What was Tenancy Tribunal case 5463875 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 5463875?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Carpet: $200.00 awarded to landlord; Kitchen Bench, Drawer: $300.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5463875?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5463875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13741125-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5463875 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 5463875?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Carpet: $200.00 awarded to landlord; Kitchen Bench, Drawer: $300.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5463875?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5463875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13741125-Tribunal_Order_Redacted.pdf.

18 McAnnalley Street, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5463875 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5463875 — net $7,728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,000.00	Rubbish removal
Cleaning	$1,200.00	Cleaning
Repairs: Wall damage	$2,500.00	Repairs: Wall damage
Window repairs	$1,500.00	Window repairs
Repairs: Carpet	$200.00	Repairs: Carpet
Repairs: kitchen bench, drawer	$300.00	Repairs: kitchen bench, drawer
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,728.00
Total payable by Tenant to Landlord	$7,728.00

The landlord attended the hearing held on 12 June 2026. The tenant did not attend the hearing.

The Tribunal made an order 1 on 8 January 2026 which terminated the tenancy, awarded rent arrears and water and released the bond to the landlord.

The landlord has applied for compensation due to damage following the end of the tenancy.

The tenant was removed from the tenancy following the involvement of the Bailiff on 10 February 2026.

The landlord has not carried out any repairs or cleaning that he is claiming but I am told that he has begun to remove the rubbish. The reason given is that the landlord does not have the money to carry out the work required.

The landlord has produced a quote for work required at the premises, but that quote includes significant work, such as “full renovation and reinstatement of damaged kitchen areas, including cabinetry, benchtops, fittings and fixtures where required”, “full renovation and repair of damaged bathroom areas, including sanitary fittings, vanities, wall linings, waterproofing, and fixtures where required”.

The tenant is only liable for damage they have caused beyond fair wear and tear. The landlord can only claim for costs that are a direct result of the tenant’s breach of this obligation. Renovations such as upgrading the bathroom and kitchen are considered improvements or betterment, not repairs for tenant- caused damage. These are the landlord’s responsibility and are not recoverable from the tenant unless the work is required to remedy specific damage caused by the tenant.

The quote is not itemised and therefore I have had to rely on the evidence produced by the landlord. The landlord has the burden of proving both the existence and the cost of the loss caused by the tenant.

The landlord has provided an ingoing inspection report dated 25 February 2022 and an outgoing inspection report dated 10 February 2026. This evidence has been carefully considered to determine what damage is likely to have been caused by this tenant.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. 1 TT5382062

I have awarded for cleaning and rubbish removal after considering the outgoing inspection report.

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 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: multiple wall holes which have been patched in lounge, garage, bedrooms, and kitchen; multiple broken windows in laundry, lounge, garage, and bedrooms; two broken window frames, benchtop damage and missing drawer; carpet damage. 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.

The only damage in the kitchen is in relation to two small wall holes, the missing drawer and the benchtop. I have applied significant depreciation to the benchtop which showed some surface damage at the beginning of the tenancy and where there was no evidence of its age. The general condition of the kitchen at the beginning of the tenancy was poor.

There is some damage on the wall to the left of the toilet in the bathroom and at the base of the toilet. On the evidence it seems that this damage is due to water ingress. The paint has peeled significantly. The damage around the base of the toilet is due to water damage as can be seen from the mouldy and swollen skirting board. I have not awarded for any bathroom damage.

The quote includes replacement of damaged floor coverings including carpet and underlay in affected rooms. The only damaged floor covering in the report is the damaged carpet in the garage. There was no evidence provided of the age of the carpet. I note from the ingoing inspection report that the carpet at the beginning of the tenancy was in bad condition with multiple stains. The only carpet that I have awarded for is the small area of damage in the garage. I note that this tenancy was for four years so the heavily stained carpet from the beginning of the tenancy is another four years older. The lifespan of carpet can be eight years depending on the quality and usage.

The quote includes electrical and plumbing repairs but there is no tenant damage that would require the involvement of an electrician or plumber other than replacement of the kitchen bench which I have mentioned above.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5463875 — net $7,728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,000.00	Rubbish removal
Cleaning	$1,200.00	Cleaning
Repairs: Wall damage	$2,500.00	Repairs: Wall damage
Window repairs	$1,500.00	Window repairs
Repairs: Carpet	$200.00	Repairs: Carpet
Repairs: kitchen bench, drawer	$300.00	Repairs: kitchen bench, drawer
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,728.00
Total payable by Tenant to Landlord	$7,728.00

The landlord attended the hearing held on 12 June 2026. The tenant did not attend the hearing.

The Tribunal made an order 1 on 8 January 2026 which terminated the tenancy, awarded rent arrears and water and released the bond to the landlord.

The landlord has applied for compensation due to damage following the end of the tenancy.

The tenant was removed from the tenancy following the involvement of the Bailiff on 10 February 2026.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. 1 TT5382062

I have awarded for cleaning and rubbish removal after considering the outgoing inspection report.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5463875 — Property damage at 18 McAnnalley Street, Manurewa East, Auckland 2102

At a glance

Tenancy Tribunal case 5463875 — Property damage at 18 McAnnalley Street, Manurewa East, Auckland 2102

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