What was Tenancy Tribunal case 5384423 about?

The tribunal order states: [The tenant/s] must pay Visions Of A Helping Hand Charitable Trust

How much money was awarded in case 5384423?

Cleaning: $255.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $563.66 awarded to landlord; Property Damage: $168.75 awarded to landlord; Rent Arrears: $3,076.67 awarded to landlord; Rubbish Removal: $310.11 awarded to landlord

What type of tenancy dispute was case 5384423?

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

Where can I read the official tribunal order for case 5384423?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13123283-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5384423 about?

The tribunal order states: [The tenant/s] must pay Visions Of A Helping Hand Charitable Trust

How much money was awarded in case 5384423?

Cleaning: $255.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $563.66 awarded to landlord; Property Damage: $168.75 awarded to landlord; Rent Arrears: $3,076.67 awarded to landlord; Rubbish Removal: $310.11 awarded to landlord

What type of tenancy dispute was case 5384423?

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

Where can I read the official tribunal order for case 5384423?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13123283-Tenancy_Tribunal_Order.pdf.

8 Colinton Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5384423 — Rent arrears

Claims and awards in Tenancy Tribunal application 5384423 — net $4,402.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 17.4.25	$3,076.67	Rent arrears as of 17.4.25
Rubbish removal	$310.11	Rubbish removal
Carpet Cleaning	$255.00	19. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Window repairs	$563.66	Window repairs
Lock/key replacement	$168.75	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,402.19
Total payable by Tenant to Landlord	$4,402.19

Order

[The tenant/s] must pay Visions Of A Helping Hand Charitable Trust $4,402.19 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 17 April 2025.The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,076.67. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 4 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 40(1)(e) of the RTA. 4 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for damage 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. 5
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6
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). 7
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). 8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 9
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. 10
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. 11
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal 5 See sections 40(2)(a), 41 and 49B RTA. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 See section 49B(3)(a) RTA. 8 See section 49B(3)(b) RTA. 9 See section 49B(3A)(a) RTA. 10 See section 49B(1) RTA. 11 See Guo v Korck [2019] NZHC 1541.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. $310.11 is ordered for rubbish removal which is proven with an invoice and photographs of the rubbish left by the tenant at the end of the tenancy. $255 is ordered for carpet cleaning which is proven with an invoice and photographs. Lock/key replacement
The tenant did not return the keys. The amount ordered is $168.75. An invoice was provided in support of the claim. Damage claims
The following damage was caused during the tenancy: a. 5 windows required replacement – the amount ordered is $563.66.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing Fee
Because the landlord has been successful in their claim, I have ordered that the tenant reimburse the application filing fee. 12 Suppression
The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5384423 — net $4,402.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 17.4.25	$3,076.67	Rent arrears as of 17.4.25
Rubbish removal	$310.11	Rubbish removal
Carpet Cleaning	$255.00	19. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Window repairs	$563.66	Window repairs
Lock/key replacement	$168.75	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,402.19
Total payable by Tenant to Landlord	$4,402.19

Order

[The tenant/s] must pay Visions Of A Helping Hand Charitable Trust $4,402.19 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 17 April 2025.The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,076.67. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 4 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 40(1)(e) of the RTA. 4 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for damage 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. 5
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6
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). 7
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). 8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 9
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. 10
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. 11
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal 5 See sections 40(2)(a), 41 and 49B RTA. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 See section 49B(3)(a) RTA. 8 See section 49B(3)(b) RTA. 9 See section 49B(3A)(a) RTA. 10 See section 49B(1) RTA. 11 See Guo v Korck [2019] NZHC 1541.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. $310.11 is ordered for rubbish removal which is proven with an invoice and photographs of the rubbish left by the tenant at the end of the tenancy. $255 is ordered for carpet cleaning which is proven with an invoice and photographs. Lock/key replacement
The tenant did not return the keys. The amount ordered is $168.75. An invoice was provided in support of the claim. Damage claims
The following damage was caused during the tenancy: a. 5 windows required replacement – the amount ordered is $563.66.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing Fee
Because the landlord has been successful in their claim, I have ordered that the tenant reimburse the application filing fee. 12 Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5384423 — Rent arrears at 8 Colinton Place, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5384423 — Rent arrears at 8 Colinton Place, Tokoroa, Tokoroa 3420

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions