What was the outcome of Tenancy Tribunal case 5369866?

The tribunal order states: Dennis Jade Dean Bush must pay Chris And Joanne Donkin T/A C&J Property

How much money was awarded in case 5369866?

Cleaning: $646.43 awarded to landlord; Curtain Hooks And Slides: $12.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $316.50 awarded to landlord; Previous Order: $1,620.00 awarded to landlord; Property Damage: $350.52 awarded to landlord; Property Damage: $3,004.44 awarded to landlord; Rubbish Removal: $842.37 awarded to landlord

What type of tenancy dispute was case 5369866?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5369866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12979611-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5369866?

The tribunal order states: Dennis Jade Dean Bush must pay Chris And Joanne Donkin T/A C&J Property

How much money was awarded in case 5369866?

Cleaning: $646.43 awarded to landlord; Curtain Hooks And Slides: $12.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $316.50 awarded to landlord; Previous Order: $1,620.00 awarded to landlord; Property Damage: $350.52 awarded to landlord; Property Damage: $3,004.44 awarded to landlord; Rubbish Removal: $842.37 awarded to landlord

What type of tenancy dispute was case 5369866?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5369866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12979611-Tenancy_Tribunal_Order.pdf.

61 King Street, Opotiki, Opotiki 3122 Tenancy Tribunal Case 5369866 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5369866 — net $6,821.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order	$1,620.00	Previous order
Cleaning and pest control	$646.43	Cleaning and pest control
Rubbish removal	$842.37	Rubbish removal
Lock/key replacement	$350.52	Lock/key replacement
Lawns and Garden work	$316.50	Lawns and Garden work
Repairs	$3,004.44	Repairs
Curtain hooks and slides	$12.99	Curtain hooks and slides
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,821.25
Total payable by Tenant to Landlord	$6,821.25

The landlord attended the hearing. The tenant did not appear.

The landlord has applied for compensation and reimbursement of the filing fee following 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 a significant amount of rubbish. The section was completely overgrown.

The tenant did not return the keys.

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: broken windows, multiple holes in walls, wall removed in bathroom, doors pulled off hinges and rollers, and curtain hooks and slides were either broken or missing.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

On 1 October 2025, the Tribunal made an order relating to this tenancy, for termination and rent arrears to 1 October 2025. The previous order is incorporated into this order for enforcement purposes.

Because Chris And Joanne Donkin T/A C&J Property Management has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5369866 — net $6,821.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order	$1,620.00	Previous order
Cleaning and pest control	$646.43	Cleaning and pest control
Rubbish removal	$842.37	Rubbish removal
Lock/key replacement	$350.52	Lock/key replacement
Lawns and Garden work	$316.50	Lawns and Garden work
Repairs	$3,004.44	Repairs
Curtain hooks and slides	$12.99	Curtain hooks and slides
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,821.25
Total payable by Tenant to Landlord	$6,821.25

Order

Dennis Jade Dean Bush must pay Chris And Joanne Donkin T/A C&J Property Management $6,821.25 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 1 October 2025 under application 5308048,5332965.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation and reimbursement of the filing fee following 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 a significant amount of rubbish. The section was completely overgrown.
The tenant did not return the keys.
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: broken windows, multiple holes in walls, wall removed in bathroom, doors pulled off hinges and rollers, and curtain hooks and slides were either broken or missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On 1 October 2025, the Tribunal made an order relating to this tenancy, for termination and rent arrears to 1 October 2025. The previous order is incorporated into this order for enforcement purposes.
Because Chris And Joanne Donkin T/A C&J Property Management has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5369866 — Property damage at 61 King Street, Opotiki, Opotiki 3122

At a glance

Tenancy Tribunal case 5369866 — Property damage at 61 King Street, Opotiki, Opotiki 3122

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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