What was Tenancy Tribunal case 5494810 about?

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

How much money was awarded in case 5494810?

Cleaning: $175.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $385.25 awarded to landlord; Property Damage: $132.25 awarded to landlord; Property Damage: $8,450.00 awarded to landlord; Bathroom Window: $419.26 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord

What type of tenancy dispute was case 5494810?

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

Where can I read the official tribunal order for case 5494810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14134982-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5494810 about?

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

How much money was awarded in case 5494810?

Cleaning: $175.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $385.25 awarded to landlord; Property Damage: $132.25 awarded to landlord; Property Damage: $8,450.00 awarded to landlord; Bathroom Window: $419.26 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord

What type of tenancy dispute was case 5494810?

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

Where can I read the official tribunal order for case 5494810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14134982-Tenancy_Tribunal_Order.pdf.

35 Vodanovich Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5494810 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5494810 — net $9,819.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$230.00	Rubbish removal
Cleaning	$175.00	Cleaning
Lock/key replacement	$385.25	Lock/key replacement
Lock/key replacement	$132.25	Lock/key replacement
13 Insurance excess x each	$8,450.00	13 Insurance excess x each
Repairs: bathroom window	$419.26	Repairs: bathroom window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,819.76
Total payable by Tenant to Landlord	$9,819.76

The landlord represented by Ms Williams and with support from Ms Burnie attended the hearing.

The tenant did not attend the hearing. The tenant was served notice of the hearing to her email address which is an address for service on her tenancy agreement. I am satisfied service requirements have been met. The hearing was conducted in the tenant’s absence.

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

The parties signed a one-year fixed-term tenancy-agreement beginning on 24 March 2025 and ending on 23 March 2026. The tenancy then ended on 21 April 2026 following an Order terminating the tenancy for rent arrears.

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 “RTA”).

At the end of the tenancy, the tenant left belongings and rubbish throughout the premises. The premises were damaged and very unclean.

The tenant did not return the keys.

The landlord provided photographs of the premises at the start of the tenancy and at the end of the tenancy, and invoices for cleaning, rubbish removal, and replacement of the locks at the end of the tenancy.

The landlord is also claiming a callout fee to gain entry during the tenancy in order to conduct an inspection. The tenant had repeatedly failed to attend to allow the landlord access.

The claims and 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 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.

At the start of the tenancy, the premises were presented with good quality fittings throughout, and in very clean and tidy condition.

The landlord claims the tenant caused a large amount of damage at the premises. The landlord provided oral evidence, photographs and invoices in support of their claims. The damage exceeds fair wear and tear.

Of the landlord’s claims, I find the crack to the bathroom window was careless. The landlord’s claim for this amounts to $419.26.

The remainder of the claims I consider to be damage caused intentionally. The landlord is claiming thirteen amounts of the insurance excess of $650.00 for these claims. The thirteen claims are as follows: (1) An entire cupboard around the void for the fridge was removed. The replacement cost was $2,845.25. (2) The steel bath had been holed. Repair cost was $1,138.50. (3-7) The carpet in the hallway, bedrooms one, two, three and four were heavily damaged with burns and stains. Replacement cost for each was $1960.75, $1,502.82, $1,548.36, $1,290.30, $2,519.88 respectively. (8) The polished wooden floor was heavily gouged. The repair cost was $3,698.86. (9) The laminate on the bathroom vanity was cracked and broken. A replacement vanity cost $1,315.60. (10 – 13) The drapes in bedrooms 2, 3 and 4 (two in bedroom 4) were torn or cut and stained. The replacement costs were $917.13, $1,233.38, $1,581.25 and $1233.28 respectively.

By the end of the tenancy the carpet was approximately four years old, and the drapes were approximately one and a half years old.

After applying depreciation to each of the claims, I am satisfied that the insurance excess for each of the 13 claims is less than the residual value of each of the items. Therefore in each case, the amount ordered is the insurance excess of $650.00. Multiplied by 13, this totals $8,450.00.

The amounts ordered are proved.

Because Barfoot & Thompson Limited As Agent For Sandra & Alan Flood has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5494810 — net $9,819.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$230.00	Rubbish removal
Cleaning	$175.00	Cleaning
Lock/key replacement	$385.25	Lock/key replacement
Lock/key replacement	$132.25	Lock/key replacement
13 Insurance excess x each	$8,450.00	13 Insurance excess x each
Repairs: bathroom window	$419.26	Repairs: bathroom window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,819.76
Total payable by Tenant to Landlord	$9,819.76

The landlord represented by Ms Williams and with support from Ms Burnie attended the hearing.

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

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

At the end of the tenancy, the tenant left belongings and rubbish throughout the premises. The premises were damaged and very unclean.

The tenant did not return the keys.

The landlord is also claiming a callout fee to gain entry during the tenancy in order to conduct an inspection. The tenant had repeatedly failed to attend to allow the landlord access.

The claims and amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

At the start of the tenancy, the premises were presented with good quality fittings throughout, and in very clean and tidy condition.

Of the landlord’s claims, I find the crack to the bathroom window was careless. The landlord’s claim for this amounts to $419.26.

By the end of the tenancy the carpet was approximately four years old, and the drapes were approximately one and a half years old.

The amounts ordered are proved.

Because Barfoot & Thompson Limited As Agent For Sandra & Alan Flood has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5494810 — Property damage at 35 Vodanovich Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5494810 — Property damage at 35 Vodanovich Road, Te Atatu South, Auckland 0610

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.