What was the outcome of Tenancy Tribunal case 5234954?

The tribunal order states: Mark Hilton Larkins to pay Gay Loma Walker $1,600.80 from the bond,

How much money was awarded in case 5234954?

Filing Fee: $27.00 awarded to landlord; Lampshade: $5.00 awarded to landlord; Lightbulbs: $16.90 awarded to landlord; Paint Internal Door: $50.00 awarded to landlord; Property Damage: $104.65 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord; Water Rates: $147.25 awarded to landlord

What type of tenancy dispute was case 5234954?

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

Where can I read the official tribunal order for case 5234954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12273493-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5234954?

The tribunal order states: Mark Hilton Larkins to pay Gay Loma Walker $1,600.80 from the bond,

How much money was awarded in case 5234954?

Filing Fee: $27.00 awarded to landlord; Lampshade: $5.00 awarded to landlord; Lightbulbs: $16.90 awarded to landlord; Paint Internal Door: $50.00 awarded to landlord; Property Damage: $104.65 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord; Water Rates: $147.25 awarded to landlord

What type of tenancy dispute was case 5234954?

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

Where can I read the official tribunal order for case 5234954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12273493-Tribunal_Order.pdf.

4 Hailes Road, Te Kamo, Whangarei 0112 Tenancy Tribunal Case 5234954 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5234954 — net $1,600.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2024	$1,200.00	Rent arrears to 6 September 2024
Water rates to end of tenancy	$147.25	Water rates to end of tenancy
Light bulbs/batteries	$16.90	Light bulbs/batteries
Electrical wiring repairs	$104.65	Electrical wiring repairs
Lampshade	$5.00	Lampshade
Paint internal door	$50.00	Paint internal door
Rubbish removal	$50.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,600.80
Total payable by Tenant to Landlord	$1,600.80

This order corrects the order of the same NZTT number and date. The only material difference made to the order is the quantum of the bond that is to be refunded to the tenant after the arrears and compensation awarded to the landlord, have been calculated.

Both parties attended the hearing which was held by teleconference. Ms Walker appeared for the landlord and Mr Larkin appeared as the tenant.

This is a Rehearing.

The original hearing of this claim was heard in the Tribunal on 19 June 2025 and resulted in the application being dismissed due to the applicant not attending.

The applicant applied for a rehearing on the basis that she was awaiting the call on the hearing day, but when the call came through her phone did not answer the call. The rehearing was granted.

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

The tenancy began on 8 September 2019 and ended on 6 September 2024, meaning the tenancy lasted five years. The landlord had bought the house just prior to the tenancy starting and Mr Larkin and his partner were the first tenants.

Ms Walker said the house was in excellent condition when she bought it.

The property was managed until 3 September 2022 by a third party. Since then it has been managed by the owner. Ms Walker said that she did not conduct any property inspections in the two years she managed the property.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,200.00 for rent arrears and $147.25 for water invoices.

The tenant said he missed the last two rent payments and accepted the water arrears.

The amounts are proved by agreement.

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 and replace standard light bulbs. See section 40(1)(ca) Residential Tenancies Act 1986.

The landlord said 9 lightbulbs were missing at the end of the tenancy and is claiming compensation of $16.90. A receipt has been provided for lightbulbs.

The tenant said the light fittings were old and kept breaking.

I accept the tenant’s views on this matter, given that he lived there. Ms Walker did not challenge his information about light fittings being old.

The state of the light fittings ultimately does not affect the tenant’s responsibility to replace missing lightbulbs.

This claim is proved.

The landlord claims the tenant left behind a bookshelf, a kitchen unit and a dog crate at the end of the tenancy. She is claiming $50.00 to dump these belongings.

The tenant did not dispute these belongings were left behind, but said he thought the maintenance man he met at the end of the tenancy had agreed to remove these belongings.

This claim and the amount 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.

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: a. One wall light removed leaving wires exposed, b. One wall light damaged beyond repair, c. Central light shade missing.

The landlord is claiming $104.65 for an electrician and $20.00 for a replacement lampshade. Invoices and photographs were provided by the landlord in support of these claims.

The tenant claimed that the lights broke because they were corroded. He said that when he tried to turn them on, they fell off the wall.

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

The landlord is claiming $247.25 to repaint a wardrobe door which had been graffiti-ed. Photographs and a quotation were provided in support of this claim.

The tenant did not dispute the graffiti but said he thought the graffiti had been sanded off.

The claims and amounts ordered are proved.

I must take 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Gay Loma Walker has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5234954 — net $1,600.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2024	$1,200.00	Rent arrears to 6 September 2024
Water rates to end of tenancy	$147.25	Water rates to end of tenancy
Light bulbs/batteries	$16.90	Light bulbs/batteries
Electrical wiring repairs	$104.65	Electrical wiring repairs
Lampshade	$5.00	Lampshade
Paint internal door	$50.00	Paint internal door
Rubbish removal	$50.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,600.80
Total payable by Tenant to Landlord	$1,600.80

Order

Mark Hilton Larkins to pay Gay Loma Walker $1,600.80 from the bond, calculated as shown in table below.
The landlord’s claim for exterior painting is dismissed.

Reasons

This order corrects the order of the same NZTT number and date. The only material difference made to the order is the quantum of the bond that is to be refunded to the tenant after the arrears and compensation awarded to the landlord, have been calculated.
Both parties attended the hearing which was held by teleconference. Ms Walker appeared for the landlord and Mr Larkin appeared as the tenant.
This is a Rehearing.
The original hearing of this claim was heard in the Tribunal on 19 June 2025 and resulted in the application being dismissed due to the applicant not attending.
The applicant applied for a rehearing on the basis that she was awaiting the call on the hearing day, but when the call came through her phone did not answer the call. The rehearing was granted.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 8 September 2019 and ended on 6 September 2024, meaning the tenancy lasted five years. The landlord had bought the house just prior to the tenancy starting and Mr Larkin and his partner were the first tenants.
Ms Walker said the house was in excellent condition when she bought it.
The property was managed until 3 September 2022 by a third party. Since then it has been managed by the owner. Ms Walker said that she did not conduct any property inspections in the two years she managed the property.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,200.00 for rent arrears and $147.25 for water invoices.
The tenant said he missed the last two rent payments and accepted the water arrears.
The amounts are proved by agreement.

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 and replace standard light bulbs. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord said 9 lightbulbs were missing at the end of the tenancy and is claiming compensation of $16.90. A receipt has been provided for lightbulbs.
The tenant said the light fittings were old and kept breaking.
I accept the tenant’s views on this matter, given that he lived there. Ms Walker did not challenge his information about light fittings being old.
The state of the light fittings ultimately does not affect the tenant’s responsibility to replace missing lightbulbs.
This claim is proved.
The landlord claims the tenant left behind a bookshelf, a kitchen unit and a dog crate at the end of the tenancy. She is claiming $50.00 to dump these belongings.
The tenant did not dispute these belongings were left behind, but said he thought the maintenance man he met at the end of the tenancy had agreed to remove these belongings.
This claim and the amount 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.
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: a. One wall light removed leaving wires exposed, b. One wall light damaged beyond repair, c. Central light shade missing.
The landlord is claiming $104.65 for an electrician and $20.00 for a replacement lampshade. Invoices and photographs were provided by the landlord in support of these claims.
The tenant claimed that the lights broke because they were corroded. He said that when he tried to turn them on, they fell off the wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is claiming $247.25 to repaint a wardrobe door which had been graffiti-ed. Photographs and a quotation were provided in support of this claim.
The tenant did not dispute the graffiti but said he thought the graffiti had been sanded off.
The claims and amounts ordered are proved.
I must take 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Gay Loma Walker has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5234954 — Rent arrears at 4 Hailes Road, Te Kamo, Whangarei 0112

At a glance

Tenancy Tribunal case 5234954 — Rent arrears at 4 Hailes Road, Te Kamo, Whangarei 0112

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

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

Frequently asked questions