What was Tenancy Tribunal case 5347161 about?

The tribunal order states: [The tenant/s] tenant/s] is to pay Gem Property Management Limited

How much money was awarded in case 5347161?

Broken Windows (Ranchslider Glass Pa…: $506.63 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $190.00 awarded to landlord; Rent Arrears: $2,507.14 awarded to landlord; Rubbish Removal: $391.00 awarded to landlord; Smoke Alarms: $704.38 awarded to landlord

What type of tenancy dispute was case 5347161?

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

Where can I read the official tribunal order for case 5347161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739878-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5347161 about?

The tribunal order states: [The tenant/s] tenant/s] is to pay Gem Property Management Limited

How much money was awarded in case 5347161?

Broken Windows (Ranchslider Glass Pa…: $506.63 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $190.00 awarded to landlord; Rent Arrears: $2,507.14 awarded to landlord; Rubbish Removal: $391.00 awarded to landlord; Smoke Alarms: $704.38 awarded to landlord

What type of tenancy dispute was case 5347161?

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

Where can I read the official tribunal order for case 5347161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739878-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 18 Pererika Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5347161 — Rent arrears

Tenantcheck Insights

Unit/Flat 4, 18 Pererika Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5347161 — 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 5347161. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,507.14	Rent arrears
Cleaning	$400.00	Cleaning
Carpet cleaning	$140.00	Carpet cleaning
Re-keying / lock repairs	$190.00	Re-keying / lock repairs
Rubbish removal	$391.00	Rubbish removal
Damage repairs (walls, latch, shower head, toilet seat, smoke alarm	$704.38	Damage repairs (walls, latch, shower head, toilet seat, smoke alarm
Broken windows (ranchslider glass panes	$506.63	Broken windows (ranchslider glass panes
Filing fee reimbursement	$28.00	e landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00 M Steens 19 November 2025 ______________________________________________…

Claims and awards for application 5347161. Verify on MoJ.

Rent arrears

Amount: $2,507.14
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet cleaning

Re-keying / lock repairs

Amount: $190.00
Awarded to: Landlord
Reason: Re-keying / lock repairs

Rubbish removal

Amount: $391.00
Awarded to: Landlord
Reason: Rubbish removal

Damage repairs (walls, latch, shower head, toilet seat, smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

[The tenant/s] tenant/s] is to pay Gem Property Management Limited $2,332.01 immediately, calculated as follows: DescriptionLandlord Rent arrears$2,507.14 Cleaning$400.00 Carpet cleaning$140.00 Re-keying / lock repairs$190.00 Rubbish removal$391.00 Damage repairs (walls, latch, shower head, toilet seat, smoke alarm)$704.38 Broken windows (ranchslider glass panes)$506.63 Filing fee reimbursement$28.00 Total award$4,867.15 Minus Bond-$1,800.00 Total payable by Tenant after bond applied$2,332.01
The Bond Centre is to pay the bond of $1,800.00 to Gem Property Management Limited immediately.

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 tenancy ended on 11 August 2025. The landlord produced rent records showing arrears of $2,507.14 outstanding at the end of the tenancy. I accept the records as accurate.

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 premises were not left reasonably clean and tidy. The landlord’s evidence was that the property had been newly renovated, including a new kitchen and bathroom, but on final inspection, the property manager states: a. The walls were dirty b. Skirting boards required cleaning c. The toilet was dirty d. Every cupboard in the kitchen required cleaning e. Cleaning products and household items were left behind f. The carpet had stains and urine, with a very strong odour
The cost of cleaning – including a carpet clean – was $400.00. I approve this claim.
The carpet required professional cleaning due to pungent urine smell. The landlord supplied an invoice for the second carpet clean, which I approve: $140.00.
The tenant did not return the keys and did not notify the property manager of any alternative arrangements. The ranchslider barrel lock was broken, requiring re- keying. I approve the costs of rekeying and repairing locks: $190.00.
A trailer load of rubbish, including a queen bed, was left on the premises, requiring removal: I approve is claim: $391.00.
A smoke alarm was missing at the end of the tenancy, and is dealt with below.

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 occurred during the tenancy: a. Two large glass panes in the ranchslider were broken. b. Three significant indents to walls across two wall surfaces. c. Broken window latch in the lounge. d. Broken shower head, broken toilet seat, and missing smoke alarm.
I have viewed the Landlord’s photographs and heard direct evidence from the property manager who was involved in the letting of the premises – including entry inspection – and find that the above damage is more than fair wear and tear and the tenant has not disproved liability. The landlord’s invoices establish the repair costs: a. Total damage repair: $704.38: made up of: i. Materials: $182.50 ii. Labour: $430.00 b. Broken windows repair: $506.63
The amounts claimed 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00

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 5347161. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,507.14	Rent arrears
Cleaning	$400.00	Cleaning
Carpet cleaning	$140.00	Carpet cleaning
Re-keying / lock repairs	$190.00	Re-keying / lock repairs
Rubbish removal	$391.00	Rubbish removal
Damage repairs (walls, latch, shower head, toilet seat, smoke alarm	$704.38	Damage repairs (walls, latch, shower head, toilet seat, smoke alarm
Broken windows (ranchslider glass panes	$506.63	Broken windows (ranchslider glass panes
Filing fee reimbursement	$28.00	e landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00 M Steens 19 November 2025 ______________________________________________…

Claims and awards for application 5347161. Verify on MoJ.

Rent arrears

Amount: $2,507.14
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet cleaning

Re-keying / lock repairs

Amount: $190.00
Awarded to: Landlord
Reason: Re-keying / lock repairs

Rubbish removal

Amount: $391.00
Awarded to: Landlord
Reason: Rubbish removal

Damage repairs (walls, latch, shower head, toilet seat, smoke alarm

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

[The tenant/s] tenant/s] is to pay Gem Property Management Limited $2,332.01 immediately, calculated as follows: DescriptionLandlord Rent arrears$2,507.14 Cleaning$400.00 Carpet cleaning$140.00 Re-keying / lock repairs$190.00 Rubbish removal$391.00 Damage repairs (walls, latch, shower head, toilet seat, smoke alarm)$704.38 Broken windows (ranchslider glass panes)$506.63 Filing fee reimbursement$28.00 Total award$4,867.15 Minus Bond-$1,800.00 Total payable by Tenant after bond applied$2,332.01
The Bond Centre is to pay the bond of $1,800.00 to Gem Property Management Limited immediately.

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 tenancy ended on 11 August 2025. The landlord produced rent records showing arrears of $2,507.14 outstanding at the end of the tenancy. I accept the records as accurate.

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 premises were not left reasonably clean and tidy. The landlord’s evidence was that the property had been newly renovated, including a new kitchen and bathroom, but on final inspection, the property manager states: a. The walls were dirty b. Skirting boards required cleaning c. The toilet was dirty d. Every cupboard in the kitchen required cleaning e. Cleaning products and household items were left behind f. The carpet had stains and urine, with a very strong odour
The cost of cleaning – including a carpet clean – was $400.00. I approve this claim.
The carpet required professional cleaning due to pungent urine smell. The landlord supplied an invoice for the second carpet clean, which I approve: $140.00.
The tenant did not return the keys and did not notify the property manager of any alternative arrangements. The ranchslider barrel lock was broken, requiring re- keying. I approve the costs of rekeying and repairing locks: $190.00.
A trailer load of rubbish, including a queen bed, was left on the premises, requiring removal: I approve is claim: $391.00.
A smoke alarm was missing at the end of the tenancy, and is dealt with below.

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 occurred during the tenancy: a. Two large glass panes in the ranchslider were broken. b. Three significant indents to walls across two wall surfaces. c. Broken window latch in the lounge. d. Broken shower head, broken toilet seat, and missing smoke alarm.
I have viewed the Landlord’s photographs and heard direct evidence from the property manager who was involved in the letting of the premises – including entry inspection – and find that the above damage is more than fair wear and tear and the tenant has not disproved liability. The landlord’s invoices establish the repair costs: a. Total damage repair: $704.38: made up of: i. Materials: $182.50 ii. Labour: $430.00 b. Broken windows repair: $506.63
The amounts claimed 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00

Tenancy Tribunal case 5347161 — Rent arrears at Unit/Flat 4, 18 Pererika Street, Victoria, Rotorua 3010

At a glance

Tenancy Tribunal case 5347161 — Rent arrears at Unit/Flat 4, 18 Pererika Street, Victoria, Rotorua 3010

At a glance

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.

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.