What was Tenancy Tribunal case 5318407 about?

The tribunal order states: [The party] and [The party] must pay Success Realty Taranaki Limited As

How much money was awarded in case 5318407?

Cleaning: $375.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Labour For Work Done: $966.00 awarded to landlord; Lightbulbs: $75.75 awarded to landlord; Mileage: $7.19 awarded to landlord; Property Damage: $80.62 awarded to landlord; Rubbish Removal: $73.60 awarded to landlord; Walls and Doors: $185.00 awarded to landlord

What type of tenancy dispute was case 5318407?

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

Where can I read the official tribunal order for case 5318407?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12850907-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318407 about?

The tribunal order states: [The party] and [The party] must pay Success Realty Taranaki Limited As

How much money was awarded in case 5318407?

Cleaning: $375.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Labour For Work Done: $966.00 awarded to landlord; Lightbulbs: $75.75 awarded to landlord; Mileage: $7.19 awarded to landlord; Property Damage: $80.62 awarded to landlord; Rubbish Removal: $73.60 awarded to landlord; Walls and Doors: $185.00 awarded to landlord

What type of tenancy dispute was case 5318407?

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

Where can I read the official tribunal order for case 5318407?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12850907-Tenancy_Tribunal_Order.pdf.

116 Fairfield Road, Hawera, Hawera 4610 Tenancy Tribunal Case 5318407 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5318407 — net $758.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Light bulbs	$75.75	Light bulbs
Repair of holes in walls and doors	$185.00	Repair of holes in walls and doors
Repair broken kitchen window	$80.62	Repair broken kitchen window
Rubbish removal	$73.60	Rubbish removal
Labour for work done	$966.00	Labour for work done
Mileage	$7.19	Mileage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Carpet Cleaning	$375.00	Carpet Cleaning
Net award	$758.66
Total payable by Tenant to Landlord	$758.66

[The party] and [The party] must pay Success Realty Taranaki Limited As Agent For Yogendra Singh Bhati $758.66 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,032.50 (3174292-009) to Success Realty Taranaki Limited As Agent For Yogendra Singh Bhati immediately.

Reasons

This application was scheduled to be heard by video conference. Neither of the tenants connected to the Teams link provided to them and nor did they answer either of the two calls I made to each of their phones. The hearing proceeded in their absence.

The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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.

At today’s hearing the landlord and I discussed reimbursement for light bulbs. I advised that I was satisfied to reimburse the landlord for missing light bulbs but not for burnt out light bulbs because bulbs are intended to be used during tenancies and in any case it could not be proven that these light bulbs were new at the beginning of the tenancy.

The cost of replacing the 10 missing light bulbs was proven with an invoice.

I accept the evidence that the tenants left two full rubbish bins at the end of the tenancy. The cost of remedying this was also proven with an invoice.

I also accept the evidence indicating that the carpets were left dirty, stained and smelly.

The cost of remedying this issue was also proved with an invoice.

Are the tenants 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) Holes in 2 doors and in walls throughout the tenancy: (b) Damage caused by attempted repairs of holes in walls: (c) A broken kitchen window

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved with an invoice. Filing fee reimbursement

I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful with the claim against them. C ter Haar 10 December 2025

Claims and awards in Tenancy Tribunal application 5318407 — net $758.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Light bulbs	$75.75	Light bulbs
Repair of holes in walls and doors	$185.00	Repair of holes in walls and doors
Repair broken kitchen window	$80.62	Repair broken kitchen window
Rubbish removal	$73.60	Rubbish removal
Labour for work done	$966.00	Labour for work done
Mileage	$7.19	Mileage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Carpet Cleaning	$375.00	Carpet Cleaning
Net award	$758.66
Total payable by Tenant to Landlord	$758.66

Order

[The party] and [The party] must pay Success Realty Taranaki Limited As Agent For Yogendra Singh Bhati $758.66 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,032.50 (3174292-009) to Success Realty Taranaki Limited As Agent For Yogendra Singh Bhati immediately.

Reasons

This application was scheduled to be heard by video conference. Neither of the tenants connected to the Teams link provided to them and nor did they answer either of the two calls I made to each of their phones. The hearing proceeded in their absence.
The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenants 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.
At today’s hearing the landlord and I discussed reimbursement for light bulbs. I advised that I was satisfied to reimburse the landlord for missing light bulbs but not for burnt out light bulbs because bulbs are intended to be used during tenancies and in any case it could not be proven that these light bulbs were new at the beginning of the tenancy.
The cost of replacing the 10 missing light bulbs was proven with an invoice.
I accept the evidence that the tenants left two full rubbish bins at the end of the tenancy. The cost of remedying this was also proven with an invoice.
I also accept the evidence indicating that the carpets were left dirty, stained and smelly.
The cost of remedying this issue was also proved with an invoice.

Are the tenants 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) Holes in 2 doors and in walls throughout the tenancy: (b) Damage caused by attempted repairs of holes in walls: (c) A broken kitchen window
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved with an invoice. Filing fee reimbursement
I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful with the claim against them. C ter Haar 10 December 2025

Tenancy Tribunal case 5318407 — Cleanliness at 116 Fairfield Road, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 5318407 — Cleanliness at 116 Fairfield Road, Hawera, Hawera 4610

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants 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

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

Are the tenants 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.