What was Tenancy Tribunal case 5412868 about?

The tribunal order states: [The tenant/s] must pay Smart Property Management Limited As The Agent

How much money was awarded in case 5412868?

Cleaning: $869.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Light Fittings: $213.85 awarded to landlord; Property Damage: $658.95 awarded to landlord; Rent Arrears: $207.14 awarded to landlord; Door: $184.00 awarded to landlord; Rubbish Removal: $1,372.02 awarded to landlord

What type of tenancy dispute was case 5412868?

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

Where can I read the official tribunal order for case 5412868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13690309-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5412868 about?

The tribunal order states: [The tenant/s] must pay Smart Property Management Limited As The Agent

How much money was awarded in case 5412868?

Cleaning: $869.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Light Fittings: $213.85 awarded to landlord; Property Damage: $658.95 awarded to landlord; Rent Arrears: $207.14 awarded to landlord; Door: $184.00 awarded to landlord; Rubbish Removal: $1,372.02 awarded to landlord

What type of tenancy dispute was case 5412868?

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

Where can I read the official tribunal order for case 5412868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13690309-Tenancy_Tribunal_Order.pdf.

45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 5412868 — Cleanliness

Tenantcheck Insights

45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 5412868 — Cleanliness | 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 5412868 — net $3,533.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 November 2025	$207.14	Rent arrears to 7 November 2025
Rubbish removal	$1,372.02	Rubbish removal
Cleaning	$869.99	Cleaning
Window repairs	$658.95	Window repairs
Repairs: Door	$184.00	Repairs: Door
Light fittings	$213.85	Light fittings
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,533.95
Total payable by Tenant to Landlord	$3,533.95

Claims and awards for application 5412868 — net $3,533.95 NZD. Verify on MoJ.

Rent arrears to 7 November 2025

Amount: $207.14
Awarded to: Landlord
Reason: Rent arrears to 7 November 2025

Rubbish removal

Amount: $1,372.02
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $869.99
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $658.95
Awarded to: Landlord
Reason: Window repairs

Repairs: Door

Amount: $184.00
Awarded to: Landlord
Reason: Repairs: Door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Smart Property Management Limited As The Agent For Luke Charlesworth $3,533.95 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing held on 3 June 2026. The landlord attended by video and the tenant attended by telephone.
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 Tribunal terminated the tenancy by order 1 dated 3 November 2025. The tenancy was to end at 5pm on Wednesday 5 November 2025. The tenant did not vacate the premises on that date. The landlord claims two more days for rent to 7 November 2025. The rent for those days is awarded.

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.
The following chattels were missing at the end of the tenancy: light fittings.
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. 1 TT5362718
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: damaged door and broken window. 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 withdrew the claim for replacement of a light fitting in the dining room because there was no evidence of the fitting from before the tenancy commenced.
Because Smart Property Management Limited As The Agent For Luke Charlesworth 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 5412868 — net $3,533.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 November 2025	$207.14	Rent arrears to 7 November 2025
Rubbish removal	$1,372.02	Rubbish removal
Cleaning	$869.99	Cleaning
Window repairs	$658.95	Window repairs
Repairs: Door	$184.00	Repairs: Door
Light fittings	$213.85	Light fittings
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,533.95
Total payable by Tenant to Landlord	$3,533.95

Claims and awards for application 5412868 — net $3,533.95 NZD. Verify on MoJ.

Rent arrears to 7 November 2025

Amount: $207.14
Awarded to: Landlord
Reason: Rent arrears to 7 November 2025

Rubbish removal

Amount: $1,372.02
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $869.99
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $658.95
Awarded to: Landlord
Reason: Window repairs

Repairs: Door

Amount: $184.00
Awarded to: Landlord
Reason: Repairs: Door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Smart Property Management Limited As The Agent For Luke Charlesworth $3,533.95 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing held on 3 June 2026. The landlord attended by video and the tenant attended by telephone.
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 Tribunal terminated the tenancy by order 1 dated 3 November 2025. The tenancy was to end at 5pm on Wednesday 5 November 2025. The tenant did not vacate the premises on that date. The landlord claims two more days for rent to 7 November 2025. The rent for those days is awarded.

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.
The following chattels were missing at the end of the tenancy: light fittings.
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. 1 TT5362718
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: damaged door and broken window. 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 withdrew the claim for replacement of a light fitting in the dining room because there was no evidence of the fitting from before the tenancy commenced.
Because Smart Property Management Limited As The Agent For Luke Charlesworth has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5412868 — Cleanliness at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5412868 — Cleanliness at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032

At a glance

Award balance

Claims & awards

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?

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?

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