pallets and brush fencing	$367.00		Lawns and Garden work: remove pallets and brush fencing
Filing fee reimbursement	$28.00		Filing fee reimbursement
Sale proceeds - abandoned goods		$219.45	Sale proceeds - abandoned goods
Total award	$9,392.78	$219.45
Net award	$7,233.33
Total payable by Tenant to Landlord	$7,233.33

The landlord attended the hearing. There was no appearance by the tenant.

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

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

How much is owed for rent and outgoings?

The tenancy ended on 8 December 2025 after commencing 6 August 2020. The premises had been renovated just prior to commencement.

The landlord provided rent records and an outgoings summary table (water and electricity) which prove the amounts owing at the end of the tenancy are as ordered.

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

The tenant did not return the keys and the locks were replaced at a cost of $194.70.

The landlord had to replace light bulbs and fittings, as well as a smoke alarm. The invoiced costs of $288.96 and $8.59 respectively are awarded.

The curtains had been removed from throughout the house. Curtain fixtures and rails required replacement due to damage.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Filing fee

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

Tenancy Tribunal case 5425507 — Property damage at 102A Salisbury Road, Richmond, Richmond 7020

At a glance

Tenancy Tribunal case 5425507 — Property damage at 102A Salisbury Road, Richmond, Richmond 7020

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and outgoings?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and outgoings?

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

Property management

Frequently asked questions