What was Tenancy Tribunal case 5354987 about?

The tribunal order states: [The tenant/s] must pay KTW Limited, [The landlord/s], [The landlord/s] $417.77 immediately, calculated as shown in table below.

How much money was awarded in case 5354987?

Cleaning: $540.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,078.39 awarded to landlord; Clothesline: $124.51 awarded to landlord; Curtain Rail: $37.50 awarded to landlord; Window Latch: $53.50 awarded to landlord; Replace Furnishings: Oven Tray: $42.00 awarded to landlord; Rubbish Removal: $653.87 awarded to landlord

What type of tenancy dispute was case 5354987?

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

Where can I read the official tribunal order for case 5354987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717061-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5354987 about?

The tribunal order states: [The tenant/s] must pay KTW Limited, [The landlord/s], [The landlord/s] $417.77 immediately, calculated as shown in table below.

How much money was awarded in case 5354987?

Cleaning: $540.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,078.39 awarded to landlord; Clothesline: $124.51 awarded to landlord; Curtain Rail: $37.50 awarded to landlord; Window Latch: $53.50 awarded to landlord; Replace Furnishings: Oven Tray: $42.00 awarded to landlord; Rubbish Removal: $653.87 awarded to landlord

What type of tenancy dispute was case 5354987?

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

Where can I read the official tribunal order for case 5354987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717061-Tribunal_Order.pdf.

160 College Street, Te Awamutu, Te Awamutu 3800 Tenancy Tribunal Case 5354987 — Rent arrears

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160 College Street, Te Awamutu, Te Awamutu 3800 Tenancy Tribunal Case 5354987 — 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 5354987 — net $417.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,078.39	Rent arrears
Repairs: curtain rail	$37.50	Repairs: curtain rail
Repairs: window latch	$53.50	Repairs: window latch
Repairs: clothesline	$124.51	Repairs: clothesline
Replace furnishings: oven tray	$42.00	Replace furnishings: oven tray
Cleaning	$540.00	Cleaning
Rubbish removal	$653.87	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$417.77
Total payable by Tenant to Landlord	$417.77

Claims and awards for application 5354987 — net $417.77 NZD. Verify on MoJ.

Rent arrears

Amount: $1,078.39
Awarded to: Landlord
Reason: Rent arrears

Repairs: curtain rail

Amount: $37.50
Awarded to: Landlord
Reason: Repairs: curtain rail

Repairs: window latch

Amount: $53.50
Awarded to: Landlord
Reason: Repairs: window latch

Repairs: clothesline

Amount: $124.51
Awarded to: Landlord
Reason: Repairs: clothesline

Replace furnishings: oven tray

Amount: $42.00
Awarded to: Landlord
Reason: Replace furnishings: oven tray

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay KTW Limited, [The landlord/s], [The landlord/s] $417.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,140.00 (3002065-011) to KTW Limited, [The landlord/s], [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not appear and the hearing was held in their absence.
Property Scouts took over management of the tenancy on 21 May 2023 and the current property managers purchased the rent roll and started management of the tenancy on 3 March 2025 .
The application was filed in the company name KTW limited but the tenancy names the landlord as Property Scouts and this is added as the applicant.
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 2 September 2025 after the tenant emailed his notice to end the tenancy on 12 August 2025, saying just letting you know that I am handing in my notice from tomorrow 13 August 2025.
The landlords calculated 21 days from the notice date taking this as the end date for the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
For the cleaning claim evidence was provided including 2 bathrooms, floors and kitchen, including the oven. The cleaning account included the cost to clean the walls but no evidence was provided to support this.
Rubbish was left at the premise including white wear and two mattresses, tires, a rubbish bag and some smaller items left in cupboards and drawers. The evidence provided did not support the full amount claimed and a reduced amount is awarded.
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) a curtain rail was broken b) a bathroom window latch was missing c) the clothesline wire was broken d) an oven tray was damaged beyond cleaning
Evidence was provided establishing that the damages occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find this careless damage.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because KTW Limited, [The landlord/s], [The landlord/s] has wholly succeeded with the claim I must reimburse 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 5354987 — net $417.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,078.39	Rent arrears
Repairs: curtain rail	$37.50	Repairs: curtain rail
Repairs: window latch	$53.50	Repairs: window latch
Repairs: clothesline	$124.51	Repairs: clothesline
Replace furnishings: oven tray	$42.00	Replace furnishings: oven tray
Cleaning	$540.00	Cleaning
Rubbish removal	$653.87	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$417.77
Total payable by Tenant to Landlord	$417.77

Claims and awards for application 5354987 — net $417.77 NZD. Verify on MoJ.

Rent arrears

Amount: $1,078.39
Awarded to: Landlord
Reason: Rent arrears

Repairs: curtain rail

Amount: $37.50
Awarded to: Landlord
Reason: Repairs: curtain rail

Repairs: window latch

Amount: $53.50
Awarded to: Landlord
Reason: Repairs: window latch

Repairs: clothesline

Amount: $124.51
Awarded to: Landlord
Reason: Repairs: clothesline

Replace furnishings: oven tray

Amount: $42.00
Awarded to: Landlord
Reason: Replace furnishings: oven tray

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay KTW Limited, [The landlord/s], [The landlord/s] $417.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,140.00 (3002065-011) to KTW Limited, [The landlord/s], [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not appear and the hearing was held in their absence.
Property Scouts took over management of the tenancy on 21 May 2023 and the current property managers purchased the rent roll and started management of the tenancy on 3 March 2025 .
The application was filed in the company name KTW limited but the tenancy names the landlord as Property Scouts and this is added as the applicant.
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 2 September 2025 after the tenant emailed his notice to end the tenancy on 12 August 2025, saying just letting you know that I am handing in my notice from tomorrow 13 August 2025.
The landlords calculated 21 days from the notice date taking this as the end date for the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
For the cleaning claim evidence was provided including 2 bathrooms, floors and kitchen, including the oven. The cleaning account included the cost to clean the walls but no evidence was provided to support this.
Rubbish was left at the premise including white wear and two mattresses, tires, a rubbish bag and some smaller items left in cupboards and drawers. The evidence provided did not support the full amount claimed and a reduced amount is awarded.
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) a curtain rail was broken b) a bathroom window latch was missing c) the clothesline wire was broken d) an oven tray was damaged beyond cleaning
Evidence was provided establishing that the damages occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find this careless damage.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because KTW Limited, [The landlord/s], [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5354987 — Rent arrears at 160 College Street, Te Awamutu, Te Awamutu 3800

At a glance

Tenancy Tribunal case 5354987 — Rent arrears at 160 College Street, Te Awamutu, Te Awamutu 3800

At a glance

Award balance

Claims & awards

Dismissed claims

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

Award balance

Claims & awards

Dismissed claims

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