What was Tenancy Tribunal case 5244673 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Opes Property Management North Limited

How much money was awarded in case 5244673?

Cleaning: $598.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $59.00 awarded to landlord; Rekey And Garage Remotes: $461.15 awarded to landlord; Rent Arrears: $1,851.43 awarded to landlord; Blocked Shower Drain On 15 May 2024: $166.75 awarded to landlord; Blocked sink due to build-up of hair…: $373.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Water Rates: $1,030.70 awarded to landlord

What type of tenancy dispute was case 5244673?

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

Where can I read the official tribunal order for case 5244673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12501401-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5244673 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Opes Property Management North Limited

How much money was awarded in case 5244673?

Cleaning: $598.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $59.00 awarded to landlord; Rekey And Garage Remotes: $461.15 awarded to landlord; Rent Arrears: $1,851.43 awarded to landlord; Blocked Shower Drain On 15 May 2024: $166.75 awarded to landlord; Blocked sink due to build-up of hair…: $373.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Water Rates: $1,030.70 awarded to landlord

What type of tenancy dispute was case 5244673?

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

Where can I read the official tribunal order for case 5244673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12501401-Tenancy_Tribunal_Order.pdf.

6 Hinonga Loop, Silverdale, Silverdale 0932 Tenancy Tribunal Case 5244673 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5244673 — net $3,287.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024	$373.75	Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024
Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs	$400.00	Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs
Rent arrears to 11 March 2025	$1,851.43	Rent arrears to 11 March 2025
Water rates	$1,030.70	Water rates
Repairs: Blocked shower drain on 15 May 2024	$166.75	Repairs: Blocked shower drain on 15 May 2024
Rekey and garage remotes	$461.15	Rekey and garage remotes
Heat pump remote replacement	$59.00	Heat pump remote replacement
Cleaning	$598.00	Cleaning
Repairs: Insurance excess - blocked sewage	$400.00	Repairs: Insurance excess - blocked sewage
Repairs: Insurance excess - carpet/flooring damage	$400.00	Repairs: Insurance excess - carpet/flooring damage
Repairs: Insurance excess - blinds	$400.00	Repairs: Insurance excess - blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,287.78
Total payable by Tenant to Landlord	$3,287.78

Claims and awards in Tenancy Tribunal application 5244673 — net $3,287.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024

$373.75

Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024

Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs

$400.00

Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs

Rent arrears to 11 March 2025

$1,851.43

Rent arrears to 11 March 2025

Water rates

$1,030.70

Water rates

Repairs: Blocked shower drain on 15 May 2024

$166.75

Repairs: Blocked shower drain on 15 May 2024

Rekey and garage remotes

$461.15

Rekey and garage remotes

Heat pump remote replacement

$59.00

Heat pump remote replacement

Cleaning

$598.00

Cleaning

Repairs: Insurance excess - blocked sewage

$400.00

Repairs: Insurance excess - blocked sewage

Repairs: Insurance excess - carpet/flooring damage

$400.00

Repairs: Insurance excess - carpet/flooring damage

Repairs: Insurance excess - blinds

$400.00

Repairs: Insurance excess - blinds

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,287.78

Total payable by Tenant to Landlord

$3,287.78

Reasons

Ms Kavermann appeared on behalf of the landlord.

Ms Davis-Hall, the tenant, did not appear. She had young children residing at the premises during the tenancy.

Ms Kavermann told me that her last communication with the tenant was at the time of the mediation. Since then, she has had no further contact with the tenant.

The tenant did not appear at this hearing, nor did she provide any explanation for her non-appearance or seek an adjournment. I therefore decided to proceed with the hearing in the tenant’s absence.

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 11 March 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

Ms Kavermann gave evidence that when the tenant vacated, the premises were left in an unclean condition. She described the floors as dirty and sticky, with dust, food residue, glue, and fly spots. She also observed dirty sinks, showers, and toilets, as well as a filthy oven and greasy rangehood. She submitted that the tenant failed to leave the premises in a reasonably clean and tidy condition as required at the end of the tenancy.

Ms Kavermann also said in her evidence that the tenant did not return any keys or garage remotes at the end of the tenancy. The tenant told her that, due to circumstances beyond her control, she was unable to hand them back. As a result, the landlord was required to rekey one lock, provide two new keys, and arrange for new garage remotes to be programmed.

Based on the evidence before me (including the pre-tenancy inspection and exit inspection reports), I am satisfied that the tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish. The tenant also did not return the keys or the garage and heat pump remotes.

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.

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.

On the evidence before me, I am satisfied that the tenant or persons at the premises with her permission caused a range of damages to the premises through careless conduct. Ms Kavermann did not suggest that the damages were caused intentionally. The property was only two years old at the commencement of the tenancy and was in near-new condition.

The carpets in the lounge and bedrooms were stained. Professional cleaning did not restore them, and they required replacement. The kitchen flooring, a floating floor, was also damaged. Photographs show water swelling along the joins and a chip where a piece of the surface had been taken out. Ms Kavermann explained that the likely cause was careless use, such as failing to clean up water spills promptly or dragging furniture across the floor.

The walls and paintwork were also damaged. In her evidence, Ms Kavermann said that the tenant attempted to carry out her own touch-ups using the wrong paint colour and a brush rather than a roller, which left visible patches. There were also numerous holes, scrapes, and marks on the walls and doors, requiring substantial remedial work and repainting.

The blinds throughout the property were dented, marked, and in poor condition. Ms Kavermann referred me to the exit tenancy report dated 11 March 2025 and explained that the tenant had installed curtain tracks flush against the wall over the top of the existing blinds, which prevented them from opening and closing properly and left them bent and damaged.

In relation to damage to the sewer pump, Ms Kavermann said in her evidence that: “A Lego block had been flushed down a toilet and blocked the whole system. That required a big suck truck to come and empty the whole tank out so they, [The tenant/s] professionals], could find what the issue was. And then they found kids’ toys in the bottom of the system.”

Ms Kavermann said that the landlord’s insurance accepted these claims and authorised the repair and replacement of the carpets, flooring, paintwork, and blinds, as well as the plumbing repairs. Rather than seeking the full cost of those works, Ms Kavermann confirmed that the landlord only sought to recover from the tenant the insurance excesses payable under the policy.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee

Because Opes Property Management North Limited has wholly succeeded with the claims I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5244673 — net $3,287.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024	$373.75	Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024
Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs	$400.00	Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs
Rent arrears to 11 March 2025	$1,851.43	Rent arrears to 11 March 2025
Water rates	$1,030.70	Water rates
Repairs: Blocked shower drain on 15 May 2024	$166.75	Repairs: Blocked shower drain on 15 May 2024
Rekey and garage remotes	$461.15	Rekey and garage remotes
Heat pump remote replacement	$59.00	Heat pump remote replacement
Cleaning	$598.00	Cleaning
Repairs: Insurance excess - blocked sewage	$400.00	Repairs: Insurance excess - blocked sewage
Repairs: Insurance excess - carpet/flooring damage	$400.00	Repairs: Insurance excess - carpet/flooring damage
Repairs: Insurance excess - blinds	$400.00	Repairs: Insurance excess - blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,287.78
Total payable by Tenant to Landlord	$3,287.78

Claims and awards in Tenancy Tribunal application 5244673 — net $3,287.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024

$373.75

Repairs: Blocked sink due to build-up of hair and soap scum on 19 December 2024

Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs

$400.00

Repairs: Insurance excess - general maintenance removing rubbish), paint and wall repairs

Rent arrears to 11 March 2025

$1,851.43

Rent arrears to 11 March 2025

Water rates

$1,030.70

Water rates

Repairs: Blocked shower drain on 15 May 2024

$166.75

Repairs: Blocked shower drain on 15 May 2024

Rekey and garage remotes

$461.15

Rekey and garage remotes

Heat pump remote replacement

$59.00

Heat pump remote replacement

Cleaning

$598.00

Cleaning

Repairs: Insurance excess - blocked sewage

$400.00

Repairs: Insurance excess - blocked sewage

Repairs: Insurance excess - carpet/flooring damage

$400.00

Repairs: Insurance excess - carpet/flooring damage

Repairs: Insurance excess - blinds

$400.00

Repairs: Insurance excess - blinds

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,287.78

Total payable by Tenant to Landlord

$3,287.78

Reasons

Ms Kavermann appeared on behalf of the landlord.

Ms Davis-Hall, the tenant, did not appear. She had young children residing at the premises during the tenancy.

Ms Kavermann told me that her last communication with the tenant was at the time of the mediation. Since then, she has had no further contact with the tenant.

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 11 March 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?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee

Because Opes Property Management North Limited has wholly succeeded with the claims I must reimburse the filing fee.

Tenancy Tribunal case 5244673 — Property damage at 6 Hinonga Loop, Silverdale, Silverdale 0932

At a glance

Tenancy Tribunal case 5244673 — Property damage at 6 Hinonga Loop, Silverdale, Silverdale 0932

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.