What was Tenancy Tribunal case 5486735 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 5486735?

Filing Fee: $28.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $2,998.00 awarded to landlord; Storage Of Tenant Belongings, Remova…: $830.00 awarded to landlord; Property Damage: $1,090.00 awarded to landlord

What type of tenancy dispute was case 5486735?

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

Where can I read the official tribunal order for case 5486735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13894436-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5486735 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 5486735?

Filing Fee: $28.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $2,998.00 awarded to landlord; Storage Of Tenant Belongings, Remova…: $830.00 awarded to landlord; Property Damage: $1,090.00 awarded to landlord

What type of tenancy dispute was case 5486735?

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

Where can I read the official tribunal order for case 5486735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13894436-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5486735 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5486735 — net $5,076.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,998.00	Rent arrears
Window repairs: and mirror	$1,090.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $1,090.00 in compensation.
Lock/key replacement	$130.00	Lock/key replacement
Storage of tenant belongings, removal and disposal	$830.00	Storage of tenant belongings, removal and disposal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,076.00
Total payable by Tenant to Landlord	$5,076.00

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

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

The claims for termination of the tenancy were withdrawn.

How much is owed for rent?

The tenancy ended on 5 June 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,998.00.

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 for $130.00 from the locksmith.

The amount ordered is proven.

The landlord applied for compensation in arranging for the premises to be unlocked so that the tenant could remove items of belongings and then locked again. The invoice provided for this is dated 24 May 2026. The invoice refers to the work having been done on “Wednesday 27”. The tenancy did not end until 5 June 2026. The landlord was not entitled to charge for the costs claimed during the term of the tenancy. The claim is dismissed.

The landlord seeks compensation for methamphetamine testing and cleaning. No evidence of methamphetamine contamination or testing was provided. The burden of proof in this matter is on the landlord. The claim is dismissed for lack of evidence.

The landlord seeks compensation for the removal of tenant goods, storage costs and subsequent disposal. An invoice for $830.00 was provided. The landlord indicated that these costs exceeded the value of the goods. The goods were stored by the landlord for 35 days. The claim is reasonable and is proven.

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: The landlord says that the tenant deliberately damaged three windows and a mirror in a fit of rage. The damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $1,090.00 in compensation.

The amounts ordered are proven.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord's name and details is ordered.

Claims and awards in Tenancy Tribunal application 5486735 — net $5,076.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,998.00	Rent arrears
Window repairs: and mirror	$1,090.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $1,090.00 in compensation.
Lock/key replacement	$130.00	Lock/key replacement
Storage of tenant belongings, removal and disposal	$830.00	Storage of tenant belongings, removal and disposal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,076.00
Total payable by Tenant to Landlord	$5,076.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $5,076.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The claims for termination of the tenancy were withdrawn.

How much is owed for rent?

The tenancy ended on 5 June 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,998.00.

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 for $130.00 from the locksmith.
The amount ordered is proven.
The landlord applied for compensation in arranging for the premises to be unlocked so that the tenant could remove items of belongings and then locked again. The invoice provided for this is dated 24 May 2026. The invoice refers to the work having been done on “Wednesday 27”. The tenancy did not end until 5 June 2026. The landlord was not entitled to charge for the costs claimed during the term of the tenancy. The claim is dismissed.
The landlord seeks compensation for methamphetamine testing and cleaning. No evidence of methamphetamine contamination or testing was provided. The burden of proof in this matter is on the landlord. The claim is dismissed for lack of evidence.
The landlord seeks compensation for the removal of tenant goods, storage costs and subsequent disposal. An invoice for $830.00 was provided. The landlord indicated that these costs exceeded the value of the goods. The goods were stored by the landlord for 35 days. The claim is reasonable and is proven.

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: The landlord says that the tenant deliberately damaged three windows and a mirror in a fit of rage. The damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $1,090.00 in compensation.
The amounts ordered are proven.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord's name and details is ordered.

Tenancy Tribunal case 5486735 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5486735 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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