What was Tenancy Tribunal case 5362324 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Home Let Property Management Limited As Agent

How much money was awarded in case 5362324?

Rubbish Removal: $1,104.38 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Rent Arrears: $307.58 awarded to landlord; Plastering And Painting Walls: $547.75 awarded to landlord; Property Damage: $654.69 awarded to landlord

What type of tenancy dispute was case 5362324?

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

Where can I read the official tribunal order for case 5362324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12887196-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5362324 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Home Let Property Management Limited As Agent

How much money was awarded in case 5362324?

Rubbish Removal: $1,104.38 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Rent Arrears: $307.58 awarded to landlord; Plastering And Painting Walls: $547.75 awarded to landlord; Property Damage: $654.69 awarded to landlord

What type of tenancy dispute was case 5362324?

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

Where can I read the official tribunal order for case 5362324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12887196-Tenancy_Tribunal_Order.pdf.

321A Cobham Drive, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 5362324 — Property damage

Tenantcheck Insights

321A Cobham Drive, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 5362324 — Property damage | 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 5362324 — net $1,344.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: Broken front door pane and bathroom window	$654.69	Window repairs: Broken front door pane and bathroom window
Rent arrears to 25 August 2025	$307.58	Rent arrears to 25 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lock/key replacement	$130.00	Lock/key replacement
Electrical fittings replacement/repair	$92.00	Electrical fittings replacement/repair
Cleaning: and rubbish removal	$1,104.38	Cleaning: and rubbish removal
Repairs: plastering and painting walls	$547.75	Repairs: plastering and painting walls
Net award	$1,344.40
Total payable by Tenant to Landlord	$1,344.40

Claims and awards for application 5362324 — net $1,344.40 NZD. Verify on MoJ.

Window repairs: Broken front door pane and bathroom window

Amount: $654.69
Awarded to: Landlord
Reason: Window repairs: Broken front door pane and bathroom window

Rent arrears to 25 August 2025

Amount: $307.58
Awarded to: Landlord
Reason: Rent arrears to 25 August 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Electrical fittings replacement/repair

Amount: $92.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Home Let Property Management Limited As Agent For Helen Alley $1,344.40 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 25 August 2025$307.58 Filing fee reimbursement$28.00 Lock/key replacement$130.00 Electrical fittings replacement/repair$92.00 Cleaning: and rubbish removal$1,104.38 Window repairs: Broken front door pane and bathroom window $654.69 Repairs: plastering and painting walls$547.75 Total award$2,864.40 Minus Bond-$1,520.00 Total payable by Tenant to Landlord$1,344.40

Reasons

The landlord attended the hearing. The tenant did not attend. I rang her mobile number twice and left a message. The tenant did not answer the phone or seek an adjournment. She was served with the notice of hearing; therefore, I am proceeding with the hearing 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 25 August 2025. The landlord provided rent records, which prove the amount of $307.58 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 return the keys.
The landlord provided a pre let inspection report and photos and an exit report and photos. The exit photos show the property was not reasonably clean and tidy and that the tenant had not removed the rubbish from the bins and shed.
The landlord provided invoices for the cost of cleaning, rubbish removal and locksmiths invoices.
I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal and locksmiths’ costs.
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: -Two broken windows, one in the front door and the other in the bathroom. -Damaged walls and doors throughout the property. -Unauthorised electrician work carried out in shed and at front door.
The inspection reports and photos show that during the tenancy the property has been damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided invoices for the cost of the remedial electrical repairs at the front door and in the shed. Furthermore, invoices for the replastering and repainting of the walls and doors in the house and replacing the broken windows.
I am satisfied that the landlord has been thorough and provided proof of damage during this tenancy and the cost of repairs.
The amounts ordered are proved.
I do not have to take into account betterment and depreciation. While 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 nature of the damage, such as the broken windows and removing the unauthorised electrical work and consider that no further reductions need to be made for depreciation.
When considering the replastering and repainting I accept that the property was not newly painted at the start of the tenancy, but it was serviceable and adequate. The damage done to the property was intentional damage such as painting ¾ of a door black and drawing over the walls. I am not deducting depreciation costs in these circumstances.
Because Home Let Property Management Limited As Agent For Helen Alley has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has already claimed the bond of $1520.00 from the bond centre for the cost of the rent arrears and damages to the property.
The bond is deducted from the total cost of the claims proven in this order. For completeness, the tenant owes the sum of $1344.40 only.

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 5362324 — net $1,344.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: Broken front door pane and bathroom window	$654.69	Window repairs: Broken front door pane and bathroom window
Rent arrears to 25 August 2025	$307.58	Rent arrears to 25 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Lock/key replacement	$130.00	Lock/key replacement
Electrical fittings replacement/repair	$92.00	Electrical fittings replacement/repair
Cleaning: and rubbish removal	$1,104.38	Cleaning: and rubbish removal
Repairs: plastering and painting walls	$547.75	Repairs: plastering and painting walls
Net award	$1,344.40
Total payable by Tenant to Landlord	$1,344.40

Claims and awards for application 5362324 — net $1,344.40 NZD. Verify on MoJ.

Window repairs: Broken front door pane and bathroom window

Amount: $654.69
Awarded to: Landlord
Reason: Window repairs: Broken front door pane and bathroom window

Rent arrears to 25 August 2025

Amount: $307.58
Awarded to: Landlord
Reason: Rent arrears to 25 August 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Electrical fittings replacement/repair

Amount: $92.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Home Let Property Management Limited As Agent For Helen Alley $1,344.40 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 25 August 2025$307.58 Filing fee reimbursement$28.00 Lock/key replacement$130.00 Electrical fittings replacement/repair$92.00 Cleaning: and rubbish removal$1,104.38 Window repairs: Broken front door pane and bathroom window $654.69 Repairs: plastering and painting walls$547.75 Total award$2,864.40 Minus Bond-$1,520.00 Total payable by Tenant to Landlord$1,344.40

Reasons

The landlord attended the hearing. The tenant did not attend. I rang her mobile number twice and left a message. The tenant did not answer the phone or seek an adjournment. She was served with the notice of hearing; therefore, I am proceeding with the hearing 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 25 August 2025. The landlord provided rent records, which prove the amount of $307.58 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 return the keys.
The landlord provided a pre let inspection report and photos and an exit report and photos. The exit photos show the property was not reasonably clean and tidy and that the tenant had not removed the rubbish from the bins and shed.
The landlord provided invoices for the cost of cleaning, rubbish removal and locksmiths invoices.
I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal and locksmiths’ costs.
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: -Two broken windows, one in the front door and the other in the bathroom. -Damaged walls and doors throughout the property. -Unauthorised electrician work carried out in shed and at front door.
The inspection reports and photos show that during the tenancy the property has been damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided invoices for the cost of the remedial electrical repairs at the front door and in the shed. Furthermore, invoices for the replastering and repainting of the walls and doors in the house and replacing the broken windows.
I am satisfied that the landlord has been thorough and provided proof of damage during this tenancy and the cost of repairs.
The amounts ordered are proved.
I do not have to take into account betterment and depreciation. While 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 nature of the damage, such as the broken windows and removing the unauthorised electrical work and consider that no further reductions need to be made for depreciation.
When considering the replastering and repainting I accept that the property was not newly painted at the start of the tenancy, but it was serviceable and adequate. The damage done to the property was intentional damage such as painting ¾ of a door black and drawing over the walls. I am not deducting depreciation costs in these circumstances.
Because Home Let Property Management Limited As Agent For Helen Alley has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has already claimed the bond of $1520.00 from the bond centre for the cost of the rent arrears and damages to the property.
The bond is deducted from the total cost of the claims proven in this order. For completeness, the tenant owes the sum of $1344.40 only.

Tenancy Tribunal case 5362324 — Property damage at 321A Cobham Drive, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 5362324 — Property damage at 321A Cobham Drive, Hillcrest, Hamilton 3216

At a glance

Award balance

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.

Award balance

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.