What was Tenancy Tribunal case 5455227 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 5455227?

Rubbish Removal: $1,610.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $500.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $862.00 awarded to landlord; Garage Door: $184.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5455227?

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

Where can I read the official tribunal order for case 5455227?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13844988-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5455227 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 5455227?

Rubbish Removal: $1,610.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $500.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $862.00 awarded to landlord; Garage Door: $184.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5455227?

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

Where can I read the official tribunal order for case 5455227?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13844988-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5455227 — Property damage

Claims and awards in Tenancy Tribunal application 5455227 — net $5,164.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$500.00	Rent arrears
Repairs: Carpet and underlay insurance excess	$3,000.00	Repairs: Carpet and underlay insurance excess
Cleaning: House and garden and rubbish removal	$1,610.00	Cleaning: House and garden and rubbish removal
Repairs: Painting (insurance excess	$1,500.00	Repairs: Painting (insurance excess
Repairs: Garage door	$184.00	Repairs: Garage door
Repairs: Driveway damage	$862.00	Repairs: Driveway damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,164.00
Total payable by Tenant to Landlord	$5,164.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] $5,164.00 immediately, being rent arrears to 8 April 2026.
The Bond centre shall pay the Landlord $2520.00 immediately.

Reasons

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

The tenancy ended on 8 April 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. The claim for the insurance excess for rent arrears is proved.

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 stated the house was left in a filthy condition. There was rubbish left in drawers, dirty drains and light fittings, an excessive amount of dog faeces outside, dirty laundry and there were wheelie bins which were full of rubbish. There were also cigarette butts that needed picking up and rubbish requiring removal. The gardens required weeding and trimming of plants. The grass in the front lawn required repair because of a pool that was placed on it. An invoice and photographs were provided of the exit inspection to prove the costs.
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.
During the tenancy, damage was caused to the walls, carpet, driveway, and garage door. As a result, the Landlord made an insurance claim and incurred the applicable insurance excess for the walls and carpet.
The evidence showed that the Tenants caused damage to the garage door. The driveway sustained burnout marks and holes. The walls in the children's bedrooms contained multiple holes and other damage, some of which had been concealed behind pictures, requiring repainting. The carpet had new stains that were not present at the commencement of the tenancy and was heavily soiled with dog urine. While staining alone may not have required full replacement, the persistent odour caused by the dog urine rendered the carpet replacement.
In support of these claims, the Landlord provided photographs of the damage, the ingoing inspection report, invoices, and insurance correspondence.
In considering the evidence, the damage exceeds fair wear and tear. The Tenants have not provided evidence to disprove their liability for the damage.
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 carpet and underlay being 4 years old at the start of the tenancy and their likely useful lifespan. The insurance excess was $6000.00 for the carpet which I have halved given the useful life span is 8 years. Breaklease fee
The Landlord claimed a break lease fee on the basis that the Tenants ended the fixed-term tenancy early. The tenancy agreement provided that the fixed term was to expire on 9 April 2026. The evidence indicates that the Tenants vacated the premises on 8 April 2026, one day before the expiry of the fixed term. The Landlord did not provide a full breakdown of how many viewings they conducted or receipts for the fees from Trademe to advertise.
In the circumstances, I do not consider it reasonable to award a break lease fee for a tenancy that ended only one day early.
This claim is dismissed. Gutter materials
The Landlord claimed the cost of materials to repair the gutter. However, the photographs provided were not sufficiently clear to establish the nature or extent of the alleged damage. There was also no evidence to show that the gutter was undamaged at the start of the tenancy.
For this reason, the claim is dismissed. Landlords preparation
The Landlord also claimed reimbursement for the time and costs incurred in preparing for the hearing. Such work is considered part of the ordinary functions of a property manager and is not a recoverable cost in these proceedings. The claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim the tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 5455227 — net $5,164.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$500.00	Rent arrears
Repairs: Carpet and underlay insurance excess	$3,000.00	Repairs: Carpet and underlay insurance excess
Cleaning: House and garden and rubbish removal	$1,610.00	Cleaning: House and garden and rubbish removal
Repairs: Painting (insurance excess	$1,500.00	Repairs: Painting (insurance excess
Repairs: Garage door	$184.00	Repairs: Garage door
Repairs: Driveway damage	$862.00	Repairs: Driveway damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,164.00
Total payable by Tenant to Landlord	$5,164.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] $5,164.00 immediately, being rent arrears to 8 April 2026.
The Bond centre shall pay the Landlord $2520.00 immediately.

Reasons

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

The tenancy ended on 8 April 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. The claim for the insurance excess for rent arrears is proved.

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 stated the house was left in a filthy condition. There was rubbish left in drawers, dirty drains and light fittings, an excessive amount of dog faeces outside, dirty laundry and there were wheelie bins which were full of rubbish. There were also cigarette butts that needed picking up and rubbish requiring removal. The gardens required weeding and trimming of plants. The grass in the front lawn required repair because of a pool that was placed on it. An invoice and photographs were provided of the exit inspection to prove the costs.
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.
During the tenancy, damage was caused to the walls, carpet, driveway, and garage door. As a result, the Landlord made an insurance claim and incurred the applicable insurance excess for the walls and carpet.
The evidence showed that the Tenants caused damage to the garage door. The driveway sustained burnout marks and holes. The walls in the children's bedrooms contained multiple holes and other damage, some of which had been concealed behind pictures, requiring repainting. The carpet had new stains that were not present at the commencement of the tenancy and was heavily soiled with dog urine. While staining alone may not have required full replacement, the persistent odour caused by the dog urine rendered the carpet replacement.
In support of these claims, the Landlord provided photographs of the damage, the ingoing inspection report, invoices, and insurance correspondence.
In considering the evidence, the damage exceeds fair wear and tear. The Tenants have not provided evidence to disprove their liability for the damage.
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 carpet and underlay being 4 years old at the start of the tenancy and their likely useful lifespan. The insurance excess was $6000.00 for the carpet which I have halved given the useful life span is 8 years. Breaklease fee
The Landlord claimed a break lease fee on the basis that the Tenants ended the fixed-term tenancy early. The tenancy agreement provided that the fixed term was to expire on 9 April 2026. The evidence indicates that the Tenants vacated the premises on 8 April 2026, one day before the expiry of the fixed term. The Landlord did not provide a full breakdown of how many viewings they conducted or receipts for the fees from Trademe to advertise.
In the circumstances, I do not consider it reasonable to award a break lease fee for a tenancy that ended only one day early.
This claim is dismissed. Gutter materials
The Landlord claimed the cost of materials to repair the gutter. However, the photographs provided were not sufficiently clear to establish the nature or extent of the alleged damage. There was also no evidence to show that the gutter was undamaged at the start of the tenancy.
For this reason, the claim is dismissed. Landlords preparation
The Landlord also claimed reimbursement for the time and costs incurred in preparing for the hearing. Such work is considered part of the ordinary functions of a property manager and is not a recoverable cost in these proceedings. The claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim the tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 5455227 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5455227 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent 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

Frequently asked questions