What was the outcome of Tenancy Tribunal case 5358702?

The tribunal order states: Rosemary Linda Jane’s application is dismissed.

How much money was awarded in case 5358702?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5358702?

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

Where can I read the official tribunal order for case 5358702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13343972-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5358702?

The tribunal order states: Rosemary Linda Jane’s application is dismissed.

How much money was awarded in case 5358702?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5358702?

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

Where can I read the official tribunal order for case 5358702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13343972-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 45 Elizabeth Street, Tauhara, Taupo 3330 Tenancy Tribunal Case 5358702 — Rent arrears

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Unit/Flat 1, 45 Elizabeth Street, Tauhara, Taupo 3330 Tenancy Tribunal Case 5358702 — Rent arrears | TenantCheck

Order

Rosemary Linda Jane’s application is dismissed.
Rosemary Linda Jane to pay Property Brokers Limited $4,245.00 immediately, calculated as follows: DescriptionAmount Rent arrears to 23 October 20254,290.00 Ranchslider glass75.00 Rubbish disposal89.60 Broken toilet seat29.98 Locks and keys23.00 Cleaning410.00 Pet stain treatment287.50 Handyman repairs345.00 Replacement blind227.00 DescriptionAmount Filing fee28.00 Total5,805.08 Less bond applied/released to landlord(1,560.00) Balance payable by tenant4,245.08

Reasons

Both parties were scheduled to attend the hearing. The landlord attended. The tenant did not attend, despite the matter having previously been adjourned to allow her time to consider and respond to the landlord’s claims. I am satisfied the tenant had a reasonable opportunity to do so, and I determined the matter in her absence.
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 23 October 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy: $4,290.00
The bond was refunded to cover some of the rent arrears leaving a balance of $2,730.00.

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.
The Tenant did not comply with her obligations at the end of the tenancy. The Landlord proved the following losses: a. disposal of 320kg of rubbish: $89.60 b. replacement of keys during the tenancy: $23.00 c. cleaning of the premises – dirt left behind after rubbish removal – dirt and other organic material on wall and floor surfaces: $410.00 d. replacement of broken toilet seat: $29.98 e. carpet cleaning: treatment of pet stains and urine: $287.50
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: a. ranchslider glass panel (excluding labour, included in the handy-man component, below): $75.00 b. handyman repairs, including: holes in the ceiling, cupboard door hinges, fixing the garage ranchslider lock, labour, wall in garage put up illegally, removing broken blind in the kitchen, and fixing the sliding door in the toilet: $345.00 c. replacement of broken blind: $227.00
The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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 the Landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00

Order

Rosemary Linda Jane’s application is dismissed.
Rosemary Linda Jane to pay Property Brokers Limited $4,245.00 immediately, calculated as follows: DescriptionAmount Rent arrears to 23 October 20254,290.00 Ranchslider glass75.00 Rubbish disposal89.60 Broken toilet seat29.98 Locks and keys23.00 Cleaning410.00 Pet stain treatment287.50 Handyman repairs345.00 Replacement blind227.00 DescriptionAmount Filing fee28.00 Total5,805.08 Less bond applied/released to landlord(1,560.00) Balance payable by tenant4,245.08

Reasons

Both parties were scheduled to attend the hearing. The landlord attended. The tenant did not attend, despite the matter having previously been adjourned to allow her time to consider and respond to the landlord’s claims. I am satisfied the tenant had a reasonable opportunity to do so, and I determined the matter in her absence.
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 23 October 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy: $4,290.00
The bond was refunded to cover some of the rent arrears leaving a balance of $2,730.00.

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.
The Tenant did not comply with her obligations at the end of the tenancy. The Landlord proved the following losses: a. disposal of 320kg of rubbish: $89.60 b. replacement of keys during the tenancy: $23.00 c. cleaning of the premises – dirt left behind after rubbish removal – dirt and other organic material on wall and floor surfaces: $410.00 d. replacement of broken toilet seat: $29.98 e. carpet cleaning: treatment of pet stains and urine: $287.50
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: a. ranchslider glass panel (excluding labour, included in the handy-man component, below): $75.00 b. handyman repairs, including: holes in the ceiling, cupboard door hinges, fixing the garage ranchslider lock, labour, wall in garage put up illegally, removing broken blind in the kitchen, and fixing the sliding door in the toilet: $345.00 c. replacement of broken blind: $227.00
The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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 the Landlord has wholly succeeded with the claim I must reimburse the filing fee: $28.00

Tenancy Tribunal case 5358702 — Rent arrears at Unit/Flat 1, 45 Elizabeth Street, Tauhara, Taupo 3330

At a glance

Tenancy Tribunal case 5358702 — Rent arrears at Unit/Flat 1, 45 Elizabeth Street, Tauhara, Taupo 3330

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

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