What was the outcome of Tenancy Tribunal case 5247271?

The tribunal order states: Stacey Lee Andrews must pay Nisbet Holding 2024 Limited (T/A Rental

How much money was awarded in case 5247271?

Cleaning: $845.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,875.00 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Water Rates: $277.16 awarded to landlord

What type of tenancy dispute was case 5247271?

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

Where can I read the official tribunal order for case 5247271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12348765-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5247271?

The tribunal order states: Stacey Lee Andrews must pay Nisbet Holding 2024 Limited (T/A Rental

How much money was awarded in case 5247271?

Cleaning: $845.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,875.00 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Water Rates: $277.16 awarded to landlord

What type of tenancy dispute was case 5247271?

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

Where can I read the official tribunal order for case 5247271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12348765-Tenancy_Tribunal_Order.pdf.

46 Karoro Road, One Tree Point, One Tree Point 0118 Tenancy Tribunal Case 5247271 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5247271 — net $2,124.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Water rates	$277.16	Water rates
Cleaning	$845.00	Cleaning
Repairs	$1,875.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,124.16
Total payable by Tenant to Landlord	$2,124.16

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. 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 to the tenant.

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

How much is owed for rent and water rates?

The tenancy ended on 28 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,500.00 for rent and $277.16 for water rates.

The bond has been paid to the landlord and that is included in the calculation of the amount owing by the 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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos showing that the premises had not been left reasonably clean and tidy and an invoice for cleaning. The tenant had previously approved the amount claimed for cleaning

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 excess on the landlord’s policy of insurance is $2,500.00.

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; eight sets of roller blinds were damaged. The blinds were new at the commencement of the tenancy. The contractor who had initially installed the blinds, said that the nature of the damage to the blinds was such that it could only be caused where a party had used significant force in the use of the blinds and also where the blinds have been damaged by gusts of wind, where windows have been left open. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The claim is for repair costs of $1,875.00 rather than replacement.

The amounts ordered are proved.

As Nisbet Holding 2024 Limited (T/A Rental Solutions) has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5247271 — net $2,124.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Water rates	$277.16	Water rates
Cleaning	$845.00	Cleaning
Repairs	$1,875.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,124.16
Total payable by Tenant to Landlord	$2,124.16

Order

Stacey Lee Andrews must pay Nisbet Holding 2024 Limited (T/A Rental Solutions) $2,124.16 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. 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 to the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 28 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,500.00 for rent and $277.16 for water rates.
The bond has been paid to the landlord and that is included in the calculation of the amount owing by the 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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos showing that the premises had not been left reasonably clean and tidy and an invoice for cleaning. The tenant had previously approved the amount claimed for cleaning

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 excess on the landlord’s policy of insurance is $2,500.00.
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; eight sets of roller blinds were damaged. The blinds were new at the commencement of the tenancy. The contractor who had initially installed the blinds, said that the nature of the damage to the blinds was such that it could only be caused where a party had used significant force in the use of the blinds and also where the blinds have been damaged by gusts of wind, where windows have been left open. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim is for repair costs of $1,875.00 rather than replacement.
The amounts ordered are proved.
As Nisbet Holding 2024 Limited (T/A Rental Solutions) has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5247271 — Property damage at 46 Karoro Road, One Tree Point, One Tree Point 0118

At a glance

Tenancy Tribunal case 5247271 — Property damage at 46 Karoro Road, One Tree Point, One Tree Point 0118

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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

Property management

Frequently asked questions