What was Tenancy Tribunal case 5443051 about?

The tribunal order states: [The tenant/s] must pay The Rent Shop Limited As Agent For Sanjay

How much money was awarded in case 5443051?

Rubbish Removal: $931.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $270.00 awarded to landlord; Property Damage: $362.25 awarded to landlord; Dining Room And Bedroom Door Holes: $430.00 awarded to landlord; Ranchslider Crack: $419.17 awarded to landlord; Water Rates: $77.16 awarded to landlord

What type of tenancy dispute was case 5443051?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5443051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13797083-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5443051 about?

The tribunal order states: [The tenant/s] must pay The Rent Shop Limited As Agent For Sanjay

How much money was awarded in case 5443051?

Rubbish Removal: $931.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $270.00 awarded to landlord; Property Damage: $362.25 awarded to landlord; Dining Room And Bedroom Door Holes: $430.00 awarded to landlord; Ranchslider Crack: $419.17 awarded to landlord; Water Rates: $77.16 awarded to landlord

What type of tenancy dispute was case 5443051?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5443051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13797083-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 25 Coombe Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 5443051 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5443051 — net $2,518.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$77.16	claim for refund of the bond. __________________________________________________________________________________ 5443051 2 How much is owed for water rates arr…
Repairs: Carpet damage	$362.25	Repairs: Carpet damage
Repairs: Ranchslider crack	$419.17	Repairs: Ranchslider crack
Repairs: Dining room and bedroom door holes	$430.00	Repairs: Dining room and bedroom door holes
Cleaning: rubbish removal and carpet stains	$931.50	Cleaning: rubbish removal and carpet stains
Lawns and Garden work	$270.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,518.08
Total payable by Tenant to Landlord	$2,518.08

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy. At the hearing the Landlord withdrew their claim for refund of the bond. 5443051 2

How much is owed for water rates arrears?

The tenancy ended on 24 November 2025. The landlord provided water rates invoices which prove the amount 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided exit inspection reports which showed the carpets were stained, there were marks on the walls in every room, the kitchen was dirty, the stove and rangehood required cleaning. There was excessive rubbish in the exterior of the property and in the garage including shopping trolleys, furniture and full wheelie bins. The Landlord understood that the Tenant had arranged for a third party to remove their belongings.

The lawns were also overgrown and required the removal of weeds. An exit report and invoices were provided to substantiate the costs claimed.

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 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. 5443051 3

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: cracked glass in the ranch slider, burnt hallway carpet, wall damage in the dining room and bedroom door.

The Landlord provided an entry inspection report which showed that the property had been newly renovated and was in good condition at the start of the tenancy. There was no sign of damages to the ranch slider glass, carpet or walls. The carpet was newly installed. The landlord submitted that the Tenant had acknowledged burning the carpet and causing the holes in the walls. The Tenant agreed to enter into a payment plan to pay the landlord for repairs however this never eventuated. Invoices were provided to substantiate the costs.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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 Rent Shop Limited As Agent For Sanjay Patel has wholly succeeded with the claim the Tenant must reimburse the filing fee. 5443051 4

Claims and awards in Tenancy Tribunal application 5443051 — net $2,518.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$77.16	claim for refund of the bond. __________________________________________________________________________________ 5443051 2 How much is owed for water rates arr…
Repairs: Carpet damage	$362.25	Repairs: Carpet damage
Repairs: Ranchslider crack	$419.17	Repairs: Ranchslider crack
Repairs: Dining room and bedroom door holes	$430.00	Repairs: Dining room and bedroom door holes
Cleaning: rubbish removal and carpet stains	$931.50	Cleaning: rubbish removal and carpet stains
Lawns and Garden work	$270.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,518.08
Total payable by Tenant to Landlord	$2,518.08

Order

[The tenant/s] must pay The Rent Shop Limited As Agent For Sanjay Patel $2,518.08 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy. At the hearing the Landlord withdrew their claim for refund of the bond. 5443051 2

How much is owed for water rates arrears?

The tenancy ended on 24 November 2025. The landlord provided water rates invoices which prove the amount 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided exit inspection reports which showed the carpets were stained, there were marks on the walls in every room, the kitchen was dirty, the stove and rangehood required cleaning. There was excessive rubbish in the exterior of the property and in the garage including shopping trolleys, furniture and full wheelie bins. The Landlord understood that the Tenant had arranged for a third party to remove their belongings.
The lawns were also overgrown and required the removal of weeds. An exit report and invoices were provided to substantiate the costs claimed.
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 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. 5443051 3
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: cracked glass in the ranch slider, burnt hallway carpet, wall damage in the dining room and bedroom door.
The Landlord provided an entry inspection report which showed that the property had been newly renovated and was in good condition at the start of the tenancy. There was no sign of damages to the ranch slider glass, carpet or walls. The carpet was newly installed. The landlord submitted that the Tenant had acknowledged burning the carpet and causing the holes in the walls. The Tenant agreed to enter into a payment plan to pay the landlord for repairs however this never eventuated. Invoices were provided to substantiate the costs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 Rent Shop Limited As Agent For Sanjay Patel has wholly succeeded with the claim the Tenant must reimburse the filing fee. 5443051 4

Tenancy Tribunal case 5443051 — Property damage at Unit/Flat 2, 25 Coombe Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5443051 — Property damage at Unit/Flat 2, 25 Coombe Avenue, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates arrears?

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 water rates arrears?

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