What was Tenancy Tribunal case 5268103 about?

The tribunal order states: [The tenant/s] tenant/s] must pay BE Marlborough Limited As Agent For Doron & Nir

How much money was awarded in case 5268103?

Break Fees: $402.63 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $420.00 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Depreciated: $490.00 awarded to landlord; Rubbish Removal: $240.00 awarded to landlord

What type of tenancy dispute was case 5268103?

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

Where can I read the official tribunal order for case 5268103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12371428-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5268103 about?

The tribunal order states: [The tenant/s] tenant/s] must pay BE Marlborough Limited As Agent For Doron & Nir

How much money was awarded in case 5268103?

Break Fees: $402.63 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $420.00 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Depreciated: $490.00 awarded to landlord; Rubbish Removal: $240.00 awarded to landlord

What type of tenancy dispute was case 5268103?

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

Where can I read the official tribunal order for case 5268103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12371428-Tenancy_Tribunal_Order.pdf.

31 Elizabeth Street, Riversdale, Blenheim 7201 Tenancy Tribunal Case 5268103 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5268103 — net $2,199.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 June 2025	$3,100.00	Rent arrears to 12 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$420.00	Lawns and Garden work
Rubbish removal including green waste	$240.00	Rubbish removal including green waste
Break fees	$402.63	Break fees
Repairs: Depreciated	$490.00	Repairs: Depreciated
Net award	$2,199.63
Total payable by Tenant to Landlord	$2,199.63

The landlord attended the hearing. The tenant did not appear nor make any contact with the Tribunal to arrange a remote appearance.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The premise has been rented to previously with this agent after the owners ceased their occupancy some three years ago. Some touch up work had been completed by the owners before renting but the date of the last internal renovation of the damaged areas was uncertain. The walls reviewed in evidence appeared to generally be painted over wallpaper finish of some dating.

The tenant had a change in circumstances and left the region after advising the landlord of this.

How much is owed for rent?

The fixed-term tenancy ended early on 12 June 2025 after a new tenancy commenced from 13 June. The landlord provided a rent summary which prove the amount owing at the end of the tenancy was $3,100.00.

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 leave the premises reasonably clean and tidy but failed to remove all items from the external areas. An invoice for $390.00 was provided along with exit photos. I accept there was a need for the removal of the items and green waste but I do not accept the invoiced dump fee costs as there was no evidence of that and the items evidenced all had what might be considered some salvage or recyclable use (bar green waste), negating any dumping costs, if so incurred. I accept the labour costs as invoiced and award $240.00 for this.

Equally, the lawns and gardens were left in reasonable condition but the extended between his departure and the new tenancy saw further growth of lawns and weeds before the tenant liability actually ended. The landlord incurred an invoice for $840.00 as no further attention to these areas was arranged by the tenant before June 2025. This invoice included some tasks such as scrub cutting that were a landlord responsibility (and cost). Having considered the areas and invoiced details, I consider a 50% apportionment towards the tenant responsible costs is appropriate and proven. $420.00 is awarded.

The break of the fixed-term created related costs for the landlord. An itemised invoice detailed the tasks. This totalled $603.88. With one exception, the task appear reasonable and a result of the break. The exception is a claim for the methamphetamine testing. This was included as a break cost of $201.25. The results did not show the premises were not safe for occupation and the results were adopted as the baseline for the new tenancy. Given that, I consider this cost one that remains with the landlord. The balance of $402.63 is 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.

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.

“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 landlord must prove that damage is beyond fair wear and tear for compensation.

The following damage was caused during the tenancy: a. Stove – paint scratched. The stove was new and at the end of the tenancy an obvious scratch on the righthand side of the oven door was proven. It does not appear to have any origin from fair wear and I consider the tenant liable. The landlord is yet to repair this. A quote for $120.00 for a touch up repair (that was cautioned in the quote as likely being “still noticeable but not as obvious”). I have accepted the damage and in the absence of any actual repair costs, award 25% of the claimed costs towards accelerated depreciation of the stove, being $30.00. b. Bedroom 2,3 and 4 walls had ripped or otherwise damaged surfaces. Two of the doors also had surface damage to the finish. None of the damage evidenced in the photos was significant but the evidence supports the need for some repair. I have accepted the quoted costs and used a residual value of 25% to apply appropriate depreciation. This equates to tenant cost liability of $460.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Two claims were dismissed. The first was for a touch up to a “dent” in a window frame and the second the claimed cost of replacing a door handle. The first is dismissed as there is no evidence of any damage. The photo was inconclusive and the paint finish remains intact. The second claim is not considered to be proven as careless or intentional damage by the tenant, meaning it remains a maintenance cost for the landlord.

The landlord is yet to incur any of the claimed costs. I accept the quote was revisited with the contractor just prior to the hearing and confirmed as still valid. I also accept the bond was intended by the tenant to be released in full but it remains at the bond centre due to this application. The landlord said the owner wanted this hearing to conclude and the bond released before incurring the repair costs. Such evidence of loss is less conclusive than invoiced costs but given the circumstances here, and the application of significant depreciation, I consider the quote acceptable as a basis of establishing related losses for compensation.

The amounts ordered are proved.

I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the damaged areas at the start of the tenancy and their likely useful lifespan. I reviewed the evidence and balanced what was the more than likely end of any economic life of the painted surfaces, versus the reasonable condition at commencement, albeit if touched up in areas or paint over wallpaper. I have concluded 25% of the costs appropriate here. Filing fee

Because Be Marlborough Limited As Agent For Doron & Nir Har-Paz has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5268103 — net $2,199.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 June 2025	$3,100.00	Rent arrears to 12 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$420.00	Lawns and Garden work
Rubbish removal including green waste	$240.00	Rubbish removal including green waste
Break fees	$402.63	Break fees
Repairs: Depreciated	$490.00	Repairs: Depreciated
Net award	$2,199.63
Total payable by Tenant to Landlord	$2,199.63

The landlord attended the hearing. The tenant did not appear nor make any contact with the Tribunal to arrange a remote appearance.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant had a change in circumstances and left the region after advising the landlord of this.

How much is owed for rent?

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.

Because Be Marlborough Limited As Agent For Doron & Nir Har-Paz has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5268103 — Rent arrears at 31 Elizabeth Street, Riversdale, Blenheim 7201

At a glance

Tenancy Tribunal case 5268103 — Rent arrears at 31 Elizabeth Street, Riversdale, Blenheim 7201

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.