What was the outcome of Tenancy Tribunal case 5130868?

The tribunal order states: Brooke Fulton must pay I-Rentals Limited as agent for Neville & Rosemary

How much money was awarded in case 5130868?

Cleaning: $340.00 awarded to landlord; Cleaning: $665.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $45.00 awarded to landlord; Rent Arrears: $3,764.29 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rubbish Removal: $106.50 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 5130868?

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

Where can I read the official tribunal order for case 5130868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11462010-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5130868?

The tribunal order states: Brooke Fulton must pay I-Rentals Limited as agent for Neville & Rosemary

How much money was awarded in case 5130868?

Cleaning: $340.00 awarded to landlord; Cleaning: $665.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $45.00 awarded to landlord; Rent Arrears: $3,764.29 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rubbish Removal: $106.50 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 5130868?

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

Where can I read the official tribunal order for case 5130868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11462010-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 77 Cameron Street, Whangarei, Whangarei Tenancy Tribunal Case 5130868 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5130868 — net $4,228.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/2/25	$3,764.29	Rent arrears to 10/2/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lock/key replacement	$333.50	Lock/key replacement
Lock/key replacement	$45.00	Lock/key replacement
Cleaning	$665.00	Cleaning
Carpet Cleaning	$340.00	Carpet Cleaning
Cleaning products	$50.00	Cleaning products
Rubbish removal: - interior	$517.50	Rubbish removal: - interior
Rubbish removal: - exterior / balcony	$106.50	Rubbish removal: - exterior / balcony
Repairs: - damaged curtain	$80.00	Repairs: - damaged curtain
Net award	$4,228.79
Total payable by Tenant to Landlord	$4,228.79

Brooke Fulton must pay I-Rentals Limited as agent for Neville & Rosemary Child $4,228.79 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,700.00 (3572453-028) to I-Rentals Limited as agent for Neville & Rosemary Child immediately.

The application for termination is dismissed.

Reasons

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing and the amended claim by email prior to the hearing. The hearing proceeded in her absence.

The tenant provided a written statement shortly before the hearing which was provided to me after the hearing and I confirm I have read it.

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

The tenancy has ended by agreement and the tenant has vacated the premises, accordingly the application for termination is dismissed.

How much is owed for rent?

The tenancy ended on 10 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,764.29 and I make an order for the full amount claimed.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The premises required a deep clean and deodorising.

The carpet, which was new in 2023, was stained with pet urine and possibly ink. The carpet required flea treatment. Some stains have been unable to be removed.

There was a significant amount of rubbish left at the property, including a fish tank.

The tenant did not return the keys to her premises or the communal door. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .

The amounts ordered are proved with a pre inspection report, video evidence, photographs, and invoices.

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. 2

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). 3

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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5

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. 6 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. 7

The following damage was caused during the tenancy: a. A curtain track was broken which was preventing the curtains from opening and closing. The landlord said the damage was caused by the careless actions of the tenant and I consider the damage was likely caused by the careless act of the tenant or a person she permitted in the premises.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved with photographs, video evidence and an invoice. The amount ordered is not above the statutory maximum. 2 See sections 40(2)(a), 41 and 49B RTA 3 See section 49B(3)(a) RTA 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541.

I have taken into account betterment and depreciation. 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. The amount claimed is for a minor repair only therefore no deduction is made for betterment and depreciation. Bond

The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

The landlord confirmed that name suppression was not sought.

Claims and awards in Tenancy Tribunal application 5130868 — net $4,228.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/2/25	$3,764.29	Rent arrears to 10/2/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lock/key replacement	$333.50	Lock/key replacement
Lock/key replacement	$45.00	Lock/key replacement
Cleaning	$665.00	Cleaning
Carpet Cleaning	$340.00	Carpet Cleaning
Cleaning products	$50.00	Cleaning products
Rubbish removal: - interior	$517.50	Rubbish removal: - interior
Rubbish removal: - exterior / balcony	$106.50	Rubbish removal: - exterior / balcony
Repairs: - damaged curtain	$80.00	Repairs: - damaged curtain
Net award	$4,228.79
Total payable by Tenant to Landlord	$4,228.79

Order

Brooke Fulton must pay I-Rentals Limited as agent for Neville & Rosemary Child $4,228.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,700.00 (3572453-028) to I-Rentals Limited as agent for Neville & Rosemary Child immediately.
The application for termination is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing and the amended claim by email prior to the hearing. The hearing proceeded in her absence.
The tenant provided a written statement shortly before the hearing which was provided to me after the hearing and I confirm I have read it.
The landlord has applied for termination, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Termination
The tenancy has ended by agreement and the tenant has vacated the premises, accordingly the application for termination is dismissed.

How much is owed for rent?

The tenancy ended on 10 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,764.29 and I make an order for the full amount claimed.

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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The premises required a deep clean and deodorising.
The carpet, which was new in 2023, was stained with pet urine and possibly ink. The carpet required flea treatment. Some stains have been unable to be removed.
There was a significant amount of rubbish left at the property, including a fish tank.
The tenant did not return the keys to her premises or the communal door. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .
The amounts ordered are proved with a pre inspection report, video evidence, photographs, and invoices.

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. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6 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. 7
The following damage was caused during the tenancy: a. A curtain track was broken which was preventing the curtains from opening and closing. The landlord said the damage was caused by the careless actions of the tenant and I consider the damage was likely caused by the careless act of the tenant or a person she permitted in the premises.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved with photographs, video evidence and an invoice. The amount ordered is not above the statutory maximum. 2 See sections 40(2)(a), 41 and 49B RTA 3 See section 49B(3)(a) RTA 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541.
I have taken into account betterment and depreciation. 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. The amount claimed is for a minor repair only therefore no deduction is made for betterment and depreciation. Bond
The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 5130868 — Rent arrears at Unit/Flat 2, 77 Cameron Street, Whangarei, Whangarei

At a glance

Tenancy Tribunal case 5130868 — Rent arrears at Unit/Flat 2, 77 Cameron Street, Whangarei, Whangarei

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