What was Tenancy Tribunal case 5438001 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 5438001?

Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,899.99 awarded to landlord; Bathroom Including Shower Unit: $200.00 awarded to landlord; Curtain Rail: $200.00 awarded to landlord; To Waste Disposal Unit: $200.00 awarded to landlord; Walls and Doors: $1,200.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Water Rates: $7.49 awarded to landlord

What type of tenancy dispute was case 5438001?

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

Where can I read the official tribunal order for case 5438001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13782594-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5438001 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 5438001?

Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,899.99 awarded to landlord; Bathroom Including Shower Unit: $200.00 awarded to landlord; Curtain Rail: $200.00 awarded to landlord; To Waste Disposal Unit: $200.00 awarded to landlord; Walls and Doors: $1,200.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Water Rates: $7.49 awarded to landlord

What type of tenancy dispute was case 5438001?

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

Where can I read the official tribunal order for case 5438001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13782594-Tribunal_Order_Redacted.pdf.

4B Putiputi Way, Papakura, Papakura 2110 Tenancy Tribunal Case 5438001 — Property damage

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4B Putiputi Way, Papakura, Papakura 2110 Tenancy Tribunal Case 5438001 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438001 — net $1,435.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/1/2026	$1,899.99	Rent arrears to 16/1/2026
Water rates	$7.49	Water rates
Repairs: walls and doors	$1,200.00	Repairs: walls and doors
Repairs: to waste disposal unit	$200.00	Repairs: to waste disposal unit
Repairs: bathroom including shower unit	$200.00	Repairs: bathroom including shower unit
Repair window frame and replace window latch	$200.00	Repair window frame and replace window latch
Repairs: curtain rail	$200.00	Repairs: curtain rail
Rubbish removal	$300.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,435.48
Total payable by Tenant to Landlord	$1,435.48

Claims and awards for application 5438001 — net $1,435.48 NZD. Verify on MoJ.

Rent arrears to 16/1/2026

Amount: $1,899.99
Awarded to: Landlord
Reason: Rent arrears to 16/1/2026

Water rates

Amount: $7.49
Awarded to: Landlord
Reason: Water rates

Repairs: walls and doors

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: walls and doors

Repairs: to waste disposal unit

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: to waste disposal unit

Repairs: bathroom including shower unit

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: bathroom including shower unit

Dismissed claims

Property Damage — as this damage is caused by fair wear and tear and not tenant carelessness

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Susitina Tuitavuki must pay [The landlord/s] $1,435.48 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
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 was for a fixed term due to end in April 2026. It ended early at the tenant’s request when a new tenant was found with the new tenancy commencing on 16 January 2026. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 caused during the tenancy: several walls and doors were damaged, the waste disposal unit was blocked and required repair, the shower and a window sill and latch were damaged and the curtain rails required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for repairs to the flooring is dismissed as this damage is caused by fair wear and tear and not tenant carelessness
The amounts ordered are proved.
I have not taken into account betterment and depreciation, as I am satisfied the amounts ordered are for actual repair costs only.
The bond has been refunded to the landlord so is deducted from the total owing.
The landlords’ requests for name suppression and reimbursement of the filing fee are approved as the application is largely successful.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438001 — net $1,435.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/1/2026	$1,899.99	Rent arrears to 16/1/2026
Water rates	$7.49	Water rates
Repairs: walls and doors	$1,200.00	Repairs: walls and doors
Repairs: to waste disposal unit	$200.00	Repairs: to waste disposal unit
Repairs: bathroom including shower unit	$200.00	Repairs: bathroom including shower unit
Repair window frame and replace window latch	$200.00	Repair window frame and replace window latch
Repairs: curtain rail	$200.00	Repairs: curtain rail
Rubbish removal	$300.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,435.48
Total payable by Tenant to Landlord	$1,435.48

Claims and awards for application 5438001 — net $1,435.48 NZD. Verify on MoJ.

Rent arrears to 16/1/2026

Amount: $1,899.99
Awarded to: Landlord
Reason: Rent arrears to 16/1/2026

Water rates

Amount: $7.49
Awarded to: Landlord
Reason: Water rates

Repairs: walls and doors

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: walls and doors

Repairs: to waste disposal unit

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: to waste disposal unit

Repairs: bathroom including shower unit

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: bathroom including shower unit

Dismissed claims

Property Damage — as this damage is caused by fair wear and tear and not tenant carelessness

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Susitina Tuitavuki must pay [The landlord/s] $1,435.48 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
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 was for a fixed term due to end in April 2026. It ended early at the tenant’s request when a new tenant was found with the new tenancy commencing on 16 January 2026. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 caused during the tenancy: several walls and doors were damaged, the waste disposal unit was blocked and required repair, the shower and a window sill and latch were damaged and the curtain rails required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for repairs to the flooring is dismissed as this damage is caused by fair wear and tear and not tenant carelessness
The amounts ordered are proved.
I have not taken into account betterment and depreciation, as I am satisfied the amounts ordered are for actual repair costs only.
The bond has been refunded to the landlord so is deducted from the total owing.
The landlords’ requests for name suppression and reimbursement of the filing fee are approved as the application is largely successful.

Tenancy Tribunal case 5438001 — Property damage at 4B Putiputi Way, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5438001 — Property damage at 4B Putiputi Way, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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