What was Tenancy Tribunal case 5331359 about?

The tribunal order states: [The tenant/s] tenant/s] to pay J C Realty Limited As Agent For Jian-Shu Qui

How much money was awarded in case 5331359?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5331359?

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

Where can I read the official tribunal order for case 5331359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12722852-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5331359 about?

The tribunal order states: [The tenant/s] tenant/s] to pay J C Realty Limited As Agent For Jian-Shu Qui

How much money was awarded in case 5331359?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5331359?

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

Where can I read the official tribunal order for case 5331359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12722852-Tenancy_Tribunal_Order.pdf.

159B Old Taupo Road, Utuhina, Rotorua 3015 Tenancy Tribunal Case 5331359 — Rent arrears

Order

[The tenant/s] tenant/s] to pay J C Realty Limited As Agent For Jian-Shu Qui $3,774.91 immediately, calculated as follows: DescriptionAmount Rent arrears$1,230.20 Compensation – rubbish removal$765.00 Compensation – oven clean$75.00 Compensation – house clean inside & out$400.00 Compensation – carpet cleaning$140.00 Compensation – replace locks x3 (keys not returned)$195.00 Compensation – replace removed shed$260.00 Compensation – stolen hot water cylinder$2,661.71 Compensation – repair garage door & lock$140.00 Compensation – fix broken windows (x2)$150.00 Compensation – repair hole in wall$50.00 Filing fee reimbursement$28.00 Total$6,094.91 Minus Bond$2,320.00 Tenant to pay$3,774.91

Reasons

The landlord attended the 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 premises were vacated on 8 July 2025. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $1,230.20.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.
A large amount of rubbish was left behind throughout the house and grounds. The Landlord’s photographic evidence and the invoice produced support the extent of the rubbish removal required.
The interior and exterior were left in a dirty and unhygienic condition (requiring cleaning inside and out, oven cleaning, carpet cleaning), and chattels were missing at the end of the tenancy.
A considerable amount of rubbish was left behind. The attached invoice is consistent with the Landlord’s evidence. This is a breach of s 40(1)(e)(ii) and the amount is reasonable: $765.00
The property manager described the oven as filthy. The cost is reasonable and proved: $75.00
The walls and floor surfaces were dirty, caked with grime and organic matter. The Landlord spent approximately three weeks cleaning the property and has not claimed all her time. The claim is reasonable: $400.00
Required due to stains and a build-up of dirt and organic matter. This is more than fair wear and tear. The claim is proved: $140.00
The Tenant did not return the keys. The Landlord was required to replace the locks (x3) for security. This is proved and reasonable: $195.00
The garden shed was removed from the premises. The Landlord replaced it with a second-hand shed. This is proved and reasonable: $260.00

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:
When the tenant vacated, people remained at the property (squatters) who, on balance, had been living there with the Tenant’s express permission during the tenancy. The hot water cylinder was removed/stolen during this period. That constitutes intentional or, at minimum, careless damage for which the tenant remains liable: $2,661.71
The garage door and locking mechanism were damaged and the garage was not functioning properly at the end of the tenancy. This damage was not present before. The cost is modest and proved: $140.00
Two windows were broken at the end of the tenancy. On the landlord’s evidence, they were not broken prior. The cost is modest and proved: $150.00
A reasonably sized hole was present in the laundry wall. While not clearly visible in the photos, I accept the property manager’s evidence. Cost is reasonable: $50.00
The amounts ordered are proved.
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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because J C Realty Limited as agent for Jian-Shu Qiu has wholly succeeded with the claim, I must reimburse the filing fee.

Order

[The tenant/s] tenant/s] to pay J C Realty Limited As Agent For Jian-Shu Qui $3,774.91 immediately, calculated as follows: DescriptionAmount Rent arrears$1,230.20 Compensation – rubbish removal$765.00 Compensation – oven clean$75.00 Compensation – house clean inside & out$400.00 Compensation – carpet cleaning$140.00 Compensation – replace locks x3 (keys not returned)$195.00 Compensation – replace removed shed$260.00 Compensation – stolen hot water cylinder$2,661.71 Compensation – repair garage door & lock$140.00 Compensation – fix broken windows (x2)$150.00 Compensation – repair hole in wall$50.00 Filing fee reimbursement$28.00 Total$6,094.91 Minus Bond$2,320.00 Tenant to pay$3,774.91

Reasons

The landlord attended the 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 premises were vacated on 8 July 2025. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $1,230.20.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.
A large amount of rubbish was left behind throughout the house and grounds. The Landlord’s photographic evidence and the invoice produced support the extent of the rubbish removal required.
The interior and exterior were left in a dirty and unhygienic condition (requiring cleaning inside and out, oven cleaning, carpet cleaning), and chattels were missing at the end of the tenancy.
A considerable amount of rubbish was left behind. The attached invoice is consistent with the Landlord’s evidence. This is a breach of s 40(1)(e)(ii) and the amount is reasonable: $765.00
The property manager described the oven as filthy. The cost is reasonable and proved: $75.00
The walls and floor surfaces were dirty, caked with grime and organic matter. The Landlord spent approximately three weeks cleaning the property and has not claimed all her time. The claim is reasonable: $400.00
Required due to stains and a build-up of dirt and organic matter. This is more than fair wear and tear. The claim is proved: $140.00
The Tenant did not return the keys. The Landlord was required to replace the locks (x3) for security. This is proved and reasonable: $195.00
The garden shed was removed from the premises. The Landlord replaced it with a second-hand shed. This is proved and reasonable: $260.00

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:
When the tenant vacated, people remained at the property (squatters) who, on balance, had been living there with the Tenant’s express permission during the tenancy. The hot water cylinder was removed/stolen during this period. That constitutes intentional or, at minimum, careless damage for which the tenant remains liable: $2,661.71
The garage door and locking mechanism were damaged and the garage was not functioning properly at the end of the tenancy. This damage was not present before. The cost is modest and proved: $140.00
Two windows were broken at the end of the tenancy. On the landlord’s evidence, they were not broken prior. The cost is modest and proved: $150.00
A reasonably sized hole was present in the laundry wall. While not clearly visible in the photos, I accept the property manager’s evidence. Cost is reasonable: $50.00
The amounts ordered are proved.
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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because J C Realty Limited as agent for Jian-Shu Qiu has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5331359 — Rent arrears at 159B Old Taupo Road, Utuhina, Rotorua 3015

Tenancy Tribunal case 5331359 — Rent arrears at 159B Old Taupo Road, Utuhina, Rotorua 3015

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.