What was Tenancy Tribunal case 5284600 about?

The tribunal order states: [The tenant/s] must pay Naturally Keen Limited,

How much money was awarded in case 5284600?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $195.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,721.68 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Water Rates: $835.25 awarded to landlord

What type of tenancy dispute was case 5284600?

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

Where can I read the official tribunal order for case 5284600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12542153-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5284600 about?

The tribunal order states: [The tenant/s] must pay Naturally Keen Limited,

How much money was awarded in case 5284600?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $195.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,721.68 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Water Rates: $835.25 awarded to landlord

What type of tenancy dispute was case 5284600?

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

Where can I read the official tribunal order for case 5284600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12542153-Tribunal_Order.pdf.

426A Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5284600 — Rent arrears

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426A Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5284600 — 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 5284600 — net $3,338.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 May 2025	$2,721.68	Rent arrears to 15 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$835.25	Water rates
Lock/key replacement: Entrance doors	$195.00	Lock/key replacement: Entrance doors
Rubbish removal	$750.00	Rubbish removal
Cleaning	$350.00	Cleaning
Lawns and Garden work	$180.00	Lawns and Garden work
Repairs	$200.00	Repairs
Net award	$3,338.93
Total payable by Tenant to Landlord	$3,338.93

Claims and awards for application 5284600 — net $3,338.93 NZD. Verify on MoJ.

Rent arrears to 15 May 2025

Amount: $2,721.68
Awarded to: Landlord
Reason: Rent arrears to 15 May 2025

Filing fee reimbursement

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

Water rates

Amount: $835.25
Awarded to: Landlord
Reason: Water rates

Lock/key replacement: Entrance doors

Amount: $195.00
Awarded to: Landlord
Reason: Lock/key replacement: Entrance doors

Rubbish removal

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

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

Order

[The tenant/s] must pay Naturally Keen Limited, Trading As Keen On Rentals $3,338.93 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 15 May 2025$2,721.68 Filing fee reimbursement$27.00 Water rates$835.25 Lock/key replacement: Entrance doors$195.00 Rubbish removal$750.00 Cleaning$350.00 Lawns and Garden work$180.00 Repairs$200.00 Total award$5,258.93 Minus Bond$1,920.00 Total payable by Tenant to Landlord$3,338.93
The Bond Centre is to pay the bond of $1,920.00 (6221807-005) to Naturally Keen Limited, Trading As Keen On Rentals immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant on the mobile number given in the application, but it went unanswered. I have checked and the tenant was provided with a notice of hearing, so I am proceeding with the tenant’s absence.
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 and water rates?

The tenancy ended on 15 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears to 15 May 2025 were $2721.68 and the water bills were $835.25. The rent arrears included the unpaid meditated order from 14 March 2025.
I am satisfied that the landlord has proven their claim for the rent arrear and water bills.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace light bulbs.
The landlord provided the Tribunal with the exit report and detailed photos and invoices for work needed at the end of the tenancy.
The property was not left clean and tidy, the lawns were overgrown and there was rubbish left throughout the property that required removal.
The photos and exit report support the invoices for the following: a) $180.00 for the lawns b) $350.00 for cleaning the inside of the property. c) $750.00 for the rubbish removal.
The tenant did not return the keys to the back and front doors. The landlord provided an invoice for $195.00 for key replacement.
The cost of the replacement light bulbs were attached to the maintenance invoice.
I am satisfied that the amounts ordered are proven by the landlord.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: -Tenant had left a number of plastered patches throughout the property that require repainting. -Ranch slider had an unauthorised bolt added to it. The bolt attached was of poor installation and had to be removed. -The light bulbs needed replacing, which is the obligation of the tenant under the tenancy agreement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
However, the landlord had claimed for the following which I consider to be general maintenance and not something that should be passed on to the tenant to pay: a) Replace broken window latches b) Fix broken/ loose hinges in kitchen cupboards. c) Replace faulty isolator tap in tub. d) Replace broken runner for kitchen cupboards.
There has been no evidence to suggest that these repairs were as a result of intentional damage. I am not awarding the landlord for these costs.
All the repairs and maintenance were not itemised on the invoice; therefore, I am not able to state what should be the cost of each item of work carried out.
The landlord and I have agreed that a sum of $200.00 should be made for the work that I accept was not maintenance, such as the ranch slider lock removal and repainting of some walls.
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 items at the start of the tenancy and their likely useful lifespan.
I am satisfied that the landlord has proven their claims for the repairs and damages.
Because Naturally Keen Limited, Trading As Keen On Rentals has wholly succeeded with the claim I must reimburse the filing fee.
The Bond centre is to refund the bond to the landlord to offset the cost of the debt owed by the tenant to the landlord.

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 5284600 — net $3,338.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 May 2025	$2,721.68	Rent arrears to 15 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$835.25	Water rates
Lock/key replacement: Entrance doors	$195.00	Lock/key replacement: Entrance doors
Rubbish removal	$750.00	Rubbish removal
Cleaning	$350.00	Cleaning
Lawns and Garden work	$180.00	Lawns and Garden work
Repairs	$200.00	Repairs
Net award	$3,338.93
Total payable by Tenant to Landlord	$3,338.93

Claims and awards for application 5284600 — net $3,338.93 NZD. Verify on MoJ.

Rent arrears to 15 May 2025

Amount: $2,721.68
Awarded to: Landlord
Reason: Rent arrears to 15 May 2025

Filing fee reimbursement

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

Water rates

Amount: $835.25
Awarded to: Landlord
Reason: Water rates

Lock/key replacement: Entrance doors

Amount: $195.00
Awarded to: Landlord
Reason: Lock/key replacement: Entrance doors

Rubbish removal

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

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

Order

[The tenant/s] must pay Naturally Keen Limited, Trading As Keen On Rentals $3,338.93 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 15 May 2025$2,721.68 Filing fee reimbursement$27.00 Water rates$835.25 Lock/key replacement: Entrance doors$195.00 Rubbish removal$750.00 Cleaning$350.00 Lawns and Garden work$180.00 Repairs$200.00 Total award$5,258.93 Minus Bond$1,920.00 Total payable by Tenant to Landlord$3,338.93
The Bond Centre is to pay the bond of $1,920.00 (6221807-005) to Naturally Keen Limited, Trading As Keen On Rentals immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant on the mobile number given in the application, but it went unanswered. I have checked and the tenant was provided with a notice of hearing, so I am proceeding with the tenant’s absence.
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 and water rates?

The tenancy ended on 15 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears to 15 May 2025 were $2721.68 and the water bills were $835.25. The rent arrears included the unpaid meditated order from 14 March 2025.
I am satisfied that the landlord has proven their claim for the rent arrear and water bills.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace light bulbs.
The landlord provided the Tribunal with the exit report and detailed photos and invoices for work needed at the end of the tenancy.
The property was not left clean and tidy, the lawns were overgrown and there was rubbish left throughout the property that required removal.
The photos and exit report support the invoices for the following: a) $180.00 for the lawns b) $350.00 for cleaning the inside of the property. c) $750.00 for the rubbish removal.
The tenant did not return the keys to the back and front doors. The landlord provided an invoice for $195.00 for key replacement.
The cost of the replacement light bulbs were attached to the maintenance invoice.
I am satisfied that the amounts ordered are proven by the landlord.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: -Tenant had left a number of plastered patches throughout the property that require repainting. -Ranch slider had an unauthorised bolt added to it. The bolt attached was of poor installation and had to be removed. -The light bulbs needed replacing, which is the obligation of the tenant under the tenancy agreement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
However, the landlord had claimed for the following which I consider to be general maintenance and not something that should be passed on to the tenant to pay: a) Replace broken window latches b) Fix broken/ loose hinges in kitchen cupboards. c) Replace faulty isolator tap in tub. d) Replace broken runner for kitchen cupboards.
There has been no evidence to suggest that these repairs were as a result of intentional damage. I am not awarding the landlord for these costs.
All the repairs and maintenance were not itemised on the invoice; therefore, I am not able to state what should be the cost of each item of work carried out.
The landlord and I have agreed that a sum of $200.00 should be made for the work that I accept was not maintenance, such as the ranch slider lock removal and repainting of some walls.
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 items at the start of the tenancy and their likely useful lifespan.
I am satisfied that the landlord has proven their claims for the repairs and damages.
Because Naturally Keen Limited, Trading As Keen On Rentals has wholly succeeded with the claim I must reimburse the filing fee.
The Bond centre is to refund the bond to the landlord to offset the cost of the debt owed by the tenant to the landlord.

Tenancy Tribunal case 5284600 — Rent arrears at 426A Roscommon Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5284600 — Rent arrears at 426A Roscommon Road, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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