What was the outcome of Tenancy Tribunal case 5425492?

The tribunal order states: Sharnese Simmonds must pay Quality Rental Management Limited $738.17

How much money was awarded in case 5425492?

Filing Fee: $28.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $908.57 awarded to landlord

What type of tenancy dispute was case 5425492?

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

Where can I read the official tribunal order for case 5425492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13667494-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5425492?

The tribunal order states: Sharnese Simmonds must pay Quality Rental Management Limited $738.17

How much money was awarded in case 5425492?

Filing Fee: $28.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $908.57 awarded to landlord

What type of tenancy dispute was case 5425492?

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

Where can I read the official tribunal order for case 5425492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13667494-Tenancy_Tribunal_Order.pdf.

4 Douglas Crescent, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5425492 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5425492 — net $738.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.11.2025	$908.57	Rent arrears to 15.11.2025
Repairs to bathroom	$287.50	Repairs to bathroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$738.17
Total payable by Tenant to Landlord	$738.17

Only the landlord attended the hearing. The tenant did not appear at the appointed time for the videoconference, and multiple phone calls went to voicemail. As the tenant has been notified, the hearing proceeded.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond, and the balance remaining is $485.90.

How much is owed for rent?

The landlord’s evidence is that the tenancy ended on 15 November 2025, before the end of the fixed term. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy. Compensation for damage Legal framework

The landlord claims compensation for damage. To be successful with such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Bathroom repair

The landlord claims $287.50 for repairs to the side of the bath. The landlord has provided photographic evidence and an invoice for the repair cost. The landlord explained that the tenant attempted to repair the hole, which was caused by the tenant’s visitor kicking the side of the bath.

I am satisfied that the bathroom damage was caused during the tenancy, and is more than fair wear and tear. The tenant has not disproved liability for the damage. The amount ordered is proved. Filing fee and name suppression

The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.

The landlord does not seek name suppression.

Claims and awards in Tenancy Tribunal application 5425492 — net $738.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.11.2025	$908.57	Rent arrears to 15.11.2025
Repairs to bathroom	$287.50	Repairs to bathroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$738.17
Total payable by Tenant to Landlord	$738.17

Order

Sharnese Simmonds must pay Quality Rental Management Limited $738.17 immediately, calculated as shown in the table below.

Reasons

Only the landlord attended the hearing. The tenant did not appear at the appointed time for the videoconference, and multiple phone calls went to voicemail. As the tenant has been notified, the hearing proceeded.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond, and the balance remaining is $485.90.

How much is owed for rent?

The landlord’s evidence is that the tenancy ended on 15 November 2025, before the end of the fixed term. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy. Compensation for damage Legal framework
The landlord claims compensation for damage. To be successful with such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Bathroom repair
The landlord claims $287.50 for repairs to the side of the bath. The landlord has provided photographic evidence and an invoice for the repair cost. The landlord explained that the tenant attempted to repair the hole, which was caused by the tenant’s visitor kicking the side of the bath.
I am satisfied that the bathroom damage was caused during the tenancy, and is more than fair wear and tear. The tenant has not disproved liability for the damage. The amount ordered is proved. Filing fee and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord does not seek name suppression.

Tenancy Tribunal case 5425492 — Rent arrears at 4 Douglas Crescent, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5425492 — Rent arrears at 4 Douglas Crescent, Fairfield, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions