What was Tenancy Tribunal case 5382902 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Inspire Residential Limited $12,177.47 immediately,

How much money was awarded in case 5382902?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5382902?

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

Where can I read the official tribunal order for case 5382902?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13087078-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5382902 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Inspire Residential Limited $12,177.47 immediately,

How much money was awarded in case 5382902?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5382902?

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

Where can I read the official tribunal order for case 5382902?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13087078-Tribunal_Order.pdf.

30 Harold Crescent, Fordlands, Rotorua 3015 Tenancy Tribunal Case 5382902 — Property damage

Order

[The tenant/s] tenant/s] to pay Inspire Residential Limited $12,177.47 immediately, calculated as follows: Description of awardAmount Rent arrears to 2 October 2025$3,451.43 Rubbish removal – skip bins$998.00 Cleaning house and labour to load skips$450.00 Removal and disposal of spa pool$550.00 Bathroom vanity replacement$1,263.29 Broken and missing power points and light switches$277.22 Electricity meter reconnection$324.88 Electrical safety certificate$310.50 Heat pump remote control$155.00 Lawns and gardens$253.00 Description of awardAmount Fence and gate replacement$3,640.90 Lock and key replacement$255.25 Carpet cleaning$220.00 Total compensation$12,149.47 Filing fee reimbursement$28.00 Total amount payable$12,177.47

Reasons

Both parties attended the hearing.
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 October 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: $3,451.43

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. Large quantities of rubbish were left at the premises, including car parts, tyres, furniture components, scrap metal, roofing materials and fridges. Two 9m³ skip bins were required and this was not sufficient. Rubbish removal (skip bins): $998.00.
Labour was required to load the skips and clean the premises due to the condition it was left in. This work was reasonable and necessary. Cleaning and labour: $450.00.
A large spa pool was left at the premises in a dismantled and unsafe condition, with internal components exposed. The landlord was required to dismantle, remove and dispose of it. Spa pool removal and disposal: $550.00.
The Tenant did not maintain the lawns and gardens, which were left overgrown and obstructed by rubbish. Additional work was required to restore them. Lawns and gardens: $253.00.
The Tenant did not return the keys at the end of the tenancy. For security reasons, the locks were required to be replaced. Lock and key replacement: $255.25.
The Tenant did not leave the carpets in a reasonably clean condition. Carpet cleaning was reasonably required and was confirmed by the property manager. Carpet cleaning: $220.00.
The Tenant did not leave all chattels provided for their benefit. The heat pump remote control was missing at the end of the tenancy and required replacement. Heat pump remote: $155.00.
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 bathroom vanity installed new during the tenancy was damaged. Decorative timber had been glued over the damage to conceal it. The damage is more than fair wear and tear and the tenant has not disproved liability. Vanity replacement: $1,263.29.
Multiple power points and light switches were broken, missing or ripped from the walls in living areas. This damage occurred during the tenancy and is more than fair wear and tear. Power points and light switches: $277.22.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The Landlord has sustained further loss on account of the Tenant’s actions, on balance: a. The tenant interfered with the electricity supply by bypassing the electricity meter. This was intentional conduct. Reconnection of the meter was required before the premises could lawfully receive power. Meter reconnection: $324.88. b. Because the power had been disconnected for more than six months as a result of the tenant’s actions, an electrical safety certificate was required. Electrical safety certificate: $310.50. c. The Landlord paid for a fence and gate constructed during the tenancy. Without authority, the tenant allowed a neighbouring property to remove the fence. The landlord has suffered loss. The quoted replacement cost is reasonable and proved. Fence and gate replacement: $3,640.90.
I have taken into account betterment and depreciation. The landlord is entitled to be restored to the position they would have been in had the tenant complied with their obligations.
The amounts ordered are proved.
Because Inspire Residential Limited has wholly succeeded with the claim I must reimburse the filing fee.

Order

[The tenant/s] tenant/s] to pay Inspire Residential Limited $12,177.47 immediately, calculated as follows: Description of awardAmount Rent arrears to 2 October 2025$3,451.43 Rubbish removal – skip bins$998.00 Cleaning house and labour to load skips$450.00 Removal and disposal of spa pool$550.00 Bathroom vanity replacement$1,263.29 Broken and missing power points and light switches$277.22 Electricity meter reconnection$324.88 Electrical safety certificate$310.50 Heat pump remote control$155.00 Lawns and gardens$253.00 Description of awardAmount Fence and gate replacement$3,640.90 Lock and key replacement$255.25 Carpet cleaning$220.00 Total compensation$12,149.47 Filing fee reimbursement$28.00 Total amount payable$12,177.47

Reasons

Both parties attended the hearing.
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 October 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: $3,451.43

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. Large quantities of rubbish were left at the premises, including car parts, tyres, furniture components, scrap metal, roofing materials and fridges. Two 9m³ skip bins were required and this was not sufficient. Rubbish removal (skip bins): $998.00.
Labour was required to load the skips and clean the premises due to the condition it was left in. This work was reasonable and necessary. Cleaning and labour: $450.00.
A large spa pool was left at the premises in a dismantled and unsafe condition, with internal components exposed. The landlord was required to dismantle, remove and dispose of it. Spa pool removal and disposal: $550.00.
The Tenant did not maintain the lawns and gardens, which were left overgrown and obstructed by rubbish. Additional work was required to restore them. Lawns and gardens: $253.00.
The Tenant did not return the keys at the end of the tenancy. For security reasons, the locks were required to be replaced. Lock and key replacement: $255.25.
The Tenant did not leave the carpets in a reasonably clean condition. Carpet cleaning was reasonably required and was confirmed by the property manager. Carpet cleaning: $220.00.
The Tenant did not leave all chattels provided for their benefit. The heat pump remote control was missing at the end of the tenancy and required replacement. Heat pump remote: $155.00.
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 bathroom vanity installed new during the tenancy was damaged. Decorative timber had been glued over the damage to conceal it. The damage is more than fair wear and tear and the tenant has not disproved liability. Vanity replacement: $1,263.29.
Multiple power points and light switches were broken, missing or ripped from the walls in living areas. This damage occurred during the tenancy and is more than fair wear and tear. Power points and light switches: $277.22.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The Landlord has sustained further loss on account of the Tenant’s actions, on balance: a. The tenant interfered with the electricity supply by bypassing the electricity meter. This was intentional conduct. Reconnection of the meter was required before the premises could lawfully receive power. Meter reconnection: $324.88. b. Because the power had been disconnected for more than six months as a result of the tenant’s actions, an electrical safety certificate was required. Electrical safety certificate: $310.50. c. The Landlord paid for a fence and gate constructed during the tenancy. Without authority, the tenant allowed a neighbouring property to remove the fence. The landlord has suffered loss. The quoted replacement cost is reasonable and proved. Fence and gate replacement: $3,640.90.
I have taken into account betterment and depreciation. The landlord is entitled to be restored to the position they would have been in had the tenant complied with their obligations.
The amounts ordered are proved.
Because Inspire Residential Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5382902 — Property damage at 30 Harold Crescent, Fordlands, Rotorua 3015

Tenancy Tribunal case 5382902 — Property damage at 30 Harold Crescent, Fordlands, Rotorua 3015

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.