What was the outcome of Tenancy Tribunal case 5105489?

The tribunal order states: Lisa Van Tonder must pay ETB Realty Limited as agent for Grant and Brett

How much money was awarded in case 5105489?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $91.71 awarded to landlord; Rent Arrears: $614.30 awarded to landlord; Rubbish Removal: $994.00 awarded to landlord

What type of tenancy dispute was case 5105489?

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

Where can I read the official tribunal order for case 5105489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559974-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5105489?

The tribunal order states: Lisa Van Tonder must pay ETB Realty Limited as agent for Grant and Brett

How much money was awarded in case 5105489?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $91.71 awarded to landlord; Rent Arrears: $614.30 awarded to landlord; Rubbish Removal: $994.00 awarded to landlord

What type of tenancy dispute was case 5105489?

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

Where can I read the official tribunal order for case 5105489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559974-Tenancy_Tribunal_Order.pdf.

5A Tudor Place, Koutu, Rotorua 3010 Tenancy Tribunal Case 5105489 — Rent arrears

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5A Tudor Place, Koutu, Rotorua 3010 Tenancy Tribunal Case 5105489 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5105489 — net $2,014.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for 15 October 2024 to 24 October 2024	$614.30	Rent arrears for 15 October 2024 to 24 October 2024
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning and rubbish removal	$994.00	Cleaning and rubbish removal
Repairs (call out fee	$91.71	Repairs (call out fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,014.51
Total payable by Tenant to Landlord	$2,014.51

Claims and awards for application 5105489 — net $2,014.51 NZD. Verify on MoJ.

Rent arrears for 15 October 2024 to 24 October 2024

Amount: $614.30
Awarded to: Landlord
Reason: Rent arrears for 15 October 2024 to 24 October 2024

Carpet Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning and rubbish removal

Amount: $994.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs (call out fee

Amount: $91.71
Awarded to: Landlord
Reason: Repairs (call out fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

Lisa Van Tonder must pay ETB Realty Limited as agent for Grant and Brett Stephens $2,014.51 immediately, as calculated in table below:

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 170.
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?

The Tribunal previously issued an order for termination and rent arrears to 14 October 2024 – being the date possession was granted. However, the tenant did not actually move out of the property until 24 October 2024.
The landlord claims for the additional 10 days rent from 15 October 2024 to 24 October 2024 totalling $614.30 and has provided records which prove this amount.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs provided by the landlord show that significant cleaning and rubbish removal was required at the property, and the landlord advises that the carpet had animal faeces on it, smelled and required cleaning. Invoices have been provided for carpet cleaning of $287.50 and cleaning and rubbish removal of $994.00.
The 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 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.
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.
The landlord claims that a front corner of the property was carelessly damaged by a moving truck, causing electrical wires to become exposed. The landlord was required to have an electrician come to the property to ensure that the exposed wiring was safe. The landlord does not claim for the cost to repair this external damage but seeks compensation of the call-out fee required for the urgent electrical assessment. An invoice has been provided for this of $91.71.
The following damage was caused during the tenancy: a front corner of the property/gutter damage beside mains cable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because ETB Realty Limited as agent for Grant and Brett Stephens has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 12 March 2025

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5105489 — net $2,014.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for 15 October 2024 to 24 October 2024	$614.30	Rent arrears for 15 October 2024 to 24 October 2024
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning and rubbish removal	$994.00	Cleaning and rubbish removal
Repairs (call out fee	$91.71	Repairs (call out fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,014.51
Total payable by Tenant to Landlord	$2,014.51

Claims and awards for application 5105489 — net $2,014.51 NZD. Verify on MoJ.

Rent arrears for 15 October 2024 to 24 October 2024

Amount: $614.30
Awarded to: Landlord
Reason: Rent arrears for 15 October 2024 to 24 October 2024

Carpet Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning and rubbish removal

Amount: $994.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs (call out fee

Amount: $91.71
Awarded to: Landlord
Reason: Repairs (call out fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

Lisa Van Tonder must pay ETB Realty Limited as agent for Grant and Brett Stephens $2,014.51 immediately, as calculated in table below:

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 170.
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?

The Tribunal previously issued an order for termination and rent arrears to 14 October 2024 – being the date possession was granted. However, the tenant did not actually move out of the property until 24 October 2024.
The landlord claims for the additional 10 days rent from 15 October 2024 to 24 October 2024 totalling $614.30 and has provided records which prove this amount.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs provided by the landlord show that significant cleaning and rubbish removal was required at the property, and the landlord advises that the carpet had animal faeces on it, smelled and required cleaning. Invoices have been provided for carpet cleaning of $287.50 and cleaning and rubbish removal of $994.00.
The 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 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.
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.
The landlord claims that a front corner of the property was carelessly damaged by a moving truck, causing electrical wires to become exposed. The landlord was required to have an electrician come to the property to ensure that the exposed wiring was safe. The landlord does not claim for the cost to repair this external damage but seeks compensation of the call-out fee required for the urgent electrical assessment. An invoice has been provided for this of $91.71.
The following damage was caused during the tenancy: a front corner of the property/gutter damage beside mains cable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because ETB Realty Limited as agent for Grant and Brett Stephens has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 12 March 2025

Tenancy Tribunal case 5105489 — Rent arrears at 5A Tudor Place, Koutu, Rotorua 3010

At a glance

Tenancy Tribunal case 5105489 — Rent arrears at 5A Tudor Place, Koutu, Rotorua 3010

At a glance

Award balance

Claims & awards

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

Property management

Frequently asked questions

Award balance

Claims & awards

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

Property management

Frequently asked questions