What was Tenancy Tribunal case 5456370 about?

The tribunal order states: [The tenant/s] must pay Barfoot & Thompson Property Limited As Agent For Rml

How much money was awarded in case 5456370?

Break Lease Fee: $617.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting Walls: $7,555.50 awarded to landlord; Replace Blinds: $778.45 awarded to landlord; Replace Carpet: $4,477.49 awarded to landlord; Replace Hob: $883.20 awarded to landlord; Replace Laminate Flooring: $1,201.86 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Water Charges To End Of Tenancy: $103.22 awarded to landlord

What type of tenancy dispute was case 5456370?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5456370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13404255-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5456370 about?

The tribunal order states: [The tenant/s] must pay Barfoot & Thompson Property Limited As Agent For Rml

How much money was awarded in case 5456370?

Break Lease Fee: $617.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting Walls: $7,555.50 awarded to landlord; Replace Blinds: $778.45 awarded to landlord; Replace Carpet: $4,477.49 awarded to landlord; Replace Hob: $883.20 awarded to landlord; Replace Laminate Flooring: $1,201.86 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Water Charges To End Of Tenancy: $103.22 awarded to landlord

What type of tenancy dispute was case 5456370?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5456370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13404255-Tribunal_Order.pdf.

56B Nelson Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5456370 — Smoke alarms

Reasons

Claims and awards in Tenancy Tribunal application 5456370 — net $13,025.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break lease fee	$617.50	Break lease fee
Water charges to end of tenancy	$103.22	Water charges to end of tenancy
Replace smoke alarms	$99.95	Replace smoke alarms
Replace carpet	$4,477.49	Replace carpet
Replace blinds	$778.45	Replace blinds
Replace laminate flooring	$1,201.86	Replace laminate flooring
Replace hob	$883.20	Replace hob
Painting walls	$7,555.50	Painting walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,025.17
Total payable by Tenant to Landlord	$13,025.17

The landlord attended the hearing on 7 April 2026.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was for a fixed term from 30 May 2025 to 29 May 2026. The tenant vacated on 24 December 2025. Smoke Alarms

The tenant must not remove smoke alarms. The landlord provided evidence showing that the upstairs smoke alarm was there at the start of the tenancy but was removed and had to be replaced. Damage

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. A tenant is liable for the actions of people at the premises with their permission.

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. The weekly rent was $680.00. The insurance excess was $5,250.00.

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.

The carpets were badly stained at the end of the tenancy and had to be replaced. The carpets were brand new at the start of the tenancy. Cleaning the carpets probably would not have removed the stains. I accept that the carpets needed replacement.

The blinds had been written on and were crumpled. I accept that the blinds had to be replaced.

The timber laminate flooring in the living room and kitchen was scratched and was replaced. There is no evidence on which to base a finding that the scratches could have been repaired.

The laminate hob was cracked on one corner and was replaced. I accept that it would not have been possible to repair the hob.

The walls were damaged in the stairway and bedrooms. The invoice for painting stated that all walls had marks and stains, except for the downstairs toilet. It is not evident that every wall was damaged. Some of the damage shown in the photographs looks like scuffs that could have been cleaned.

I expressed concern about the amount claimed for painting at the hearing. Without the tenant’s attendance, and in the absence of any countervailing evidence, I have no basis to impose my own view of reasonable compensation. The landlord has been quoted a price and there are no other quotes to show it is unreasonable.

The property was new, and therefore, there is no basis for depreciation. I have considered whether the tenant’s liability is limited to the insurance excess of $5,250.00. The difficulty here is that, even if the excess is applied on a room-by- room basis, that still results in the tenant being liable for the full cost of wall repairs. I award the amount claimed for painting but would note that the landlord cannot recover more than the actual cost of repair from the tenant, if less than the quote. Break Lease

The landlord claimed $617.50 as a break lease fee when the tenant vacated prior to the end of the fixed term. This was based on charges for advertising and managing viewings which were itemised in an invoice. I award this amount. Filing Fee

The landlord’s application has succeeded. I award the filing fee.

Claims and awards in Tenancy Tribunal application 5456370 — net $13,025.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break lease fee	$617.50	Break lease fee
Water charges to end of tenancy	$103.22	Water charges to end of tenancy
Replace smoke alarms	$99.95	Replace smoke alarms
Replace carpet	$4,477.49	Replace carpet
Replace blinds	$778.45	Replace blinds
Replace laminate flooring	$1,201.86	Replace laminate flooring
Replace hob	$883.20	Replace hob
Painting walls	$7,555.50	Painting walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,025.17
Total payable by Tenant to Landlord	$13,025.17

Order

[The tenant/s] must pay Barfoot & Thompson Property Limited As Agent For Rml Group Limited $13,025.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (BN-00095506) to Barfoot & Thompson Property Limited As Agent For Rml Group Limited immediately.

Reasons

The landlord attended the hearing on 7 April 2026.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was for a fixed term from 30 May 2025 to 29 May 2026. The tenant vacated on 24 December 2025. Smoke Alarms
The tenant must not remove smoke alarms. The landlord provided evidence showing that the upstairs smoke alarm was there at the start of the tenancy but was removed and had to be replaced. Damage
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. A tenant is liable for the actions of people at the premises with their permission.
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. The weekly rent was $680.00. The insurance excess was $5,250.00.
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.
The carpets were badly stained at the end of the tenancy and had to be replaced. The carpets were brand new at the start of the tenancy. Cleaning the carpets probably would not have removed the stains. I accept that the carpets needed replacement.
The blinds had been written on and were crumpled. I accept that the blinds had to be replaced.
The timber laminate flooring in the living room and kitchen was scratched and was replaced. There is no evidence on which to base a finding that the scratches could have been repaired.
The laminate hob was cracked on one corner and was replaced. I accept that it would not have been possible to repair the hob.
The walls were damaged in the stairway and bedrooms. The invoice for painting stated that all walls had marks and stains, except for the downstairs toilet. It is not evident that every wall was damaged. Some of the damage shown in the photographs looks like scuffs that could have been cleaned.
I expressed concern about the amount claimed for painting at the hearing. Without the tenant’s attendance, and in the absence of any countervailing evidence, I have no basis to impose my own view of reasonable compensation. The landlord has been quoted a price and there are no other quotes to show it is unreasonable.
The property was new, and therefore, there is no basis for depreciation. I have considered whether the tenant’s liability is limited to the insurance excess of $5,250.00. The difficulty here is that, even if the excess is applied on a room-by- room basis, that still results in the tenant being liable for the full cost of wall repairs. I award the amount claimed for painting but would note that the landlord cannot recover more than the actual cost of repair from the tenant, if less than the quote. Break Lease
The landlord claimed $617.50 as a break lease fee when the tenant vacated prior to the end of the fixed term. This was based on charges for advertising and managing viewings which were itemised in an invoice. I award this amount. Filing Fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 5456370 — Smoke alarms at 56B Nelson Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5456370 — Smoke alarms at 56B Nelson Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions