How much money was awarded in case 5331183?

Break Fee: $977.50 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $717.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $753.25 awarded to landlord; Rent Arrears: $5,824.98 awarded to landlord; Storage: $165.00 awarded to landlord

What type of tenancy dispute was case 5331183?

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

Where can I read the official tribunal order for case 5331183?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12593789-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5331183?

Break Fee: $977.50 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $717.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $753.25 awarded to landlord; Rent Arrears: $5,824.98 awarded to landlord; Storage: $165.00 awarded to landlord

What type of tenancy dispute was case 5331183?

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

Where can I read the official tribunal order for case 5331183?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12593789-Tenancy_Tribunal_Order.pdf.

31 Thelma Place, Lynmore, Rotorua 3010 Tenancy Tribunal Case 5331183 — Rent arrears

Q: What was Tenancy Tribunal case 5331183 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 31 Thelma Place,

Order

Claims and awards in Tenancy Tribunal application 5331183 — net $5,206.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break fee	$977.50	Break fee
Filing fee	$28.00	Filing fee
Rent arrears up to the date of new tenancy 19 September	$5,824.98	Rent arrears up to the date of new tenancy 19 September
Cleaning	$717.50	Cleaning
Carpet Cleaning	$140.00	Carpet Cleaning
Wall repairs	$753.25	Wall repairs
Storage	$165.00	Storage
Net award	$5,206.23
Total payable by Tenant to Landlord	$5,206.23

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 31 Thelma Place, Lynmore, Rotorua 3010 is terminated, and possession is granted to Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust, at 5 pm on 19 September 2025

The Bond Centre is to pay the bond of $3,400.00 (BN-00031331) to Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust immediately.

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust $5,206.23 immediately, calculated as shown in the table below:

Reasons

Mrs Muliaga appeared by phone; the other tenant did not make themselves available for the hearing. The applicant was represented by Ms Knowles.

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 was a fixed term tenancy that ended when a new tenant was found on the 19 th September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant accepted the amount owing and did not dispute the claim.

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.

Again, under the circumstances the tenant found herself in she accepted responsibility and did not dispute the claims sought.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: The wall was damaged and appeared to have occurred when moving furniture. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage and again accepted the costs.

The amounts ordered are proved.

The landlord claims from the tenant the cost to have the meth test carried out before the next tenancy commenced. The landlord claims that this would normally be the landlords’ costs at the commencement of a new tenancy. However, the claim is against the tenant for ending the fixed term tenancy early.

Breaking a fixed term tenancy does not make the tenant liable for meth testing costs. The landlord can only recover meth testing costs from the tenant if there is proven contamination attributable to the tenant. This was not the case here.

Previous decisions of the Tribunal confirm this. There is no requirement in the Residential Tenancies Act 1986 that a tenant must pay for meth testing when ending a tenancy. Therefore, this claim is dismissed.

The landlord claims break fees for ending the fixed term tenancy. Again, the tenant did not oppose this as being unreasonable and the new tenant was found to take over the fixed term tenancy.

Because Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5331183 — net $5,206.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break fee	$977.50	Break fee
Filing fee	$28.00	Filing fee
Rent arrears up to the date of new tenancy 19 September	$5,824.98	Rent arrears up to the date of new tenancy 19 September
Cleaning	$717.50	Cleaning
Carpet Cleaning	$140.00	Carpet Cleaning
Wall repairs	$753.25	Wall repairs
Storage	$165.00	Storage
Net award	$5,206.23
Total payable by Tenant to Landlord	$5,206.23

Order

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 31 Thelma Place, Lynmore, Rotorua 3010 is terminated, and possession is granted to Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust, at 5 pm on 19 September 2025
The Bond Centre is to pay the bond of $3,400.00 (BN-00031331) to Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust immediately.
[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust $5,206.23 immediately, calculated as shown in the table below:

Reasons

Mrs Muliaga appeared by phone; the other tenant did not make themselves available for the hearing. The applicant was represented by Ms Knowles.
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 was a fixed term tenancy that ended when a new tenant was found on the 19 th September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant accepted the amount owing and did not dispute the claim.

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.
Again, under the circumstances the tenant found herself in she accepted responsibility and did not dispute the claims sought.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: The wall was damaged and appeared to have occurred when moving furniture. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage and again accepted the costs.
The amounts ordered are proved.
The landlord claims from the tenant the cost to have the meth test carried out before the next tenancy commenced. The landlord claims that this would normally be the landlords’ costs at the commencement of a new tenancy. However, the claim is against the tenant for ending the fixed term tenancy early.
Breaking a fixed term tenancy does not make the tenant liable for meth testing costs. The landlord can only recover meth testing costs from the tenant if there is proven contamination attributable to the tenant. This was not the case here.
Previous decisions of the Tribunal confirm this. There is no requirement in the Residential Tenancies Act 1986 that a tenant must pay for meth testing when ending a tenancy. Therefore, this claim is dismissed.
The landlord claims break fees for ending the fixed term tenancy. Again, the tenant did not oppose this as being unreasonable and the new tenant was found to take over the fixed term tenancy.
Because Eves Realty Limited As Agent For The Tony & Shelly Taylor Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5331183 — Rent arrears at 31 Thelma Place, Lynmore, Rotorua 3010

At a glance

Tenancy Tribunal case 5331183 — Rent arrears at 31 Thelma Place, Lynmore, Rotorua 3010

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.