How much money was awarded in case 5470815?

Property Damage: $387.25 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Water Rates: $1,053.13 awarded to landlord

What type of tenancy dispute was case 5470815?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5470815?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13548222-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5470815?

Property Damage: $387.25 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Water Rates: $1,053.13 awarded to landlord

What type of tenancy dispute was case 5470815?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5470815?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13548222-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5470815 — Property damage

Q: What was Tenancy Tribunal case 5470815 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5470815 — net $2,490.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates and electricity	$1,053.13	3. The landlord has applied for power and water rates arrears, compensation, and refund of the bond following the end of the tenancy.
Lock/key replacement	$387.25	Lock/key replacement
Repairs: Insurance excess	$2,250.00	Repairs: Insurance excess
Net award	$2,490.38
Total payable by Tenant to Landlord	$2,490.38

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Stacey Maree Fox must pay [The landlord/s] $2,490.38 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,200.00 to [The landlord/s] immediately.

Reasons

Both parties attended the remote hearing on 4 May 2026.

The parties were given until 9 am on Tuesday 5 May 2026 to file further documents. The landlord provided photos in support of his application. The tenant did not file further documents.

The landlord has applied for power and water rates arrears, compensation, and refund of the bond following the end of the tenancy.

The burden of proving the claims is on the landlord. The landlord must prove the claims to the civil standard of the balance of probabilities. Is what the landlord claims more likely than not to be correct?

How much is owed for power and water rates?

I prefer the landlord’s evidence that the tenancy ended on 7 March 2026. The landlord provided power and water rates invoices which prove the amount owing at the end of the tenancy was $1,053.13.

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

At the end of the tenancy the tenant must return all keys and security devices, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the keys. The landlord provided an invoice from a locksmith for $387.25.

The amount ordered is proven and is reasonable.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $750.00 on each and every claim.

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 was caused to the walls in two of the bedrooms and the lounge. The landlord said that the damage appeared to have been caused by the tenant’s border. The tenant remains responsible for the actions of the border.

The landlord provided photos of the damage in support of the claim and an invoice for repairs of $3,070.00. The landlord is insured. The excess of $750.00 applies on claims in relation to each of the three rooms. The total excess amounting to $2,250.00. Compensation is limited to that sum. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5470815 — net $2,490.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates and electricity	$1,053.13	3. The landlord has applied for power and water rates arrears, compensation, and refund of the bond following the end of the tenancy.
Lock/key replacement	$387.25	Lock/key replacement
Repairs: Insurance excess	$2,250.00	Repairs: Insurance excess
Net award	$2,490.38
Total payable by Tenant to Landlord	$2,490.38

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Stacey Maree Fox must pay [The landlord/s] $2,490.38 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 to [The landlord/s] immediately.

Reasons

Both parties attended the remote hearing on 4 May 2026.
The parties were given until 9 am on Tuesday 5 May 2026 to file further documents. The landlord provided photos in support of his application. The tenant did not file further documents.
The landlord has applied for power and water rates arrears, compensation, and refund of the bond following the end of the tenancy.
The burden of proving the claims is on the landlord. The landlord must prove the claims to the civil standard of the balance of probabilities. Is what the landlord claims more likely than not to be correct?

How much is owed for power and water rates?

I prefer the landlord’s evidence that the tenancy ended on 7 March 2026. The landlord provided power and water rates invoices which prove the amount owing at the end of the tenancy was $1,053.13.

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

At the end of the tenancy the tenant must return all keys and security devices, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The landlord provided an invoice from a locksmith for $387.25.
The amount ordered is proven and is reasonable.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $750.00 on each and every claim.
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 was caused to the walls in two of the bedrooms and the lounge. The landlord said that the damage appeared to have been caused by the tenant’s border. The tenant remains responsible for the actions of the border.
The landlord provided photos of the damage in support of the claim and an invoice for repairs of $3,070.00. The landlord is insured. The excess of $750.00 applies on claims in relation to each of the three rooms. The total excess amounting to $2,250.00. Compensation is limited to that sum. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5470815 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5470815 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for power and water rates?

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 power and water rates?

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