What was Tenancy Tribunal case 5258202 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Bartley Real Estate Limited As Agent For

How much money was awarded in case 5258202?

Cleaning: $240.00 awarded to landlord; Cleaning: $1,113.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $553.08 awarded to landlord; Property Damage: $163.99 awarded to landlord; Rent Arrears: $702.85 awarded to landlord; Drain: $212.75 awarded to landlord; Garage Door: $3,920.53 awarded to landlord; Logburner Door: $300.00 awarded to landlord; Toilet Cistern: $511.51 awarded to landlord; Walls and Doors: $1,604.31 awarded to landlord; Replace Furnishings: Oven Trays: $132.25 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5258202?

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

Where can I read the official tribunal order for case 5258202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12504072-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5258202 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Bartley Real Estate Limited As Agent For

How much money was awarded in case 5258202?

Cleaning: $240.00 awarded to landlord; Cleaning: $1,113.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $553.08 awarded to landlord; Property Damage: $163.99 awarded to landlord; Rent Arrears: $702.85 awarded to landlord; Drain: $212.75 awarded to landlord; Garage Door: $3,920.53 awarded to landlord; Logburner Door: $300.00 awarded to landlord; Toilet Cistern: $511.51 awarded to landlord; Walls and Doors: $1,604.31 awarded to landlord; Replace Furnishings: Oven Trays: $132.25 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5258202?

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

Where can I read the official tribunal order for case 5258202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12504072-Tenancy_Tribunal_Order.pdf.

145 No 3 Line, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 5258202 — Property damage

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145 No 3 Line, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 5258202 — Property damage | 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 5258202 — net $7,316.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$702.85	Rent arrears
Lock/key replacement	$553.08	Lock/key replacement
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$1,113.20	Cleaning
Rubbish removal	$115.00	Rubbish removal
Repairs: drain	$212.75	Repairs: drain
Window repairs	$163.99	Window repairs
Replace furnishings: oven trays	$132.25	Replace furnishings: oven trays
Repairs: logburner door	$300.00	Repairs: logburner door
Repairs: garage door	$3,920.53	Repairs: garage door
Repairs: toilet cistern	$511.51	Repairs: toilet cistern
Repairs: walls and doors	$1,604.31	Repairs: walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,316.47
Total payable by Tenant to Landlord	$7,316.47

Claims and awards for application 5258202 — net $7,316.47 NZD. Verify on MoJ.

Rent arrears

Amount: $702.85
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $553.08
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $1,113.20
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

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

Repairs: drain

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] $7,316.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6423571002) to Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] immediately. DescriptionLandlord Rent arrears$702.85 Lock/key replacement$553.08 Carpet Cleaning$240.00 Cleaning$1,113.20 Rubbish removal$115.00 Repairs: drain$212.75 Window repairs$163.99 Replace furnishings: oven trays$132.25 Repairs: logburner door$300.00 Repairs: garage door$3,920.53 Repairs: toilet cistern$511.51 Repairs: walls and doors$1,604.31 Filing fee reimbursement$27.00 Total award$9,596.47 Bond$2,280.00 Total payable by Tenant to Landlord$7,316.47

Reasons

The 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?

The tenancy ended on 2 April 2025. The landlord provided rent records 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence shows that the tenant left behind a considerable amount of discarded items and made no attempt to clean the property.
The tenant did not return all of the keys.
The oven racks were missing at the end of the tenancy.
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 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.
The following damage was caused during the tenancy: a. The glass in a window was missing. b. The glass in the log burner door was cracked. c. The garage door appeared to have been forced or intentionally damaged so that three panels and parts of the runners required replacement. From its nature, this damage was intentional. d. The toilet cistern was cracked and required replacement. The damage would have required a significant impact or blow. It is difficult to see how the damage could be careless. From the nature and extent of the other damage in the property, it is reasonable to conclude that the damage was caused intentionally. e. There were numerous holes in the interior walls, together with a significant amount of scuffing and wallpaper tears. These included: i. A hole in a bathroom wall which through into the yellow bedroom. ii. There was a further hole in the yellow bedroom wall and significant additional damage to the wall surfaces. iii. There was a large hole in the lounge which had been inexpertly patched. iv. There was a wallpaper tear in the hallway. f. A kitchen cornice was broken. g. The kitchen cupboards had been pulled off their hinges. h. The locks on two internal doors had been changed causing significant damage that could not be repaired and required replacement of the door. i. The end bedroom door had been forced so that it had cracked and the hinges damaged so that it required replacement. j. In bedroom four a door handle was missing and there was a hole in a wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, the damage was intentional, with the possible exception of the broken window and the damage to the log burner which was careless. The amounts claimed for this items of damage are each less than the landlord’s insurance excess.
The amounts ordered are proved.
I have considered betterment and depreciation but am satisfied that after the repairs, the landlord has not been placed in a better position than he was if the tenant not breached his obligations. The largest sum awarded is for the garage door repair. After the repair, the landlord still has the same garage door in essentially the same condition as at the start of the tenancy.
Because Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse 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 5258202 — net $7,316.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$702.85	Rent arrears
Lock/key replacement	$553.08	Lock/key replacement
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$1,113.20	Cleaning
Rubbish removal	$115.00	Rubbish removal
Repairs: drain	$212.75	Repairs: drain
Window repairs	$163.99	Window repairs
Replace furnishings: oven trays	$132.25	Replace furnishings: oven trays
Repairs: logburner door	$300.00	Repairs: logburner door
Repairs: garage door	$3,920.53	Repairs: garage door
Repairs: toilet cistern	$511.51	Repairs: toilet cistern
Repairs: walls and doors	$1,604.31	Repairs: walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,316.47
Total payable by Tenant to Landlord	$7,316.47

Claims and awards for application 5258202 — net $7,316.47 NZD. Verify on MoJ.

Rent arrears

Amount: $702.85
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $553.08
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $1,113.20
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

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

Repairs: drain

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] $7,316.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6423571002) to Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] immediately. DescriptionLandlord Rent arrears$702.85 Lock/key replacement$553.08 Carpet Cleaning$240.00 Cleaning$1,113.20 Rubbish removal$115.00 Repairs: drain$212.75 Window repairs$163.99 Replace furnishings: oven trays$132.25 Repairs: logburner door$300.00 Repairs: garage door$3,920.53 Repairs: toilet cistern$511.51 Repairs: walls and doors$1,604.31 Filing fee reimbursement$27.00 Total award$9,596.47 Bond$2,280.00 Total payable by Tenant to Landlord$7,316.47

Reasons

The 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?

The tenancy ended on 2 April 2025. The landlord provided rent records 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence shows that the tenant left behind a considerable amount of discarded items and made no attempt to clean the property.
The tenant did not return all of the keys.
The oven racks were missing at the end of the tenancy.
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 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.
The following damage was caused during the tenancy: a. The glass in a window was missing. b. The glass in the log burner door was cracked. c. The garage door appeared to have been forced or intentionally damaged so that three panels and parts of the runners required replacement. From its nature, this damage was intentional. d. The toilet cistern was cracked and required replacement. The damage would have required a significant impact or blow. It is difficult to see how the damage could be careless. From the nature and extent of the other damage in the property, it is reasonable to conclude that the damage was caused intentionally. e. There were numerous holes in the interior walls, together with a significant amount of scuffing and wallpaper tears. These included: i. A hole in a bathroom wall which through into the yellow bedroom. ii. There was a further hole in the yellow bedroom wall and significant additional damage to the wall surfaces. iii. There was a large hole in the lounge which had been inexpertly patched. iv. There was a wallpaper tear in the hallway. f. A kitchen cornice was broken. g. The kitchen cupboards had been pulled off their hinges. h. The locks on two internal doors had been changed causing significant damage that could not be repaired and required replacement of the door. i. The end bedroom door had been forced so that it had cracked and the hinges damaged so that it required replacement. j. In bedroom four a door handle was missing and there was a hole in a wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, the damage was intentional, with the possible exception of the broken window and the damage to the log burner which was careless. The amounts claimed for this items of damage are each less than the landlord’s insurance excess.
The amounts ordered are proved.
I have considered betterment and depreciation but am satisfied that after the repairs, the landlord has not been placed in a better position than he was if the tenant not breached his obligations. The largest sum awarded is for the garage door repair. After the repair, the landlord still has the same garage door in essentially the same condition as at the start of the tenancy.
Because Bartley Real Estate Limited As Agent For Paula And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5258202 — Property damage at 145 No 3 Line, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 5258202 — Property damage at 145 No 3 Line, Whanganui East, Whanganui 4500

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

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?

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.