What was the outcome of Tenancy Tribunal case 5384221?

The tribunal order states: The tenancy of Tyson Weatherall and Marlie Apple Alenka at 37D Wentworth

How much money was awarded in case 5384221?

Cleaning: $448.50 awarded to landlord; Cleaning: $1,294.49 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Glass Removal To Gain Entrance Due T…: $44.51 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $249.90 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $199.94 awarded to landlord; Rubbish Removal: $1,306.19 awarded to landlord

What type of tenancy dispute was case 5384221?

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

Where can I read the official tribunal order for case 5384221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13063907-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5384221?

The tribunal order states: The tenancy of Tyson Weatherall and Marlie Apple Alenka at 37D Wentworth

How much money was awarded in case 5384221?

Cleaning: $448.50 awarded to landlord; Cleaning: $1,294.49 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Glass Removal To Gain Entrance Due T…: $44.51 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $249.90 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $199.94 awarded to landlord; Rubbish Removal: $1,306.19 awarded to landlord

What type of tenancy dispute was case 5384221?

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

Where can I read the official tribunal order for case 5384221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13063907-Tenancy_Tribunal_Order.pdf.

37D Wentworth Street, East Gore, Gore 9710 Tenancy Tribunal Case 5384221 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5384221 — net $3,979.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$57.50	Lawns and Garden work
Cleaning, Door repairs and drapes	$1,294.49	Cleaning, Door repairs and drapes
Lock/key replacement	$249.90	Lock/key replacement
Glass removal to gain entrance due to internal lock	$44.51	Glass removal to gain entrance due to internal lock
Carpet Cleaning	$448.50	Carpet Cleaning
3x Insurance excess for Carpets	$1,950.00	3x Insurance excess for Carpets
Rubbish removal	$1,306.19	Rubbish removal
Fireplace repairs	$199.94	Fireplace repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,979.03
Total payable by Tenant to Landlord	$3,979.03

The tenancy of Tyson Weatherall and Marlie Apple Alenka at 37D Wentworth Street, East Gore, Gore 9710 came to an end o n 14 September 2025.

The Bond Centre is to pay the bond of $1,600.00 (BN-00040061) to Inspire Real Estate Limited As Agent For The Brocas Group immediately.

Tyson Weatherall and Marlie Apple Alenka must pay Inspire Real Estate Limited As Agent For The Brocas Group $3,979.03 immediately, calculated as shown in the table below:

Reasons

The tenants failed to make themselves available for the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The rent was paid up to date 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 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 photo evidence submitted shows the condition that the property was left in at the end of the tenancy. A significant clean up was required.

The tenant did not return the keys. The tenant had changed the front door locks and took the keys. Further they installed an internal door bolt lock. A glacier was required to enter the home through the glass to access the internal bolt.

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: The carpet and curtains was significantly damaged by animal faeces and urine. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlords insurance had an excess for each room, three rooms required the carpet to be replaced due to the animal smell. The curtains also needed replacement due to the spray of cat urine.

The fireplace rope had been damaged given the burning of plastic that melted onto the rope and surrounds and it needed to be replaced.

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 Inspire Real Estate Limited As Agent For The Brocas Group has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5384221 — net $3,979.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$57.50	Lawns and Garden work
Cleaning, Door repairs and drapes	$1,294.49	Cleaning, Door repairs and drapes
Lock/key replacement	$249.90	Lock/key replacement
Glass removal to gain entrance due to internal lock	$44.51	Glass removal to gain entrance due to internal lock
Carpet Cleaning	$448.50	Carpet Cleaning
3x Insurance excess for Carpets	$1,950.00	3x Insurance excess for Carpets
Rubbish removal	$1,306.19	Rubbish removal
Fireplace repairs	$199.94	Fireplace repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,979.03
Total payable by Tenant to Landlord	$3,979.03

Order

The tenancy of Tyson Weatherall and Marlie Apple Alenka at 37D Wentworth Street, East Gore, Gore 9710 came to an end o n 14 September 2025.
The Bond Centre is to pay the bond of $1,600.00 (BN-00040061) to Inspire Real Estate Limited As Agent For The Brocas Group immediately.
Tyson Weatherall and Marlie Apple Alenka must pay Inspire Real Estate Limited As Agent For The Brocas Group $3,979.03 immediately, calculated as shown in the table below:

Reasons

The tenants failed to make themselves available for the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The rent was paid up to date 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 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 photo evidence submitted shows the condition that the property was left in at the end of the tenancy. A significant clean up was required.
The tenant did not return the keys. The tenant had changed the front door locks and took the keys. Further they installed an internal door bolt lock. A glacier was required to enter the home through the glass to access the internal bolt.
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: The carpet and curtains was significantly damaged by animal faeces and urine. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlords insurance had an excess for each room, three rooms required the carpet to be replaced due to the animal smell. The curtains also needed replacement due to the spray of cat urine.
The fireplace rope had been damaged given the burning of plastic that melted onto the rope and surrounds and it needed to be replaced.
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 Inspire Real Estate Limited As Agent For The Brocas Group has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5384221 — Property damage at 37D Wentworth Street, East Gore, Gore 9710

At a glance

Tenancy Tribunal case 5384221 — Property damage at 37D Wentworth Street, East Gore, Gore 9710

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