What was Tenancy Tribunal case 5198655 about?

The tribunal order states: Christopher Stewart must pay [The landlord/s] $3,459.93 immediately,

How much money was awarded in case 5198655?

Cleaning: $300.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Per Day For Digger: $1,600.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $562.93 awarded to landlord; Walls and Doors: $400.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5198655?

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

Where can I read the official tribunal order for case 5198655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11712985-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5198655 about?

The tribunal order states: Christopher Stewart must pay [The landlord/s] $3,459.93 immediately,

How much money was awarded in case 5198655?

Cleaning: $300.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Per Day For Digger: $1,600.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $562.93 awarded to landlord; Walls and Doors: $400.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5198655?

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

Where can I read the official tribunal order for case 5198655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11712985-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 125 Puataata Road, Turangi, Turangi 3334 Tenancy Tribunal Case 5198655 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5198655 — net $3,459.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/1/2025	$562.93	Rent arrears to 30/1/2025
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$300.00	Carpet Cleaning
Window repairs	$250.00	Window repairs
Repairs: to walls and doors	$400.00	Repairs: to walls and doors
Rubbish removal: tip fees	$500.00	Rubbish removal: tip fees
per day for digger	$1,600.00	per day for digger
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,459.93
Total payable by Tenant to Landlord	$3,459.93

Both parties attended the hearing. Mr Robert Stewart represented his brother Mr Christopher Stewart, with the applicant’s permission as the property manager was aware Mr Stewart has been appointed to assist his brother with various matters, including the end of the tenancy and his relocation. Mr Stewart confirmed that he was aware of the issues at the tenancy.

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

How much is owed for rent?

The tenancy ended on 30/1/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount awarded deducts one weeks rent paid in advance at the beginning of the tenancy as the rent record from the beginning of the tenancy was not provided and the landlord agreed the deduction could be made.

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 tenant did not leave the premises reasonably clean and tidy and did not remove extensive rubbish. The carpets required cleaning. The rubbish required 15 trailer loads to the tip to remove and a digger for two days to clear the section.

The amounts ordered are considered reasonable and proved by the invoices and photographs provided.

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.

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: there were 10 separate large holes in walls that needed to be repaired and the ranch slider windows needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The amount awarded is for repair costs only and given the extent of the damage shown in the photographs is considered very reasonable.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression order for the landlord.

Claims and awards in Tenancy Tribunal application 5198655 — net $3,459.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/1/2025	$562.93	Rent arrears to 30/1/2025
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$300.00	Carpet Cleaning
Window repairs	$250.00	Window repairs
Repairs: to walls and doors	$400.00	Repairs: to walls and doors
Rubbish removal: tip fees	$500.00	Rubbish removal: tip fees
per day for digger	$1,600.00	per day for digger
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,459.93
Total payable by Tenant to Landlord	$3,459.93

Order

Christopher Stewart must pay [The landlord/s] $3,459.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord’s request for name suppression is approved.

Reasons

Both parties attended the hearing. Mr Robert Stewart represented his brother Mr Christopher Stewart, with the applicant’s permission as the property manager was aware Mr Stewart has been appointed to assist his brother with various matters, including the end of the tenancy and his relocation. Mr Stewart confirmed that he was aware of the issues at the tenancy.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30/1/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount awarded deducts one weeks rent paid in advance at the beginning of the tenancy as the rent record from the beginning of the tenancy was not provided and the landlord agreed the deduction could be made.

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 tenant did not leave the premises reasonably clean and tidy and did not remove extensive rubbish. The carpets required cleaning. The rubbish required 15 trailer loads to the tip to remove and a digger for two days to clear the section.
The amounts ordered are considered reasonable and proved by the invoices and photographs provided.

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.
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: there were 10 separate large holes in walls that needed to be repaired and the ranch slider windows needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount awarded is for repair costs only and given the extent of the damage shown in the photographs is considered very reasonable.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression order for the landlord.

Tenancy Tribunal case 5198655 — Property damage at Unit/Flat 1, 125 Puataata Road, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 5198655 — Property damage at Unit/Flat 1, 125 Puataata Road, Turangi, Turangi 3334

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

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

Frequently asked questions