What was Tenancy Tribunal case 5260159 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Blue Ribbon Realty Limited as agent for Gene &

How much money was awarded in case 5260159?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $284.19 awarded to landlord; Rent Arrears: $4,911.43 awarded to landlord; Rubbish Disposal Fee: $60.00 awarded to landlord; Rubbish Removal: $1,281.00 awarded to landlord

What type of tenancy dispute was case 5260159?

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

Where can I read the official tribunal order for case 5260159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12252558-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5260159 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Blue Ribbon Realty Limited as agent for Gene &

How much money was awarded in case 5260159?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $284.19 awarded to landlord; Rent Arrears: $4,911.43 awarded to landlord; Rubbish Disposal Fee: $60.00 awarded to landlord; Rubbish Removal: $1,281.00 awarded to landlord

What type of tenancy dispute was case 5260159?

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

Where can I read the official tribunal order for case 5260159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12252558-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 64 Gradara Avenue, Otorohanga 3900 Tenancy Tribunal Case 5260159 — Rent arrears

Tenantcheck Insights

Unit/Flat 2, 64 Gradara Avenue, Otorohanga 3900 Tenancy Tribunal Case 5260159 — 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 5260159 — net $5,238.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.6.25	$4,911.43	Rent arrears to 22.6.25
Rubbish disposal fee	$60.00	Rubbish disposal fee
Lock/key replacement (5.11.2024	$200.00	Lock/key replacement (5.11.2024
Lock/key replacement (24.6.2025	$115.00	Lock/key replacement (24.6.2025
Window repairs	$284.19	Window repairs
Repairs to walls, doors and rubbish removal	$1,281.00	Repairs to walls, doors and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,238.62
Total payable by Tenant to Landlord	$5,238.62

Claims and awards for application 5260159 — net $5,238.62 NZD. Verify on MoJ.

Rent arrears to 22.6.25

Amount: $4,911.43
Awarded to: Landlord
Reason: Rent arrears to 22.6.25

Rubbish disposal fee

Amount: $60.00
Awarded to: Landlord
Reason: Rubbish disposal fee

Lock/key replacement (5.11.2024

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement (5.11.2024

Lock/key replacement (24.6.2025

Amount: $115.00
Awarded to: Landlord
Reason: Lock/key replacement (24.6.2025

Window repairs

Amount: $284.19
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Blue Ribbon Realty Limited as agent for Gene & Craig Davy $5,238.62 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 (5474394-001) to Blue Ribbon Realty Limited as agent for Gene & Craig Davy immediately.

Reasons

This hearing was conducted by videoconference and was attended by the landlord. The tenant did not attend at the scheduled time, and all three calls to her mobile phone went to voicemail. As the tenant has been notified, the hearing proceeded.
This tenancy began on 11 August 2023 and ended on 22 June 2025.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records and oral evidence to establish the amount of rent owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA). .
The landlord claims rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not remove all rubbish, and left behind large items including a mattress and chairs. The relevant invoice dated 30 June 2025 notes a dumping fee of $60.00, and includes labour for rubbish removal and other repair work (discussed below).
The landlord incurred locksmith’s charges of $200.00 during the tenancy, when the tenant had jammed fabric into the lock. The invoice dated 5 November 2024 from the locksmith for replacement of the lock and keys has been provided. The amount sought is awarded above.
A second locksmith’s charge was incurred at the end of the tenancy, when the lock was jammed again. An invoice for $115.00 was produced.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the RTA.
The landlord has insurance for tenant damage, with the excess being $400.00.
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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord’s evidence establishes that the following damage was caused during the tenancy:
Window glass: the landlord witnessed the tenant smashing the window glass on 1 May 2025, which occurred during a routine inspection, and has given oral evidence in support. There is also photographic evidence and an invoice for the window glass repair cost, which is awarded above.
Walls and door: there was damage to four walls; and damage to the back door, and doors in the bedroom, hallway, and bathroom. The invoice details the repair work.
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 and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord does not seek name suppression.

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 5260159 — net $5,238.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.6.25	$4,911.43	Rent arrears to 22.6.25
Rubbish disposal fee	$60.00	Rubbish disposal fee
Lock/key replacement (5.11.2024	$200.00	Lock/key replacement (5.11.2024
Lock/key replacement (24.6.2025	$115.00	Lock/key replacement (24.6.2025
Window repairs	$284.19	Window repairs
Repairs to walls, doors and rubbish removal	$1,281.00	Repairs to walls, doors and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,238.62
Total payable by Tenant to Landlord	$5,238.62

Claims and awards for application 5260159 — net $5,238.62 NZD. Verify on MoJ.

Rent arrears to 22.6.25

Amount: $4,911.43
Awarded to: Landlord
Reason: Rent arrears to 22.6.25

Rubbish disposal fee

Amount: $60.00
Awarded to: Landlord
Reason: Rubbish disposal fee

Lock/key replacement (5.11.2024

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement (5.11.2024

Lock/key replacement (24.6.2025

Amount: $115.00
Awarded to: Landlord
Reason: Lock/key replacement (24.6.2025

Window repairs

Amount: $284.19
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Blue Ribbon Realty Limited as agent for Gene & Craig Davy $5,238.62 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 (5474394-001) to Blue Ribbon Realty Limited as agent for Gene & Craig Davy immediately.

Reasons

This hearing was conducted by videoconference and was attended by the landlord. The tenant did not attend at the scheduled time, and all three calls to her mobile phone went to voicemail. As the tenant has been notified, the hearing proceeded.
This tenancy began on 11 August 2023 and ended on 22 June 2025.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records and oral evidence to establish the amount of rent owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA). .
The landlord claims rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not remove all rubbish, and left behind large items including a mattress and chairs. The relevant invoice dated 30 June 2025 notes a dumping fee of $60.00, and includes labour for rubbish removal and other repair work (discussed below).
The landlord incurred locksmith’s charges of $200.00 during the tenancy, when the tenant had jammed fabric into the lock. The invoice dated 5 November 2024 from the locksmith for replacement of the lock and keys has been provided. The amount sought is awarded above.
A second locksmith’s charge was incurred at the end of the tenancy, when the lock was jammed again. An invoice for $115.00 was produced.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the RTA.
The landlord has insurance for tenant damage, with the excess being $400.00.
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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord’s evidence establishes that the following damage was caused during the tenancy:
Window glass: the landlord witnessed the tenant smashing the window glass on 1 May 2025, which occurred during a routine inspection, and has given oral evidence in support. There is also photographic evidence and an invoice for the window glass repair cost, which is awarded above.
Walls and door: there was damage to four walls; and damage to the back door, and doors in the bedroom, hallway, and bathroom. The invoice details the repair work.
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 and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord does not seek name suppression.

Tenancy Tribunal case 5260159 — Rent arrears at Unit/Flat 2, 64 Gradara Avenue, Otorohanga 3900

At a glance

Tenancy Tribunal case 5260159 — Rent arrears at Unit/Flat 2, 64 Gradara Avenue, Otorohanga 3900

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.