How much money was awarded in case 5236832?

Cleaning: $480.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $362.45 awarded to landlord; Lawns and Garden Work: $140.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $5,189.69 awarded to landlord; Walls and Doors: $684.83 awarded to landlord; Water Rates: $346.61 awarded to landlord

What type of tenancy dispute was case 5236832?

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

Where can I read the official tribunal order for case 5236832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12088353-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5236832?

Cleaning: $480.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $362.45 awarded to landlord; Lawns and Garden Work: $140.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $5,189.69 awarded to landlord; Walls and Doors: $684.83 awarded to landlord; Water Rates: $346.61 awarded to landlord

What type of tenancy dispute was case 5236832?

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

Where can I read the official tribunal order for case 5236832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12088353-Tribunal_Order_Redacted.pdf.

43A Lyn Grove, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5236832 — Rent arrears

Q: What was Tenancy Tribunal case 5236832 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5236832 — net $5,900.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/2/2025	$5,189.69	Rent arrears to 28/2/2025
Water rates	$346.61	Water rates
Rubbish removal and lawns and gardens during tenancy	$362.45	Rubbish removal and lawns and gardens during tenancy
Cleaning	$480.00	Cleaning
Lawns and Garden work at end of tenancy	$140.00	Lawns and Garden work at end of tenancy
Lock/key replacement garden shed lock and removal of rubbish from inside garden shed and rest of property	$750.00	Lock/key replacement garden shed lock and removal of rubbish from inside garden shed and rest of property
Repairs: to walls and doors	$684.83	Repairs: to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,900.58
Total payable by Tenant to Landlord	$5,900.58

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Shai Nikau and Wayne Campbell must pay [The landlord/s] $5,900.58 immediately, calculated as shown in table below.

The Bond centre is to refund the bond to the landlord immediately.

Reasons

Only the applicant landlord attended the hearing.

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 and water rates?

The tenancy ended on 28/2/2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 all rubbish. The lawns and gardens were extensively overgrown.

The amount ordered for cleaning is reduced a little to reflect that the standard required is “reasonably clean and tidy” and the Court has confirmed this does not require a tenant to leave a property so it can be immediately relet. This tenancy ran for 3 ½ years and the cleaning was to relet the premises. A little of the cleaning cost is therefore apportioned to the landlord accordingly.

The tenant did not return the garden shed key. The garden shed was found full of rubbish.

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.

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: several walls and doors had holes that required repair. 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 actual repair costs only, so no deduction is required.

The landlord’s requests for reimbursement of the filing fee and name suppression are both approved as the application is largely successful.

Claims and awards in Tenancy Tribunal application 5236832 — net $5,900.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/2/2025	$5,189.69	Rent arrears to 28/2/2025
Water rates	$346.61	Water rates
Rubbish removal and lawns and gardens during tenancy	$362.45	Rubbish removal and lawns and gardens during tenancy
Cleaning	$480.00	Cleaning
Lawns and Garden work at end of tenancy	$140.00	Lawns and Garden work at end of tenancy
Lock/key replacement garden shed lock and removal of rubbish from inside garden shed and rest of property	$750.00	Lock/key replacement garden shed lock and removal of rubbish from inside garden shed and rest of property
Repairs: to walls and doors	$684.83	Repairs: to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,900.58
Total payable by Tenant to Landlord	$5,900.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Shai Nikau and Wayne Campbell must pay [The landlord/s] $5,900.58 immediately, calculated as shown in table below.
The Bond centre is to refund the bond to the landlord immediately.

Reasons

Only the applicant landlord attended the hearing.
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 and water rates?

The tenancy ended on 28/2/2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 all rubbish. The lawns and gardens were extensively overgrown.
The amount ordered for cleaning is reduced a little to reflect that the standard required is “reasonably clean and tidy” and the Court has confirmed this does not require a tenant to leave a property so it can be immediately relet. This tenancy ran for 3 ½ years and the cleaning was to relet the premises. A little of the cleaning cost is therefore apportioned to the landlord accordingly.
The tenant did not return the garden shed key. The garden shed was found full of rubbish.
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.
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: several walls and doors had holes that required repair. 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 actual repair costs only, so no deduction is required.
The landlord’s requests for reimbursement of the filing fee and name suppression are both approved as the application is largely successful.

Tenancy Tribunal case 5236832 — Rent arrears at 43A Lyn Grove, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 5236832 — Rent arrears at 43A Lyn Grove, Papamoa Beach, Papamoa 3118

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