What was the outcome of Tenancy Tribunal case 5304182?

The tribunal order states: Barry William Samuel Rapana must pay Rent Right Property Management

How much money was awarded in case 5304182?

Cleaning: $218.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rent Arrears: $787.14 awarded to landlord

What type of tenancy dispute was case 5304182?

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

Where can I read the official tribunal order for case 5304182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12556219-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5304182?

The tribunal order states: Barry William Samuel Rapana must pay Rent Right Property Management

How much money was awarded in case 5304182?

Cleaning: $218.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rent Arrears: $787.14 awarded to landlord

What type of tenancy dispute was case 5304182?

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

Where can I read the official tribunal order for case 5304182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12556219-Tenancy_Tribunal_Order.pdf.

53 Te Raki Drive, Lincoln 7608 Tenancy Tribunal Case 5304182 — Property damage

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53 Te Raki Drive, Lincoln 7608 Tenancy Tribunal Case 5304182 — 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 5304182 — net $2,453.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$787.14	Rent arrears
Cleaning	$218.50	Cleaning
Repairs	$3,500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,453.64
Total payable by Tenant to Landlord	$2,453.64

Claims and awards for application 5304182 — net $2,453.64 NZD. Verify on MoJ.

Rent arrears

Amount: $787.14
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,453.64

Total payable by Tenant to Landlord

Landlord $2,453.64

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Barry William Samuel Rapana must pay Rent Right Property Management Limited As Agent For Advantage Rentals Ltd $2,453.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (6438976-004) to Rent Right Property Management Limited As Agent For Advantage Rentals Ltd immediately.

Reasons

Both parties attended the remote hearing.
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 11 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $787.14. The tenant agreed that the sum claimed was correct.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the premises which showed that in particular the kitchen, oven, skirtings and cupboards were not clean. The landlord provided an invoice for $218.50. The tenant did not dispute the amount claimed.
The amount claimed is reasonable. The tenant is ordered to pay the landlord $218.50.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $550.00 on each and every claim.
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: damage was caused to the entrance, master bedroom, bedrooms two and three including the ceiling, lounge, kitchen and garage. In some areas, it appeared that the tenant had attempted to make repairs. The repairs were poorly performed and require further work to be carried out. The landlord provided photos of the damage claimed. The landlord provided a quote for the repairs for $4,357.99. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 premises at the start of the tenancy and the likely useful lifespan. The premises were new at the start of the tenancy in 2022. Some wear and tear during a tenancy of more than three years is inevitable. Having taken those factors into account, the tenant is ordered to pay the landlord $3,500.00.
As Rent Right Property Management Limited As Agent For Advantage Rentals Ltd has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The tenants application is dismissed.

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 5304182 — net $2,453.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$787.14	Rent arrears
Cleaning	$218.50	Cleaning
Repairs	$3,500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,453.64
Total payable by Tenant to Landlord	$2,453.64

Claims and awards for application 5304182 — net $2,453.64 NZD. Verify on MoJ.

Rent arrears

Amount: $787.14
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,453.64

Total payable by Tenant to Landlord

Landlord $2,453.64

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Barry William Samuel Rapana must pay Rent Right Property Management Limited As Agent For Advantage Rentals Ltd $2,453.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (6438976-004) to Rent Right Property Management Limited As Agent For Advantage Rentals Ltd immediately.

Reasons

Both parties attended the remote hearing.
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 11 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $787.14. The tenant agreed that the sum claimed was correct.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the premises which showed that in particular the kitchen, oven, skirtings and cupboards were not clean. The landlord provided an invoice for $218.50. The tenant did not dispute the amount claimed.
The amount claimed is reasonable. The tenant is ordered to pay the landlord $218.50.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $550.00 on each and every claim.
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: damage was caused to the entrance, master bedroom, bedrooms two and three including the ceiling, lounge, kitchen and garage. In some areas, it appeared that the tenant had attempted to make repairs. The repairs were poorly performed and require further work to be carried out. The landlord provided photos of the damage claimed. The landlord provided a quote for the repairs for $4,357.99. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 premises at the start of the tenancy and the likely useful lifespan. The premises were new at the start of the tenancy in 2022. Some wear and tear during a tenancy of more than three years is inevitable. Having taken those factors into account, the tenant is ordered to pay the landlord $3,500.00.
As Rent Right Property Management Limited As Agent For Advantage Rentals Ltd has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The tenants application is dismissed.

Tenancy Tribunal case 5304182 — Property damage at 53 Te Raki Drive, Lincoln 7608

At a glance

Tenancy Tribunal case 5304182 — Property damage at 53 Te Raki Drive, Lincoln 7608

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

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