What was the outcome of Tenancy Tribunal case 5388898?

The tribunal order states: Barend Gert De Wet Oosthuizen must pay Inspire Real Estate Limited As The

How much money was awarded in case 5388898?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $332.00 awarded to landlord; Rent Arrears: $3,442.86 awarded to landlord; Fix Holes In Gib: $400.00 awarded to landlord; Materials: $188.48 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Water Rates: $71.49 awarded to landlord

What type of tenancy dispute was case 5388898?

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

Where can I read the official tribunal order for case 5388898?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13135849-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5388898?

The tribunal order states: Barend Gert De Wet Oosthuizen must pay Inspire Real Estate Limited As The

How much money was awarded in case 5388898?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $332.00 awarded to landlord; Rent Arrears: $3,442.86 awarded to landlord; Fix Holes In Gib: $400.00 awarded to landlord; Materials: $188.48 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Water Rates: $71.49 awarded to landlord

What type of tenancy dispute was case 5388898?

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

Where can I read the official tribunal order for case 5388898?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13135849-Tenancy_Tribunal_Order.pdf.

73 Riverside Drive, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5388898 — Rent arrears

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73 Riverside Drive, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5388898 — Rent arrears | 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 5388898 — net $4,672.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/25	$3,442.86	2. The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repa…
Water rates	$71.49	Water rates
Repairs: Fix holes in Gib	$400.00	Repairs: Fix holes in Gib
Rubbish removal: Skip bins and labour	$1,610.00	Rubbish removal: Skip bins and labour
Repairs: Materials	$188.48	Repairs: Materials
Lock/key replacement	$332.00	Lock/key replacement
Cleaning	$1,000.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,672.83
Total payable by Tenant to Landlord	$4,672.83

Claims and awards for application 5388898 — net $4,672.83 NZD. Verify on MoJ.

Rent arrears to 2/9/25

Amount: $3,442.86
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repa…

Water rates

Amount: $71.49
Awarded to: Landlord
Reason: Water rates

Repairs: Fix holes in Gib

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Fix holes in Gib

Rubbish removal: Skip bins and labour

Amount: $1,610.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bins and labour

Repairs: Materials

Amount: $188.48
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Barend Gert De Wet Oosthuizen must pay Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) $4,672.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5401614-009) to Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) immediately.

Reasons

The landlord attended the in-person hearing. The tenant did not attend.
The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repairs to the property, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on the 2 September 2025 after the tenant gave notice. The landlord provided rent records and water rates invoices which prove the amount owing 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 landlord provided copies of the move in inspection report and the move out inspection report. The move out inspection was completed the day after the tenancy ended. The photographs and descriptions speak for themselves, they show a property that is very dirty and full of rubbish.
The landlord obtained skip bins and I am satisfied that the tenant should pay the cost of the skip bins and tyre disposal.
The landlord did the cleaning and the rubbish removal themselves. They have asked for compensation at $70 per hour for this work. They have provided the tribunal with the hours worked. Whilst the hours spent on cleaning and rubbish removal are reasonable for the nature and the extent of the work, I do not consider that $70 per hour is a reasonable rate. I have therefore reduced the hourly rate to $50 an hour for this work which is in keeping with other awards made by the Tribunal. In coming to this amount I have also taken into account that the cleaning included cleaning up rotting food, sorting out rubbish bins and removing rubbish that was strewn around the house and yard. This work would have taken time and been quite unpleasant.
The tenant did not return the keys, and the landlord had to have new locks installed, especially as neighbours reported that the tenant had been back to the property after the tenancy ended.
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.
At the end of the tenancy there were holes in the walls that were not previously shown in the move in inspection. The landlord had to repair these holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also sought $5800 for carpet replacement. The move in inspection shows carpet that is described as quite stained and worn in some places. Whilst the tenant left the carpet in a terrible condition with further staining, I consider it more than likely that the carpets were due for replacement in any case, and therefore the tenant’s claim for carpet replacement fails as the carpet had reached the end of its useful lifespan.
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. Filing fee.
Because Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) has substantially succeeded with the claim I have reimbursed the filing fee.

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 5388898 — net $4,672.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/25	$3,442.86	2. The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repa…
Water rates	$71.49	Water rates
Repairs: Fix holes in Gib	$400.00	Repairs: Fix holes in Gib
Rubbish removal: Skip bins and labour	$1,610.00	Rubbish removal: Skip bins and labour
Repairs: Materials	$188.48	Repairs: Materials
Lock/key replacement	$332.00	Lock/key replacement
Cleaning	$1,000.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,672.83
Total payable by Tenant to Landlord	$4,672.83

Claims and awards for application 5388898 — net $4,672.83 NZD. Verify on MoJ.

Rent arrears to 2/9/25

Amount: $3,442.86
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repa…

Water rates

Amount: $71.49
Awarded to: Landlord
Reason: Water rates

Repairs: Fix holes in Gib

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Fix holes in Gib

Rubbish removal: Skip bins and labour

Amount: $1,610.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bins and labour

Repairs: Materials

Amount: $188.48
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Barend Gert De Wet Oosthuizen must pay Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) $4,672.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5401614-009) to Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) immediately.

Reasons

The landlord attended the in-person hearing. The tenant did not attend.
The landlord has applied for rent arrears, water rates arrears, cost of replacement carpet, rubbish removal and cleaning, cost of lock changes, cost of repairs to the property, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on the 2 September 2025 after the tenant gave notice. The landlord provided rent records and water rates invoices which prove the amount owing 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 landlord provided copies of the move in inspection report and the move out inspection report. The move out inspection was completed the day after the tenancy ended. The photographs and descriptions speak for themselves, they show a property that is very dirty and full of rubbish.
The landlord obtained skip bins and I am satisfied that the tenant should pay the cost of the skip bins and tyre disposal.
The landlord did the cleaning and the rubbish removal themselves. They have asked for compensation at $70 per hour for this work. They have provided the tribunal with the hours worked. Whilst the hours spent on cleaning and rubbish removal are reasonable for the nature and the extent of the work, I do not consider that $70 per hour is a reasonable rate. I have therefore reduced the hourly rate to $50 an hour for this work which is in keeping with other awards made by the Tribunal. In coming to this amount I have also taken into account that the cleaning included cleaning up rotting food, sorting out rubbish bins and removing rubbish that was strewn around the house and yard. This work would have taken time and been quite unpleasant.
The tenant did not return the keys, and the landlord had to have new locks installed, especially as neighbours reported that the tenant had been back to the property after the tenancy ended.
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.
At the end of the tenancy there were holes in the walls that were not previously shown in the move in inspection. The landlord had to repair these holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also sought $5800 for carpet replacement. The move in inspection shows carpet that is described as quite stained and worn in some places. Whilst the tenant left the carpet in a terrible condition with further staining, I consider it more than likely that the carpets were due for replacement in any case, and therefore the tenant’s claim for carpet replacement fails as the carpet had reached the end of its useful lifespan.
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. Filing fee.
Because Inspire Real Estate Limited As The Agent For Peter Low (Low Family Trust) has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5388898 — Rent arrears at 73 Riverside Drive, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 5388898 — Rent arrears at 73 Riverside Drive, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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