What was Tenancy Tribunal case 5444232 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 5444232?

Bailiff And Enforcement Costs: $334.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Rent Arrears: $3,834.28 awarded to landlord; Smoke Alarms: $4,490.55 awarded to landlord

What type of tenancy dispute was case 5444232?

The primary dispute was Smoke alarms. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5444232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818989-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5444232 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 5444232?

Bailiff And Enforcement Costs: $334.00 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Rent Arrears: $3,834.28 awarded to landlord; Smoke Alarms: $4,490.55 awarded to landlord

What type of tenancy dispute was case 5444232?

The primary dispute was Smoke alarms. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5444232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818989-Tribunal_Order_Redacted.pdf.

4 Peppertree Glade, Kelvin Grove, Palmerston North 4414 Tenancy Tribunal Case 5444232 — Smoke alarms

Claims and awards in Tenancy Tribunal application 5444232 — net $9,118.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2026	$3,834.28	Rent arrears to 31 May 2026
Cleaning: and rubbish removal	$460.00	Cleaning: and rubbish removal
Bailiff and enforcement costs	$334.00	Bailiff and enforcement costs
Repairs and replacement light bulbs, smoke alarms and curtains	$4,490.55	Repairs and replacement light bulbs, smoke alarms and curtains
Net award	$9,118.83
Total payable by Tenant to Landlord	$9,118.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rochelle Johns must pay [The landlord/s] $9,118.83 immediately which is rent arrears to 31 May 2026, compensation for cleaning and damages to the property, as calculated and shown in the table below: DescriptionLandlord Rent arrears to 31 May 2026.$3,834.28 Cleaning: and rubbish removal$460.00 Bailiff and enforcement costs$334.00 Repairs and replacement light bulbs, smoke alarms and curtains $4,490.55 Total award$9,118.83 Total payable by Tenant to Landlord$9,118.83

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant did not attend the previous hearing either. The tenant has not communicated with the Tribunal seeking an adjournment and was served with the notice of hearing. I am proceeding with the hearing in the absence if the tenant.
This is the second hearing of this landlord claim. On 16 April 2026, the Tribunal terminated the tenancy effective immediately and awarded rent arrears of $10,021.42 and reimbursed the filing fee.
This hearing was to finalise the vacate costs and damages.
The tenant did not leave the property as required under the Tribunal termination Order and eventually the landlord had to apply for the services of a bailiff to evict the tenant. The debt had to be pursued through the district court and the landlord incurred fees for the evict and enforcement costs. The landlord seeks to recover these costs from the tenant.
The landlord has provided the cost of the bailiff and enforcement fees of $267.00 and $67.00. I am satisfied that the landlord has proven their claim for the bailiff and enforcement costs incurred by the landlord. Rent arrears from 17 April 2026 to 31 May 2026.
The Tribunal order terminated the tenancy as of 11.59pm on 16 th April 2026. The Tribunal had awarding rent arrears up to 16 th April 2026 in the previous order of 16 th April 2026.
The tenant did not leave the property, and the landlord had to engage the services of the court bailiff. The tenant was eventually evicted on 31 May 2026, which is 6 weeks and 2 days past the termination date. The landlord seeks to claim the additional rent for those 6 weeks and two days, which amounts to $3834.28. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
I am satisfied that the landlord has proven their claim for rent arrears.

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 detailed exit inspection photos that show the property was not left in a reasonable clean and tidy condition. There were discarded household items and rubbish left inside and outside the property. The property was not left clean inside, and the carpets were heavily stained.
The landlord provided a quote for $460 for the cost of cleaning the property and carpets.
The landlord had to replace light bulbs and smoke alarm and batteries. The cost of these items was included in the invoice from JamBuilt Construction dated 2 June 2026.
I am satisfied that landlord has proven his claims for the cleaning, carpet cleaning, rubbish removal and replacement light bulbs and smoke alarms.
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.
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: -Damage to the two interior doors in bathroom and bedroom 2. Replaced and painted doors. -Patch large holes in bedroom 3. -Curtains were mouldy and some curtains and curtain rails had been removed.
The landlord provided photos from the exit inspection to show the damaged walls and doors, missing curtains, and rails. The landlord also provided the invoice from Jambuilt Construction dated 2 June 2026 for $4490.55 to repair the damage and replace the missing items.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven his claim for the cost of the damage to the property.
The amounts ordered are proved. Exemplary damages and interest on rent owed and additional rent during work to be carried out: Exemplary Damages for Breaching Tribunal Order and Tenancy Agreement
Section 109 of the RTA allows the Tribunal to award exemplary damages for certain unlawful acts expressly set out in the Act. While failing to comply with a Tribunal order or remaining in the premises after termination may be a breach of the tenancy agreement, not all breaches are unlawful acts for which exemplary damages can be awarded. The relevant unlawful act would be under section 40(3A), which relates to a tenant failing to vacate after termination.
In considering whether exemplary damages should be awarded, the Tribunal must apply the statutory test in section 109(3), considering the tenant’s intent, the effect of the breach, the interests of the landlord, the public interest, and whether it is just to make the award.
In this case, while the tenant did not vacate as required, I am not satisfied that an award of exemplary damages is appropriate. I do not consider it just to make an award in this instance. The claim for exemplary damages is therefore declined. Interest on Rent Owed
The Residential Tenancies Act 1986 does not provide for the automatic award of interest on unpaid rent or other sums owed under a tenancy agreement. The Tribunal does not have jurisdiction to award interest unless specifically provided for in the Act or by agreement between the parties. As there is no such provision or agreement in this case, the landlord’s claim for interest is declined. Additional Rent for the Period Work Was Carried Out
The landlord also seeks additional rent for the period after the eviction, during which repairs were carried out to remedy damage caused by the tenant. Under section 77(2)(k) of the RTA, the Tribunal may order the tenant to pay any sum found to be owing to the landlord, including rent in arrears or damages. However, once the tenancy has ended and the landlord has regained possession, the tenant is not liable for rent unless they have unlawfully remained in possession or otherwise prevented the landlord from re-letting the premises.
If the need for repairs directly resulted from the tenant’s breach (e.g., intentional, or careless damage), the landlord may claim compensation for loss of rent or loss of use during the repair period.
In this case, as the landlord has already been awarded damages for the cost of repairs, and the tenancy had ended, I am not satisfied that further rent is payable for the repair period unless there is clear evidence that the tenant’s actions directly prevented the landlord from re-letting the premises. The claim for additional rent for the repair period is therefore declined. Filing Fee/ Bond/ Suppression:
The landlord has applied for suppression of her name and details and as she has been successful, I am granting her suppression.
The bond has already been refunded to the landlord after the last hearing. The filing fee was also awarded in the last hearing.

Claims and awards in Tenancy Tribunal application 5444232 — net $9,118.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2026	$3,834.28	Rent arrears to 31 May 2026
Cleaning: and rubbish removal	$460.00	Cleaning: and rubbish removal
Bailiff and enforcement costs	$334.00	Bailiff and enforcement costs
Repairs and replacement light bulbs, smoke alarms and curtains	$4,490.55	Repairs and replacement light bulbs, smoke alarms and curtains
Net award	$9,118.83
Total payable by Tenant to Landlord	$9,118.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rochelle Johns must pay [The landlord/s] $9,118.83 immediately which is rent arrears to 31 May 2026, compensation for cleaning and damages to the property, as calculated and shown in the table below: DescriptionLandlord Rent arrears to 31 May 2026.$3,834.28 Cleaning: and rubbish removal$460.00 Bailiff and enforcement costs$334.00 Repairs and replacement light bulbs, smoke alarms and curtains $4,490.55 Total award$9,118.83 Total payable by Tenant to Landlord$9,118.83

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant did not attend the previous hearing either. The tenant has not communicated with the Tribunal seeking an adjournment and was served with the notice of hearing. I am proceeding with the hearing in the absence if the tenant.
This is the second hearing of this landlord claim. On 16 April 2026, the Tribunal terminated the tenancy effective immediately and awarded rent arrears of $10,021.42 and reimbursed the filing fee.
This hearing was to finalise the vacate costs and damages.
The tenant did not leave the property as required under the Tribunal termination Order and eventually the landlord had to apply for the services of a bailiff to evict the tenant. The debt had to be pursued through the district court and the landlord incurred fees for the evict and enforcement costs. The landlord seeks to recover these costs from the tenant.
The landlord has provided the cost of the bailiff and enforcement fees of $267.00 and $67.00. I am satisfied that the landlord has proven their claim for the bailiff and enforcement costs incurred by the landlord. Rent arrears from 17 April 2026 to 31 May 2026.
The Tribunal order terminated the tenancy as of 11.59pm on 16 th April 2026. The Tribunal had awarding rent arrears up to 16 th April 2026 in the previous order of 16 th April 2026.
The tenant did not leave the property, and the landlord had to engage the services of the court bailiff. The tenant was eventually evicted on 31 May 2026, which is 6 weeks and 2 days past the termination date. The landlord seeks to claim the additional rent for those 6 weeks and two days, which amounts to $3834.28. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
I am satisfied that the landlord has proven their claim for rent arrears.

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 detailed exit inspection photos that show the property was not left in a reasonable clean and tidy condition. There were discarded household items and rubbish left inside and outside the property. The property was not left clean inside, and the carpets were heavily stained.
The landlord provided a quote for $460 for the cost of cleaning the property and carpets.
The landlord had to replace light bulbs and smoke alarm and batteries. The cost of these items was included in the invoice from JamBuilt Construction dated 2 June 2026.
I am satisfied that landlord has proven his claims for the cleaning, carpet cleaning, rubbish removal and replacement light bulbs and smoke alarms.
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.
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: -Damage to the two interior doors in bathroom and bedroom 2. Replaced and painted doors. -Patch large holes in bedroom 3. -Curtains were mouldy and some curtains and curtain rails had been removed.
The landlord provided photos from the exit inspection to show the damaged walls and doors, missing curtains, and rails. The landlord also provided the invoice from Jambuilt Construction dated 2 June 2026 for $4490.55 to repair the damage and replace the missing items.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven his claim for the cost of the damage to the property.
The amounts ordered are proved. Exemplary damages and interest on rent owed and additional rent during work to be carried out: Exemplary Damages for Breaching Tribunal Order and Tenancy Agreement
Section 109 of the RTA allows the Tribunal to award exemplary damages for certain unlawful acts expressly set out in the Act. While failing to comply with a Tribunal order or remaining in the premises after termination may be a breach of the tenancy agreement, not all breaches are unlawful acts for which exemplary damages can be awarded. The relevant unlawful act would be under section 40(3A), which relates to a tenant failing to vacate after termination.
In considering whether exemplary damages should be awarded, the Tribunal must apply the statutory test in section 109(3), considering the tenant’s intent, the effect of the breach, the interests of the landlord, the public interest, and whether it is just to make the award.
In this case, while the tenant did not vacate as required, I am not satisfied that an award of exemplary damages is appropriate. I do not consider it just to make an award in this instance. The claim for exemplary damages is therefore declined. Interest on Rent Owed
The Residential Tenancies Act 1986 does not provide for the automatic award of interest on unpaid rent or other sums owed under a tenancy agreement. The Tribunal does not have jurisdiction to award interest unless specifically provided for in the Act or by agreement between the parties. As there is no such provision or agreement in this case, the landlord’s claim for interest is declined. Additional Rent for the Period Work Was Carried Out
The landlord also seeks additional rent for the period after the eviction, during which repairs were carried out to remedy damage caused by the tenant. Under section 77(2)(k) of the RTA, the Tribunal may order the tenant to pay any sum found to be owing to the landlord, including rent in arrears or damages. However, once the tenancy has ended and the landlord has regained possession, the tenant is not liable for rent unless they have unlawfully remained in possession or otherwise prevented the landlord from re-letting the premises.
If the need for repairs directly resulted from the tenant’s breach (e.g., intentional, or careless damage), the landlord may claim compensation for loss of rent or loss of use during the repair period.
In this case, as the landlord has already been awarded damages for the cost of repairs, and the tenancy had ended, I am not satisfied that further rent is payable for the repair period unless there is clear evidence that the tenant’s actions directly prevented the landlord from re-letting the premises. The claim for additional rent for the repair period is therefore declined. Filing Fee/ Bond/ Suppression:
The landlord has applied for suppression of her name and details and as she has been successful, I am granting her suppression.
The bond has already been refunded to the landlord after the last hearing. The filing fee was also awarded in the last hearing.

Tenancy Tribunal case 5444232 — Smoke alarms at 4 Peppertree Glade, Kelvin Grove, Palmerston North 4414

At a glance

Tenancy Tribunal case 5444232 — Smoke alarms at 4 Peppertree Glade, Kelvin Grove, Palmerston North 4414

At a glance

Award balance

Claims & awards

Order

Reasons

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

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