What was Tenancy Tribunal case 5307779 about?

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

How much money was awarded in case 5307779?

Cleaning: $1,100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $634.29 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5307779?

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

Where can I read the official tribunal order for case 5307779?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12619914-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5307779 about?

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

How much money was awarded in case 5307779?

Cleaning: $1,100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $634.29 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5307779?

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

Where can I read the official tribunal order for case 5307779?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12619914-Tenancy_Tribunal_Order.pdf.

8B Esk Street, Waitoa 3310 Tenancy Tribunal Case 5307779 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5307779 — net $2,422.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement 2 x insurance excesses applied to lounge and bedroom carpet replacement cost	$2,000.00	Carpet replacement 2 x insurance excesses applied to lounge and bedroom carpet replacement cost
Rent arrears to 27/6/2025	$634.29	Rent arrears to 27/6/2025
Rubbish removal	$460.00	Rubbish removal
Cleaning	$1,100.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,422.29
Total payable by Tenant to Landlord	$2,422.29

[The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd $2,422.29 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,800.00 (6545071-012) to Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.

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 at the end of the fixed term on 27/6/2025. 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 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 compensation awarded for cleaning is slightly less than that claimed to reflect that a tenant need not return a property to a landlord at the end of the tenancy, in a condition where it can be immediately relet. The required standard against which the assessment is made is “reasonable”.

The cleaning cost includes carpet cleaning and stain removal, which was effective in all rooms except the lounge and one bedroom (the stains and odour in the carpet in those rooms meant that the landlord needed to have the carpet replaced). That compensation claim is considered separately below.

The amounts ordered are proved by the evidence provided.

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.

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 carpet in two rooms at the property was damaged during the tenancy as outlined above. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has insurance with an excess of $1,000 per room and $2,000 is therefore awarded as compensation for the tenant’s breaches. The carpet stains in the other rooms at the property were largely remedied with the extensive cleaning completed (which the tenant has paid for) and therefore any remaining issues can objectively be considered to have arisen as a result of fair wear and tear.

The amounts ordered are proved and also take account of betterment and depreciation principles which I am required to consider.

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 carpet at the start of the tenancy and its likely useful lifespan.

Because Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5307779 — net $2,422.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement 2 x insurance excesses applied to lounge and bedroom carpet replacement cost	$2,000.00	Carpet replacement 2 x insurance excesses applied to lounge and bedroom carpet replacement cost
Rent arrears to 27/6/2025	$634.29	Rent arrears to 27/6/2025
Rubbish removal	$460.00	Rubbish removal
Cleaning	$1,100.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,422.29
Total payable by Tenant to Landlord	$2,422.29

Order

[The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd $2,422.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6545071-012) to Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
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 at the end of the fixed term on 27/6/2025. 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 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 compensation awarded for cleaning is slightly less than that claimed to reflect that a tenant need not return a property to a landlord at the end of the tenancy, in a condition where it can be immediately relet. The required standard against which the assessment is made is “reasonable”.
The cleaning cost includes carpet cleaning and stain removal, which was effective in all rooms except the lounge and one bedroom (the stains and odour in the carpet in those rooms meant that the landlord needed to have the carpet replaced). That compensation claim is considered separately below.
The amounts ordered are proved by the evidence provided.

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.
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 carpet in two rooms at the property was damaged during the tenancy as outlined above. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has insurance with an excess of $1,000 per room and $2,000 is therefore awarded as compensation for the tenant’s breaches. The carpet stains in the other rooms at the property were largely remedied with the extensive cleaning completed (which the tenant has paid for) and therefore any remaining issues can objectively be considered to have arisen as a result of fair wear and tear.
The amounts ordered are proved and also take account of betterment and depreciation principles which I am required to consider.
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 carpet at the start of the tenancy and its likely useful lifespan.
Because Inspire Real Estate Limited As Agent For Peter West And [The tenant/s] landlord/s] / Rolleston Rentals Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5307779 — Property damage at 8B Esk Street, Waitoa 3310

At a glance

Tenancy Tribunal case 5307779 — Property damage at 8B Esk Street, Waitoa 3310

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.