What was Tenancy Tribunal case 5292181 about?

The tribunal order states: [The tenant/s] must pay Cbc Properties Tauranga (2015) Limited As Agent For

How much money was awarded in case 5292181?

Cleaning: $230.00 awarded to landlord; Curtains: $309.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass (Doors: $960.94 awarded to landlord; Heater: $235.00 awarded to landlord; Lightbulbs: $175.40 awarded to landlord; Property Damage: $185.00 awarded to landlord; Rent Arrears: $5,275.71 awarded to landlord

What type of tenancy dispute was case 5292181?

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

Where can I read the official tribunal order for case 5292181?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12626896-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5292181 about?

The tribunal order states: [The tenant/s] must pay Cbc Properties Tauranga (2015) Limited As Agent For

How much money was awarded in case 5292181?

Cleaning: $230.00 awarded to landlord; Curtains: $309.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass (Doors: $960.94 awarded to landlord; Heater: $235.00 awarded to landlord; Lightbulbs: $175.40 awarded to landlord; Property Damage: $185.00 awarded to landlord; Rent Arrears: $5,275.71 awarded to landlord

What type of tenancy dispute was case 5292181?

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

Where can I read the official tribunal order for case 5292181?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12626896-Tenancy_Tribunal_Order.pdf.

5 Nature Place, Greerton, Tauranga 3112 Tenancy Tribunal Case 5292181 — Rent arrears

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5 Nature Place, Greerton, Tauranga 3112 Tenancy Tribunal Case 5292181 — 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 5292181 — net $5,078.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lightbulbs, fire alarms, toilet roll holder, towel rail garage door	$175.40	Lightbulbs, fire alarms, toilet roll holder, towel rail garage door
Rent arrears to 25 June 2025	$5,275.71	Rent arrears to 25 June 2025
Carpet cleaning	$230.00	Carpet cleaning
Lock/key replacement	$185.00	Lock/key replacement
Heater	$235.00	Heater
Glass (doors	$960.94	Glass (doors
Curtains	$309.00	Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,078.05
Total payable by Tenant to Landlord	$5,078.05

Claims and awards for application 5292181 — net $5,078.05 NZD. Verify on MoJ.

Lightbulbs, fire alarms, toilet roll holder, towel rail garage door

Amount: $175.40
Awarded to: Landlord
Reason: Lightbulbs, fire alarms, toilet roll holder, towel rail garage door

Rent arrears to 25 June 2025

Amount: $5,275.71
Awarded to: Landlord
Reason: Rent arrears to 25 June 2025

Carpet cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet cleaning

Lock/key replacement

Amount: $185.00
Awarded to: Landlord
Reason: Lock/key replacement

Heater

Amount: $235.00
Awarded to: Landlord
Reason: Heater

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay Cbc Properties Tauranga (2015) Limited As Agent For Anthony & March Butler $5,078.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5796051-004) to Cbc Properties Tauranga (2015) Limited As Agent For Anthony & March Butler immediately.

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend.
The landlord has applied for rent arrears, water rates, 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 25 June 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord provided a summary of water payments from the local Council and confirmed that this was shared. They say that the tenant failed to pay their half.
The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities (section 39(3) Residential Tenancies Act 1986 (RTA)).
Furthermore, any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, is of no effect (section 11 RTA).
Thus, the intention of the RTA is that tenants are liable for utilities they actually consume.
Accordingly, I am unable to make any award for water rates.

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 landlord did not provide sufficient evidence to prove that the premises was not left reasonably clean and tidy so this part of their claim is not proven.
The carpet had to be cleaned due to animal urine smells as noted on the invoice provided.
The tenant left some keys behind but as they did not fit the locks at the premises, the locks had to be changed.
The following chattels were missing at the end of the tenancy: bedroom curtains, panel heater, lightbulbs and smoke alarms.
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.
The following damage was caused during the tenancy: smashed front doors, toilet roll holder and towel rail off the wall, garage door mechanism not working. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it likely that this is intentional damage rather than careless type damage.
The amounts ordered are proved. Lost rent
The landlord claims $600.00 for one week of ‘lost rent.’
Tenants are not required to leave premises in such a condition that a new tenant can move in straight away. A realistic landlord’s business plan should, therefore, include an allowance for some loss of rent between tenancies, particularly where a tenancy has lasted for some time.
This part of the claim is dismissed. There is no evidence of extensive damage throughout the premises; nor that a new tenancy was delayed due to the time taken to remedy. Filing fee
As the landlord has substantially succeeded with the claim, the tenant 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 5292181 — net $5,078.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lightbulbs, fire alarms, toilet roll holder, towel rail garage door	$175.40	Lightbulbs, fire alarms, toilet roll holder, towel rail garage door
Rent arrears to 25 June 2025	$5,275.71	Rent arrears to 25 June 2025
Carpet cleaning	$230.00	Carpet cleaning
Lock/key replacement	$185.00	Lock/key replacement
Heater	$235.00	Heater
Glass (doors	$960.94	Glass (doors
Curtains	$309.00	Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,078.05
Total payable by Tenant to Landlord	$5,078.05

Claims and awards for application 5292181 — net $5,078.05 NZD. Verify on MoJ.

Lightbulbs, fire alarms, toilet roll holder, towel rail garage door

Amount: $175.40
Awarded to: Landlord
Reason: Lightbulbs, fire alarms, toilet roll holder, towel rail garage door

Rent arrears to 25 June 2025

Amount: $5,275.71
Awarded to: Landlord
Reason: Rent arrears to 25 June 2025

Carpet cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet cleaning

Lock/key replacement

Amount: $185.00
Awarded to: Landlord
Reason: Lock/key replacement

Heater

Amount: $235.00
Awarded to: Landlord
Reason: Heater

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay Cbc Properties Tauranga (2015) Limited As Agent For Anthony & March Butler $5,078.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5796051-004) to Cbc Properties Tauranga (2015) Limited As Agent For Anthony & March Butler immediately.

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend.
The landlord has applied for rent arrears, water rates, 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 25 June 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord provided a summary of water payments from the local Council and confirmed that this was shared. They say that the tenant failed to pay their half.
The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities (section 39(3) Residential Tenancies Act 1986 (RTA)).
Furthermore, any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, is of no effect (section 11 RTA).
Thus, the intention of the RTA is that tenants are liable for utilities they actually consume.
Accordingly, I am unable to make any award for water rates.

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 landlord did not provide sufficient evidence to prove that the premises was not left reasonably clean and tidy so this part of their claim is not proven.
The carpet had to be cleaned due to animal urine smells as noted on the invoice provided.
The tenant left some keys behind but as they did not fit the locks at the premises, the locks had to be changed.
The following chattels were missing at the end of the tenancy: bedroom curtains, panel heater, lightbulbs and smoke alarms.
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.
The following damage was caused during the tenancy: smashed front doors, toilet roll holder and towel rail off the wall, garage door mechanism not working. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it likely that this is intentional damage rather than careless type damage.
The amounts ordered are proved. Lost rent
The landlord claims $600.00 for one week of ‘lost rent.’
Tenants are not required to leave premises in such a condition that a new tenant can move in straight away. A realistic landlord’s business plan should, therefore, include an allowance for some loss of rent between tenancies, particularly where a tenancy has lasted for some time.
This part of the claim is dismissed. There is no evidence of extensive damage throughout the premises; nor that a new tenancy was delayed due to the time taken to remedy. Filing fee
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5292181 — Rent arrears at 5 Nature Place, Greerton, Tauranga 3112

At a glance

Tenancy Tribunal case 5292181 — Rent arrears at 5 Nature Place, Greerton, Tauranga 3112

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