What was Tenancy Tribunal case 5276182 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Inspire Real Estate Limited - As Agent For Peter &

How much money was awarded in case 5276182?

Cleaning: $269.60 awarded to landlord; Cleaning: $1,078.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $1,841.40 awarded to landlord; Rent Arrears: $1,211.14 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 5276182?

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

Where can I read the official tribunal order for case 5276182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12612101-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5276182 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Inspire Real Estate Limited - As Agent For Peter &

How much money was awarded in case 5276182?

Cleaning: $269.60 awarded to landlord; Cleaning: $1,078.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $1,841.40 awarded to landlord; Rent Arrears: $1,211.14 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 5276182?

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

Where can I read the official tribunal order for case 5276182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12612101-Tenancy_Tribunal_Order.pdf.

91 Talbot Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 5276182 — Property damage

Tenantcheck Insights

91 Talbot Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 5276182 — 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 5276182 — net $3,684.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,211.14	Rent arrears
Lock/key replacement	$92.00	Lock/key replacement
Rubbish removal	$825.00	Rubbish removal
Cleaning	$1,078.75	Cleaning
Carpet Cleaning	$269.60	Carpet Cleaning
Repairs	$1,841.40	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,684.89
Total payable by Tenant to Landlord	$3,684.89

Claims and awards for application 5276182 — net $3,684.89 NZD. Verify on MoJ.

Rent arrears

Amount: $1,211.14
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $92.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $825.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,078.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $269.60
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

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 Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka $3,684.89 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,660.00 (3111432-009) to Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka immediately. DescriptionLandlord Rent arrears$1,211.14 Lock/key replacement$92.00 Rubbish removal$825.00 Cleaning$1,078.75 Carpet Cleaning$269.60 Repairs$1,841.40 Filing fee reimbursement$27.00 Total award$5,344.89 Bond$1,660.00 Total payable by Tenant to Landlord$3,684.89

Reasons

The landlord attended the hearing.
The tenant was emailed and texted notice of the hearing. The email address of the tenant was an address for service in the tenancy agreement.
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 1 December 2024. 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 took what she wanted from the property, left anything else behind including a substantial amount of rubbish and made no attempt to clean.
The landlord explained that the tenant had a dog at the property and the carpets required cleaning to remove its smell.
The tenant did not return the keys.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. Three passage door handles required replacement. This was intentional damage. b. The front door frame and door required replacement. The door had been damaged beyond repair due to a forced entry. This was intentional damage. c. A bedroom door was damaged beyond repair by deep and extensive scratch marks. This was intentional damage using the reasoning in Guo v Korck above. d. There was a hole in the wall of the stairwell. While this appeared to have been caused by a kick, it may have been caused carelessly. e. A bedroom window had been broken. This may have been caused carelessly.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s insurance excess is $1,000.00. The majority of the damage in the invoice for repairs was caused intentionally. The damage which may have been caused carelessly equates to a sum less than the landlord’s insurance excess.
The amounts ordered are proved. Filing fee
Because Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka 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 5276182 — net $3,684.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,211.14	Rent arrears
Lock/key replacement	$92.00	Lock/key replacement
Rubbish removal	$825.00	Rubbish removal
Cleaning	$1,078.75	Cleaning
Carpet Cleaning	$269.60	Carpet Cleaning
Repairs	$1,841.40	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,684.89
Total payable by Tenant to Landlord	$3,684.89

Claims and awards for application 5276182 — net $3,684.89 NZD. Verify on MoJ.

Rent arrears

Amount: $1,211.14
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $92.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $825.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,078.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $269.60
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

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 Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka $3,684.89 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,660.00 (3111432-009) to Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka immediately. DescriptionLandlord Rent arrears$1,211.14 Lock/key replacement$92.00 Rubbish removal$825.00 Cleaning$1,078.75 Carpet Cleaning$269.60 Repairs$1,841.40 Filing fee reimbursement$27.00 Total award$5,344.89 Bond$1,660.00 Total payable by Tenant to Landlord$3,684.89

Reasons

The landlord attended the hearing.
The tenant was emailed and texted notice of the hearing. The email address of the tenant was an address for service in the tenancy agreement.
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 1 December 2024. 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 took what she wanted from the property, left anything else behind including a substantial amount of rubbish and made no attempt to clean.
The landlord explained that the tenant had a dog at the property and the carpets required cleaning to remove its smell.
The tenant did not return the keys.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. Three passage door handles required replacement. This was intentional damage. b. The front door frame and door required replacement. The door had been damaged beyond repair due to a forced entry. This was intentional damage. c. A bedroom door was damaged beyond repair by deep and extensive scratch marks. This was intentional damage using the reasoning in Guo v Korck above. d. There was a hole in the wall of the stairwell. While this appeared to have been caused by a kick, it may have been caused carelessly. e. A bedroom window had been broken. This may have been caused carelessly.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s insurance excess is $1,000.00. The majority of the damage in the invoice for repairs was caused intentionally. The damage which may have been caused carelessly equates to a sum less than the landlord’s insurance excess.
The amounts ordered are proved. Filing fee
Because Inspire Real Estate Limited - As Agent For Peter & Robyn Waaka has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5276182 — Property damage at 91 Talbot Street, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 5276182 — Property damage at 91 Talbot Street, 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.