Tenantcheck Insights · Case study
Tenancy Tribunal case 5354987 — Rent arrears at 160 College Street, Te Awamutu, Te Awamutu 3800
Decided 14 Nov 2025 · Published 14 Nov 2025 · Application 5354987
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Location
Te Awamutu
Tribunal region
Adjudicator
T Harris
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,557.77
- Bond payment as ordered
- −$2,140.00
- Total balance for Tenant to pay Landlord
- $417.77
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | 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 |
Order
- [The tenant/s] tenant/s] must pay KTW Limited, [The tenant/s] landlord/s], [The tenant/s] 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 tenant/s] landlord/s], [The tenant/s] 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 tenant/s] landlord/s], [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
- KTW LIMITED as the agent for Henry Rombouts (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5354987 about?
The tribunal order states: [The tenant/s] tenant/s] must pay KTW Limited, [The tenant/s] landlord/s], [The tenant/s] 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.
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