What was Tenancy Tribunal case 5253821 about?

The tribunal order states: Laura Clarke and Dan Clarke to pay Grenadier Rent Shop Limited As Agent

How much money was awarded in case 5253821?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $920.00 awarded to landlord; Remove Decking: $862.50 awarded to landlord; Rent Arrears: $1,398.57 awarded to landlord; Holes In Wall: $172.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5253821?

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

Where can I read the official tribunal order for case 5253821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12063722-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5253821 about?

The tribunal order states: Laura Clarke and Dan Clarke to pay Grenadier Rent Shop Limited As Agent

How much money was awarded in case 5253821?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $920.00 awarded to landlord; Remove Decking: $862.50 awarded to landlord; Rent Arrears: $1,398.57 awarded to landlord; Holes In Wall: $172.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5253821?

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

Where can I read the official tribunal order for case 5253821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12063722-Tenancy_Tribunal_Order.pdf.

284 Hoskyns Road, Rolleston, RD 5, Rolleston 7675 Tenancy Tribunal Case 5253821 — Rent arrears

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284 Hoskyns Road, Rolleston, RD 5, Rolleston 7675 Tenancy Tribunal Case 5253821 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5253821 — net $3,495.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,398.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$115.00	Rubbish removal
Remove decking	$862.50	Remove decking
Repairs: Holes in wall	$172.50	Repairs: Holes in wall
Lawns and Garden work: Remediate area of dead grass	$920.00	Lawns and Garden work: Remediate area of dead grass
Net award	$3,495.57
Bond	$3,560.00
Total payable by Tenant to Landlord	$3,495.57

Claims and awards for application 5253821 — net $3,495.57 NZD. Verify on MoJ.

Rent arrears

Amount: $1,398.57
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rubbish removal

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal

Remove decking

Amount: $862.50
Awarded to: Landlord
Reason: Remove decking

Repairs: Holes in wall

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: Holes in wall

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Laura Clarke and Dan Clarke to pay Grenadier Rent Shop Limited As Agent For Wyu And Y Li $3,495.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,560.00 (6425891-004) immediately apportioned as follows: Grenadier Rent Shop Limited As Agent For Wyu And Y Li: $3,495.57 Laura Clarke and Dan Clarke: $64.43

Reasons

Both parties attended the hearing, conducted via video/teleconference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 17 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered. The tenant did not dispute the total.

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.
The tenant did not remove all rubbish. The parties mutual agreed to a 50/50 shared cost. The tenant is to pay $115.00 for their rubbish removal.
An area of lawn was killed after the long-term placement of a tiny home or such on that area. An access deck was also built and required removal. The tenants accepted liability for both and accepted the cost of the deck and associated fixtures at $862.50. This is awarded. While accepting liability for the lawn damage, the tenant disputed the invoiced cost of $920.00. No alternative cost model was proposed. While a significant cost, the extent and area of damage was not minor. I considered this cost further after the hearing but conclude it is evidentially established and reasonable. This cost is also awarded.
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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear.
The following damage was claimed as caused during the tenancy and a tenant liability (a claim for repairs to a side gate and internal doors was withdrawn at the hearing): a. Holes in a wall. The landlord incurred a cost of $172.50 in having some small holes in one wall repaired. The tenants accept that damage was their responsibility and they are liable for the cost. This is awarded. b. Heat pump louvre reattachment/replacement. It was not disputed that a heat pump opening louvre detached during the tenancy. It was the part that opens during use for the warm air to exit. The landlord claimed this was a tenant liability and sought $230.00 for the cost of repair. Having considered the phots and submissions I am not satisfied this has been established as more than wear and tear. As such, the cost remains with the landlord. The claim is dismissed. c. Ride-on lawn mower repairs. The premises is a large rural property with larges grassed areas. A ride-on mower was provided for the tenants use. I heard from the tenants that they preferred their own and it the landlord’s one was stored in an open barn. At the end of the tenancy the owner incurred a large invoice for mower maintenance. The invoice details the work performed. No services were scheduled during the tenancy and liability for any maintenance or repair costs were not clearly defined. Having considered the photos, tenant submission and further reviewed the invoice, I do not find the need for the repairs to the ride-on mower to be proven as more than wear and tear (possibly predating this tenancy) and I dismiss this claim.
The amount ordered is proved. Filing fee
Because Grenadier Rent Shop Limited As Agent For Wyu And Y Li has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5253821 — net $3,495.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,398.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$115.00	Rubbish removal
Remove decking	$862.50	Remove decking
Repairs: Holes in wall	$172.50	Repairs: Holes in wall
Lawns and Garden work: Remediate area of dead grass	$920.00	Lawns and Garden work: Remediate area of dead grass
Net award	$3,495.57
Bond	$3,560.00
Total payable by Tenant to Landlord	$3,495.57

Claims and awards for application 5253821 — net $3,495.57 NZD. Verify on MoJ.

Rent arrears

Amount: $1,398.57
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rubbish removal

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal

Remove decking

Amount: $862.50
Awarded to: Landlord
Reason: Remove decking

Repairs: Holes in wall

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: Holes in wall

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Laura Clarke and Dan Clarke to pay Grenadier Rent Shop Limited As Agent For Wyu And Y Li $3,495.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,560.00 (6425891-004) immediately apportioned as follows: Grenadier Rent Shop Limited As Agent For Wyu And Y Li: $3,495.57 Laura Clarke and Dan Clarke: $64.43

Reasons

Both parties attended the hearing, conducted via video/teleconference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 17 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered. The tenant did not dispute the total.

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.
The tenant did not remove all rubbish. The parties mutual agreed to a 50/50 shared cost. The tenant is to pay $115.00 for their rubbish removal.
An area of lawn was killed after the long-term placement of a tiny home or such on that area. An access deck was also built and required removal. The tenants accepted liability for both and accepted the cost of the deck and associated fixtures at $862.50. This is awarded. While accepting liability for the lawn damage, the tenant disputed the invoiced cost of $920.00. No alternative cost model was proposed. While a significant cost, the extent and area of damage was not minor. I considered this cost further after the hearing but conclude it is evidentially established and reasonable. This cost is also awarded.
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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear.
The following damage was claimed as caused during the tenancy and a tenant liability (a claim for repairs to a side gate and internal doors was withdrawn at the hearing): a. Holes in a wall. The landlord incurred a cost of $172.50 in having some small holes in one wall repaired. The tenants accept that damage was their responsibility and they are liable for the cost. This is awarded. b. Heat pump louvre reattachment/replacement. It was not disputed that a heat pump opening louvre detached during the tenancy. It was the part that opens during use for the warm air to exit. The landlord claimed this was a tenant liability and sought $230.00 for the cost of repair. Having considered the phots and submissions I am not satisfied this has been established as more than wear and tear. As such, the cost remains with the landlord. The claim is dismissed. c. Ride-on lawn mower repairs. The premises is a large rural property with larges grassed areas. A ride-on mower was provided for the tenants use. I heard from the tenants that they preferred their own and it the landlord’s one was stored in an open barn. At the end of the tenancy the owner incurred a large invoice for mower maintenance. The invoice details the work performed. No services were scheduled during the tenancy and liability for any maintenance or repair costs were not clearly defined. Having considered the photos, tenant submission and further reviewed the invoice, I do not find the need for the repairs to the ride-on mower to be proven as more than wear and tear (possibly predating this tenancy) and I dismiss this claim.
The amount ordered is proved. Filing fee
Because Grenadier Rent Shop Limited As Agent For Wyu And Y Li has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5253821 — Rent arrears at 284 Hoskyns Road, Rolleston, RD 5, Rolleston 7675

At a glance

Tenancy Tribunal case 5253821 — Rent arrears at 284 Hoskyns Road, Rolleston, RD 5, Rolleston 7675

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