What was Tenancy Tribunal case 5432851 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 5432851?

Cleaning: $90.00 awarded to landlord; Cleaning: $310.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $491.05 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $40.00 awarded to landlord; Rent Arrears: $119.28 awarded to landlord; Tile: $170.00 awarded to landlord; Walls: $1,219.00 awarded to landlord; Replace Furnishings: Blinds: $350.00 awarded to landlord

What type of tenancy dispute was case 5432851?

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

Where can I read the official tribunal order for case 5432851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13418114-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5432851 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 5432851?

Cleaning: $90.00 awarded to landlord; Cleaning: $310.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $491.05 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $40.00 awarded to landlord; Rent Arrears: $119.28 awarded to landlord; Tile: $170.00 awarded to landlord; Walls: $1,219.00 awarded to landlord; Replace Furnishings: Blinds: $350.00 awarded to landlord

What type of tenancy dispute was case 5432851?

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

Where can I read the official tribunal order for case 5432851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13418114-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5432851 — Property damage

Claims and awards in Tenancy Tribunal application 5432851 — net $944.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$119.28	Rent arrears
Repairs: tile	$170.00	Repairs: tile
Repairs: walls	$1,219.00	Repairs: walls
Replace furnishings: blinds	$350.00	Replace furnishings: blinds
Door frame repair	$126.50	Door frame repair
Cleaning	$310.50	Cleaning
Carpet Cleaning	$90.00	Carpet Cleaning
Lock/key replacement	$40.00	Lock/key replacement
Lawns and Garden work: and rubbish removal	$491.05	Lawns and Garden work: and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$944.33
Total payable by Tenant to Landlord	$944.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Shanelle Valerie Wharangi Apiata and Rangi Rose Tahu must pay [The landlord/s] $944.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6376557-010) to Property [the landlords] immediately.

Reasons

The landlord was represented by two property managers, Ms I and Ms T, who attended the hearing this morning scheduled to commence at 9.30am. In this decision, references to the landlord mean the property manager, Ms T.
Yesterday afternoon the tenant contacted the Tribunal to ask if she could attend by phone because of transport difficulties. That request was approved this morning and the tenant was emailed and advised that she would be rung.
Three attempts were made to reach the tenant between approximately 9.33 and
40am. On each occasion the phone rang before going to voicemail. The hearing then proceeded without her.
There was no appearance by the guarantor.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 January 2026. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $119.28. That amount is ordered.

Is the tenant responsible for the damage to the premises?

The tenancy began on 24 September 2024. At this time the property was fairly new, having been completed in 2022 or 2023. The entry inspection photos show a property in very good condition.
At a routine inspection conducted on 23 October 2025, the landlord discovered the following damage: a. scratches and gouges on bedroom 1 door, windowsill, door frame; b. scratches and dents on walls in bedrooms 2 and 3; c. scratches on windowsill in bedroom 3; d. cracked tile in bathroom;
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 landlord provided photos from the entry inspection report which prove that the damage occurred during the tenancy.
The landlord discussed the damage with the tenant. Something had been dropped on the bathroom tile.
The landlord provided the Tribunal with copies of text communications with the tenant in which the tenant said that she would repair the damage to the wall and use leftover paint provided by the landlord. She agreed that the bathroom tile would need to be repaired by a professional.
The tenant then gave notice with an expected exit date of 7 January (which later became 8 January).
In December, when the landlord was showing a prospective tenant through the property, she noticed that the damage had been patched with putty that was a pale purple colour. No sanding or painting had taken place. She took photos, copies of which were provided to the Tribunal along with further text messages in which the tenant agreed to the landlord contracting a tradesperson to fix the walls.
The walls and tile were fixed before the end of the tenancy.
The landlord provided an invoice for $1,219.00 for sanding and painting of multiple marks and holes in wall, doors, window surrounds and door frames throughout the house and one for $170.00 for replacing a broken tile in the bathroom.
The amounts ordered are proved.
When the final inspection was undertaken, some further damage was discovered: a. The lounge curtain had marks on it a blood on the lining b. The bottom rod of the Roman blind in the lounge was broken c. The roller blind in the kitchen was broken d. The aluminium frame on the external door was bent.
The landlord submitted and invoice for $126.50 for straightening the door frame and $415.73 for replacement blinds.
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 and decided to take small amount of depreciation off the blinds and order $350 for the replacement blinds.
The other amounts claimed are all 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 and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
Although the tenant had made some effort to clean the property, there were some areas that were not clean. There were cupboards and drawers in both the kitchen and bathroom that had not been cleaned. The oven had not been cleaned. There were greasy patches on the kitchen bench. There was a white sticky substance on the bathroom floor. The bathroom smelt of urine.
The landlord submitted an invoice for $310.50 for cleaning.
The landlord also had the carpets cleaned because the tenant had had a kitten and the carpets smelt.
The landlord submitted an invoice for $90.00 for carpet cleaning.
Some rubbish had been left behind. The recycling bin was full of general waste and there were small pieces of rubbish such as bottle tops, cigarette butts and wrappers scattered throughout the property outside. Weeding was required. Because the tenants had some children’s toys, trampoline and playthings outside, parts of the lawn had also degraded. There was also some drawing on the exterior walls.
The landlord submitted an invoice for $491.05 for sowing grass seed, spraying sone areas and fenceline, mowing law, removal of rubbish, weeding, emptying three large wheelie bins and waterblasting to remove graffiti.
The tenant did not return all the keys. The landlord submitted an invoice for $40.00 for key replacement.
The amounts ordered are proved. Guarantor
On 27 August 2024 the guarantor signed the tenancy agreement as guarantor. clause 24 of the tenancy agreement provides that the guarantor guarantees that the guarantor will be jointly and severally liable with the Tenant for the payment of rent and the performance by the Tenant of the terms and conditions of the agreement, and indemnifies the Landlord against any loss the Landlord may suffer if the Tenant fails to perform such obligations.
The Tribunal has ordered the tenant to pay $2,699.56 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5432851 — net $944.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$119.28	Rent arrears
Repairs: tile	$170.00	Repairs: tile
Repairs: walls	$1,219.00	Repairs: walls
Replace furnishings: blinds	$350.00	Replace furnishings: blinds
Door frame repair	$126.50	Door frame repair
Cleaning	$310.50	Cleaning
Carpet Cleaning	$90.00	Carpet Cleaning
Lock/key replacement	$40.00	Lock/key replacement
Lawns and Garden work: and rubbish removal	$491.05	Lawns and Garden work: and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$944.33
Total payable by Tenant to Landlord	$944.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Shanelle Valerie Wharangi Apiata and Rangi Rose Tahu must pay [The landlord/s] $944.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6376557-010) to Property [the landlords] immediately.

Reasons

The landlord was represented by two property managers, Ms I and Ms T, who attended the hearing this morning scheduled to commence at 9.30am. In this decision, references to the landlord mean the property manager, Ms T.
Yesterday afternoon the tenant contacted the Tribunal to ask if she could attend by phone because of transport difficulties. That request was approved this morning and the tenant was emailed and advised that she would be rung.
Three attempts were made to reach the tenant between approximately 9.33 and
40am. On each occasion the phone rang before going to voicemail. The hearing then proceeded without her.
There was no appearance by the guarantor.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 January 2026. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $119.28. That amount is ordered.

Is the tenant responsible for the damage to the premises?

The tenancy began on 24 September 2024. At this time the property was fairly new, having been completed in 2022 or 2023. The entry inspection photos show a property in very good condition.
At a routine inspection conducted on 23 October 2025, the landlord discovered the following damage: a. scratches and gouges on bedroom 1 door, windowsill, door frame; b. scratches and dents on walls in bedrooms 2 and 3; c. scratches on windowsill in bedroom 3; d. cracked tile in bathroom;
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 landlord provided photos from the entry inspection report which prove that the damage occurred during the tenancy.
The landlord discussed the damage with the tenant. Something had been dropped on the bathroom tile.
The landlord provided the Tribunal with copies of text communications with the tenant in which the tenant said that she would repair the damage to the wall and use leftover paint provided by the landlord. She agreed that the bathroom tile would need to be repaired by a professional.
The tenant then gave notice with an expected exit date of 7 January (which later became 8 January).
In December, when the landlord was showing a prospective tenant through the property, she noticed that the damage had been patched with putty that was a pale purple colour. No sanding or painting had taken place. She took photos, copies of which were provided to the Tribunal along with further text messages in which the tenant agreed to the landlord contracting a tradesperson to fix the walls.
The walls and tile were fixed before the end of the tenancy.
The landlord provided an invoice for $1,219.00 for sanding and painting of multiple marks and holes in wall, doors, window surrounds and door frames throughout the house and one for $170.00 for replacing a broken tile in the bathroom.
The amounts ordered are proved.
When the final inspection was undertaken, some further damage was discovered: a. The lounge curtain had marks on it a blood on the lining b. The bottom rod of the Roman blind in the lounge was broken c. The roller blind in the kitchen was broken d. The aluminium frame on the external door was bent.
The landlord submitted and invoice for $126.50 for straightening the door frame and $415.73 for replacement blinds.
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 and decided to take small amount of depreciation off the blinds and order $350 for the replacement blinds.
The other amounts claimed are all 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 and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
Although the tenant had made some effort to clean the property, there were some areas that were not clean. There were cupboards and drawers in both the kitchen and bathroom that had not been cleaned. The oven had not been cleaned. There were greasy patches on the kitchen bench. There was a white sticky substance on the bathroom floor. The bathroom smelt of urine.
The landlord submitted an invoice for $310.50 for cleaning.
The landlord also had the carpets cleaned because the tenant had had a kitten and the carpets smelt.
The landlord submitted an invoice for $90.00 for carpet cleaning.
Some rubbish had been left behind. The recycling bin was full of general waste and there were small pieces of rubbish such as bottle tops, cigarette butts and wrappers scattered throughout the property outside. Weeding was required. Because the tenants had some children’s toys, trampoline and playthings outside, parts of the lawn had also degraded. There was also some drawing on the exterior walls.
The landlord submitted an invoice for $491.05 for sowing grass seed, spraying sone areas and fenceline, mowing law, removal of rubbish, weeding, emptying three large wheelie bins and waterblasting to remove graffiti.
The tenant did not return all the keys. The landlord submitted an invoice for $40.00 for key replacement.
The amounts ordered are proved. Guarantor
On 27 August 2024 the guarantor signed the tenancy agreement as guarantor. clause 24 of the tenancy agreement provides that the guarantor guarantees that the guarantor will be jointly and severally liable with the Tenant for the payment of rent and the performance by the Tenant of the terms and conditions of the agreement, and indemnifies the Landlord against any loss the Landlord may suffer if the Tenant fails to perform such obligations.
The Tribunal has ordered the tenant to pay $2,699.56 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5432851 — Property damage

At a glance

Tenancy Tribunal case 5432851 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions