What was Tenancy Tribunal case 5291220 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Far North Circle Real Estate Limited as agent for Leslie

How much money was awarded in case 5291220?

Cleaning: $230.00 awarded to landlord; Cleaning: $733.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $304.12 awarded to landlord; Property Damage: $275.00 awarded to landlord; Property Damage: $163.20 awarded to landlord; Property Damage: $410.00 awarded to landlord; Rubbish Removal: $764.75 awarded to landlord; Water Rates: $578.90 awarded to landlord

What type of tenancy dispute was case 5291220?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5291220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430304-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5291220 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Far North Circle Real Estate Limited as agent for Leslie

How much money was awarded in case 5291220?

Cleaning: $230.00 awarded to landlord; Cleaning: $733.80 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Property Damage: $304.12 awarded to landlord; Property Damage: $275.00 awarded to landlord; Property Damage: $163.20 awarded to landlord; Property Damage: $410.00 awarded to landlord; Rubbish Removal: $764.75 awarded to landlord; Water Rates: $578.90 awarded to landlord

What type of tenancy dispute was case 5291220?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5291220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430304-Tenancy_Tribunal_Order.pdf.

16A Jamieson Road, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 5291220 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5291220 — net $3,716.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$578.90	Water rates
Cleaning	$733.80	Cleaning
Carpet cleaning	$230.00	Carpet cleaning
Rubbish removal	$764.75	Rubbish removal
Lawns and garden work	$230.00	Lawns and garden work
Lock/key replacement	$304.12	Lock/key replacement
Carpet replacement	$275.00	Carpet replacement
Window repairs	$163.20	Window repairs
Repairs to doors	$410.00	Repairs to doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,716.77
Total payable by Tenant to Landlord	$3,716.77

Only the landlord, represented by Ms Loane. attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time and could not be contacted by telephone. As the tenant has been notified, the hearing proceeded.

This tenancy began on 16 September 2020 came to an end on 2 June 2025. The landlord has applied for water charges, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 2 June 2025, following an order of the Tribunal. The landlord provided evidence in support of the water rates being claimed at the end of the tenancy, which includes oral evidence, a tenant ledger, and photographic evidence of the final meter reading. The amount claimed 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 cleaning, carpet cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and photographs. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amounts ordered are proved.

The tenant did not return the keys, so the locks and keys were changed. An invoice for this cost was provided.

Lawnmowing and gardening costs were also incurred at the end of the tenancy.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord claims compensation for 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) of the 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 advises that the landlord/owner is not insured for tenant damage.

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.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Carpet in the bedroom: the landlord’s photographic evidence shows significant staining, which could not be removed with professional cleaning. The carpet had to be replaced, with the replacement cost being $550.00, as shown in the invoice. The landlord advises that the carpet was brand new at the start of the tenancy, so it would be around 5 years old at the end. The expected useful lifespan of carpet is around 10 years, and so the depreciated amount of $275.00 is awarded to the landlord. b. Damage to two bedroom doors: There were holes in both doors, and due to the nature of the damage, the doors had to be replaced. The landlord has explained that these are wooden veneer doors. The landlord seeks the cost of the doors, and has not included the cost to install them. The amount of $410.00 ($205.00 per door), as claimed, is considered to be reasonable, and is awarded to the landlord. c. Window damage: the landlord incurred the cost of repairing a window at the neighbour’s property, which was damaged by the tenant’s grandchild. The invoice has been provided.

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

The amounts ordered above 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 items at the start of the tenancy and their likely useful lifespan. Filing fee and name suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The landlord does not seek name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5291220 — net $3,716.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$578.90	Water rates
Cleaning	$733.80	Cleaning
Carpet cleaning	$230.00	Carpet cleaning
Rubbish removal	$764.75	Rubbish removal
Lawns and garden work	$230.00	Lawns and garden work
Lock/key replacement	$304.12	Lock/key replacement
Carpet replacement	$275.00	Carpet replacement
Window repairs	$163.20	Window repairs
Repairs to doors	$410.00	Repairs to doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,716.77
Total payable by Tenant to Landlord	$3,716.77

This tenancy began on 16 September 2020 came to an end on 2 June 2025. The landlord has applied for water charges, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not return the keys, so the locks and keys were changed. An invoice for this cost was provided.

Lawnmowing and gardening costs were also incurred at the end of the tenancy.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord advises that the landlord/owner is not insured for tenant damage.

Is the tenant responsible for the damage to the premises?

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

The amounts ordered above are proved.

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The landlord does not seek name suppression.

Tenancy Tribunal case 5291220 — Property damage at 16A Jamieson Road, Kaitaia, Kaitaia 0410

At a glance

Tenancy Tribunal case 5291220 — Property damage at 16A Jamieson Road, Kaitaia, Kaitaia 0410

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Reduce avoidable tribunal risk with proper tenant checks.