What was Tenancy Tribunal case 5317476 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Summit Property Management Limited As Agent For

How much money was awarded in case 5317476?

Filing Fee: $28.00 awarded to landlord; Property Damage: $86.37 awarded to landlord; Rent Arrears: $1,787.14 awarded to landlord; Property Damage: $1,013.13 awarded to landlord; Toilet (Excess: $550.00 awarded to landlord; Rubbish Removal: $1,395.00 awarded to landlord

What type of tenancy dispute was case 5317476?

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

Where can I read the official tribunal order for case 5317476?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12679134-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5317476 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Summit Property Management Limited As Agent For

How much money was awarded in case 5317476?

Filing Fee: $28.00 awarded to landlord; Property Damage: $86.37 awarded to landlord; Rent Arrears: $1,787.14 awarded to landlord; Property Damage: $1,013.13 awarded to landlord; Toilet (Excess: $550.00 awarded to landlord; Rubbish Removal: $1,395.00 awarded to landlord

What type of tenancy dispute was case 5317476?

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

Where can I read the official tribunal order for case 5317476?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12679134-Tenancy_Tribunal_Order.pdf.

21 Taupata Street, Stoke, Nelson 7011 Tenancy Tribunal Case 5317476 — Rent arrears

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21 Taupata Street, Stoke, Nelson 7011 Tenancy Tribunal Case 5317476 — 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 5317476 — net $2,779.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,787.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Rubbish removal	$1,395.00	Rubbish removal
Repairs: Damage to internal walls and surrounds	$1,013.13	Repairs: Damage to internal walls and surrounds
Lock/key replacement: 50% part share	$86.37	Lock/key replacement: 50% part share
Repairs: Toilet (excess	$550.00	Repairs: Toilet (excess
Net award	$2,779.64
Total payable by Tenant to Landlord	$2,779.64

Claims and awards for application 5317476 — net $2,779.64 NZD. Verify on MoJ.

Rent arrears

Amount: $1,787.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Rubbish removal

Amount: $1,395.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Damage to internal walls and surrounds

Amount: $1,013.13
Awarded to: Landlord
Reason: Repairs: Damage to internal walls and surrounds

Lock/key replacement: 50% part share

Amount: $86.37
Awarded to: Landlord
Reason: Lock/key replacement: 50% part share

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Summit Property Management Limited As Agent For Marc Bonthron $2,779.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (3364515-016) to Summit Property Management Limited As Agent For Marc Bonthron immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
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 9 June 2025 after a landlord notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not remove all rubbish. The landlord provided invoices and photos that confirm a large amount of abandoned items remained at the end of the tenancy. These required dismantling/uplift and removal. The cost awarded reasonably reflects the effort and disposal costs incurred.
The tenant did not return the keys to the garage door. This was replaced during the tenancy (March 2023) and the landlord did not request a key after the installer handed all keys to the tenant. At vacate, a locksmith attended and cut a set from the existing lock at a cost of $172.75. While the tenant failed to return the keys I have some mind to the landlord’s failure to require a key back in 2023 when they had instigated the door replacement. I have determined the cost should be shared and award $86.37 as tenant contribution to the cost.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken toilet cistern. The tenant advised the landlord this was broken after an object fell on it. The toilet required replacement at a cost of $955.53. This was sought as compensation but the landlord has an insurance policy with an excess of $550.00. I see no reason why insurance cannot cover such accidents as here and I award the lower excess amount of $550.00. The landlord can seek the balance via insurance. b. A wall lamp was loose and required an electrician to attend. The cost of this was $112.13 and sought as compensation. Having compared the entry and exit photos, and allowing for the aged condition that was obvious I do not find this to be more than wear and tear. As such, the cost remains with the landlord. c. The tenant made a number of changes to numerous walls and ceilings by repainting/decals, as well as adding some fixtures. There were some attempts at reinstatement by the end of the tenancy evidenced in photos but a significant remedial effort was still required. I have taken into account betterment and depreciation but the costs claimed reflect repair and reinstatement work beyond any costs that might attract depreciation. I award the $1,013 as invoiced and claimed. Filing fee
Because Summit Property Management Limited As Agent For Marc Bonthron has substantially succeeded with the claim I have reimbursed 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 5317476 — net $2,779.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,787.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Rubbish removal	$1,395.00	Rubbish removal
Repairs: Damage to internal walls and surrounds	$1,013.13	Repairs: Damage to internal walls and surrounds
Lock/key replacement: 50% part share	$86.37	Lock/key replacement: 50% part share
Repairs: Toilet (excess	$550.00	Repairs: Toilet (excess
Net award	$2,779.64
Total payable by Tenant to Landlord	$2,779.64

Claims and awards for application 5317476 — net $2,779.64 NZD. Verify on MoJ.

Rent arrears

Amount: $1,787.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Rubbish removal

Amount: $1,395.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Damage to internal walls and surrounds

Amount: $1,013.13
Awarded to: Landlord
Reason: Repairs: Damage to internal walls and surrounds

Lock/key replacement: 50% part share

Amount: $86.37
Awarded to: Landlord
Reason: Lock/key replacement: 50% part share

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Summit Property Management Limited As Agent For Marc Bonthron $2,779.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (3364515-016) to Summit Property Management Limited As Agent For Marc Bonthron immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
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 9 June 2025 after a landlord notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not remove all rubbish. The landlord provided invoices and photos that confirm a large amount of abandoned items remained at the end of the tenancy. These required dismantling/uplift and removal. The cost awarded reasonably reflects the effort and disposal costs incurred.
The tenant did not return the keys to the garage door. This was replaced during the tenancy (March 2023) and the landlord did not request a key after the installer handed all keys to the tenant. At vacate, a locksmith attended and cut a set from the existing lock at a cost of $172.75. While the tenant failed to return the keys I have some mind to the landlord’s failure to require a key back in 2023 when they had instigated the door replacement. I have determined the cost should be shared and award $86.37 as tenant contribution to the cost.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Broken toilet cistern. The tenant advised the landlord this was broken after an object fell on it. The toilet required replacement at a cost of $955.53. This was sought as compensation but the landlord has an insurance policy with an excess of $550.00. I see no reason why insurance cannot cover such accidents as here and I award the lower excess amount of $550.00. The landlord can seek the balance via insurance. b. A wall lamp was loose and required an electrician to attend. The cost of this was $112.13 and sought as compensation. Having compared the entry and exit photos, and allowing for the aged condition that was obvious I do not find this to be more than wear and tear. As such, the cost remains with the landlord. c. The tenant made a number of changes to numerous walls and ceilings by repainting/decals, as well as adding some fixtures. There were some attempts at reinstatement by the end of the tenancy evidenced in photos but a significant remedial effort was still required. I have taken into account betterment and depreciation but the costs claimed reflect repair and reinstatement work beyond any costs that might attract depreciation. I award the $1,013 as invoiced and claimed. Filing fee
Because Summit Property Management Limited As Agent For Marc Bonthron has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5317476 — Rent arrears at 21 Taupata Street, Stoke, Nelson 7011

At a glance

Tenancy Tribunal case 5317476 — Rent arrears at 21 Taupata Street, Stoke, Nelson 7011

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.