How much money was awarded in case 5439581?

Cleaning: $448.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,809.00 awarded to landlord; Bathroon Door Lock And Rehang Door: $218.50 awarded to landlord; Patch Holes And Paint: $442.75 awarded to landlord; Property Damage: $218.50 awarded to landlord; Roller Blinds And Rehang: $258.75 awarded to landlord; Window latch, bath tap,doorstoppers,…: $442.75 awarded to landlord; Smoke Alarms: $138.00 awarded to landlord; Rubbish Removal: $1,138.50 awarded to landlord; Water Rates: $119.08 awarded to landlord

What type of tenancy dispute was case 5439581?

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

Where can I read the official tribunal order for case 5439581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13590707-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5439581?

Cleaning: $448.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,809.00 awarded to landlord; Bathroon Door Lock And Rehang Door: $218.50 awarded to landlord; Patch Holes And Paint: $442.75 awarded to landlord; Property Damage: $218.50 awarded to landlord; Roller Blinds And Rehang: $258.75 awarded to landlord; Window latch, bath tap,doorstoppers,…: $442.75 awarded to landlord; Smoke Alarms: $138.00 awarded to landlord; Rubbish Removal: $1,138.50 awarded to landlord; Water Rates: $119.08 awarded to landlord

What type of tenancy dispute was case 5439581?

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

Where can I read the official tribunal order for case 5439581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13590707-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5439581 — Rent arrears

Q: What was Tenancy Tribunal case 5439581 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5439581 — net $2,662.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,809.00	Rent arrears
Water rates: to 27 March 2026	$119.08	Water rates: to 27 March 2026
Cleaning	$448.50	Cleaning
Rubbish removal: Interior and exterior	$1,138.50	Rubbish removal: Interior and exterior
Repairs: Patch holes and paint	$442.75	Repairs: Patch holes and paint
Repairs: Repair kitchen cabinet	$218.50	Repairs: Repair kitchen cabinet
Repairs: Bathroon door lock and rehang door	$218.50	Repairs: Bathroon door lock and rehang door
Repairs: Roller blinds and rehang	$258.75	Repairs: Roller blinds and rehang
Repairs: Window latch, bath tap,doorstoppers, shower handle and water heater cupboard	$442.75	Repairs: Window latch, bath tap,doorstoppers, shower handle and water heater cupboard
Replace smoke alarms: x2	$138.00	Replace smoke alarms: x2
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,662.33
Total payable by Tenant to Landlord	$2,662.33

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Hiakita Zion Takao Eruera and Paris Taite must pay [The landlord/s] $2,662.33 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.

The tenants did not attend the hearing by Teams video link. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.

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 and water rates?

The tenancy ended on 14 April 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,809.00 for rent and $119.08 for water rates to 27 March 2026.

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 and remove all rubbish. 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 landlord provided photos and a video of the premises showing that the premises had not been left reasonably clean and tidy and that substantial rubbish required removal. The landlord provided invoices for the amounts claimed. The amounts claimed are reasonable.

The amounts ordered are proven.

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. The landlord is not insured.

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: • Walls were damaged and required patching and painting. • The kitchen cabinet was broken. • The bathroom door lock was broken and the door needed to be realigned. • Roller blinds and tracks were broken. • Smoke alarms had been removed. • A window latch was broken. • Door stoppers had been removed. • The bath tap knob had been removed. • The water heater cupboard door had been removed.

The landlord provided photos and a video of the damage and the invoice for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

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.

As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5439581 — net $2,662.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,809.00	Rent arrears
Water rates: to 27 March 2026	$119.08	Water rates: to 27 March 2026
Cleaning	$448.50	Cleaning
Rubbish removal: Interior and exterior	$1,138.50	Rubbish removal: Interior and exterior
Repairs: Patch holes and paint	$442.75	Repairs: Patch holes and paint
Repairs: Repair kitchen cabinet	$218.50	Repairs: Repair kitchen cabinet
Repairs: Bathroon door lock and rehang door	$218.50	Repairs: Bathroon door lock and rehang door
Repairs: Roller blinds and rehang	$258.75	Repairs: Roller blinds and rehang
Repairs: Window latch, bath tap,doorstoppers, shower handle and water heater cupboard	$442.75	Repairs: Window latch, bath tap,doorstoppers, shower handle and water heater cupboard
Replace smoke alarms: x2	$138.00	Replace smoke alarms: x2
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,662.33
Total payable by Tenant to Landlord	$2,662.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Hiakita Zion Takao Eruera and Paris Taite must pay [The landlord/s] $2,662.33 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.
The tenants did not attend the hearing by Teams video link. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
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 and water rates?

The tenancy ended on 14 April 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,809.00 for rent and $119.08 for water rates to 27 March 2026.

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 and remove all rubbish. 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 landlord provided photos and a video of the premises showing that the premises had not been left reasonably clean and tidy and that substantial rubbish required removal. The landlord provided invoices for the amounts claimed. The amounts claimed are reasonable.
The amounts ordered are proven.

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. The landlord is not insured.
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: • Walls were damaged and required patching and painting. • The kitchen cabinet was broken. • The bathroom door lock was broken and the door needed to be realigned. • Roller blinds and tracks were broken. • Smoke alarms had been removed. • A window latch was broken. • Door stoppers had been removed. • The bath tap knob had been removed. • The water heater cupboard door had been removed.
The landlord provided photos and a video of the damage and the invoice for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
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.
As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5439581 — Rent arrears

At a glance

Tenancy Tribunal case 5439581 — Rent arrears

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