What was Tenancy Tribunal case 5414750 about?

The tribunal order states: [The tenant/s] must pay Inspire Real Estate Limited As Agent For Jonathan

How much money was awarded in case 5414750?

Cleaning: $750.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Property Damage: $1,054.42 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,142.85 awarded to landlord; Property Damage: $2,341.50 awarded to landlord; Rent Arrears: $1,884.97 awarded to landlord; Rubbish Removal: $1,840.00 awarded to landlord

What type of tenancy dispute was case 5414750?

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

Where can I read the official tribunal order for case 5414750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13770787-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5414750 about?

The tribunal order states: [The tenant/s] must pay Inspire Real Estate Limited As Agent For Jonathan

How much money was awarded in case 5414750?

Cleaning: $750.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Property Damage: $1,054.42 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,142.85 awarded to landlord; Property Damage: $2,341.50 awarded to landlord; Rent Arrears: $1,884.97 awarded to landlord; Rubbish Removal: $1,840.00 awarded to landlord

What type of tenancy dispute was case 5414750?

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

Where can I read the official tribunal order for case 5414750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13770787-Tenancy_Tribunal_Order.pdf.

19A Dockery Avenue, Onekawa, Napier 4110 Tenancy Tribunal Case 5414750 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5414750 — net $10,141.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 October 2025	$1,884.97	Rent arrears as at 2 October 2025
Cleaning	$750.00	Cleaning
Rubbish removal	$1,840.00	Rubbish removal
Lawn mowing	$100.00	Lawn mowing
Lock/key replacement and securing door	$1,054.42	Lock/key replacement and securing door
Repair burnt ceiling	$1,000.00	Repair burnt ceiling
Ranch slider repair	$1,142.85	Ranch slider repair
Repair holes in walls and replace 3 doors	$2,341.50	Repair holes in walls and replace 3 doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,141.74
Total payable by Tenant to Landlord	$10,141.74

This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link or ring in to the hearing as directed in the Notice of Hearing sent to him. Both calls I made to the number provided for him went to voicemail. The hearing proceeded in his absence.

This Order ought to be read together with the Order dated 8 April 2026.

In that Order I made findings as to the cost of cleaning, rubbish removal, lock replacement costs and the cost of securing the door. Those findings are reflected in the Order above.

The following are further findings made today.

How much is owed for rent?

The tenancy ended on 2 October 2025. That is the date of the termination notice provided to the tenant and which was effective immediately.

I am therefore ordering the tenant to pay rent to this date.

The bond of $2,100.00 has been paid to the landlord since the last hearing, leaving $1,884.97 owing in rent.

The rent record proves this amount.

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.

Further to my findings outlined in paragraph 3 above, I accept that the lawns were not left in a reasonable state at the end of the tenancy – that is, as at 2 October 2025.

The landlord claims the invoiced cost of $517.50 for mowing the lawns.

However, the lawns were not mowed until early December 2025 – 3 months on from the end of the tenancy.

The tenant ought only to have to pay what it would have cost to mow the lawns at the end of his tenancy, not the cost of mowing the lawns 3 months later.

I have estimated the cost of mowing the lawns at the end of the tenancy as being $100.00. The tenant is required to pay this amount.

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 applicable 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) The ceiling was burnt; and (b) The ranch slider was broken

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved with an invoice.

I note that I have reduced the claimed cost of repairing the ceiling ($1,035.00) to $1,000.00 because at today’s hearing I was advised that the landlord elected not to claim on their insurance, the excess being $1,000.00. Tenants are required only to pay the applicable excess.

I also note have taken into account betterment and depreciation with regard to the replacement doors. 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 – that is, I have taken into account that the landlord now has new doors, replacing the old doors. Filing fee reimbursement

I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful with this claim against him. C ter Haar 18 June 2026

Claims and awards in Tenancy Tribunal application 5414750 — net $10,141.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 October 2025	$1,884.97	Rent arrears as at 2 October 2025
Cleaning	$750.00	Cleaning
Rubbish removal	$1,840.00	Rubbish removal
Lawn mowing	$100.00	Lawn mowing
Lock/key replacement and securing door	$1,054.42	Lock/key replacement and securing door
Repair burnt ceiling	$1,000.00	Repair burnt ceiling
Ranch slider repair	$1,142.85	Ranch slider repair
Repair holes in walls and replace 3 doors	$2,341.50	Repair holes in walls and replace 3 doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,141.74
Total payable by Tenant to Landlord	$10,141.74

Order

[The tenant/s] must pay Inspire Real Estate Limited As Agent For Jonathan Frankie Nick Defteros Neil Dewar/Frank Place Limited $10,141.74 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link or ring in to the hearing as directed in the Notice of Hearing sent to him. Both calls I made to the number provided for him went to voicemail. The hearing proceeded in his absence.
This Order ought to be read together with the Order dated 8 April 2026.
In that Order I made findings as to the cost of cleaning, rubbish removal, lock replacement costs and the cost of securing the door. Those findings are reflected in the Order above.
The following are further findings made today.

How much is owed for rent?

The tenancy ended on 2 October 2025. That is the date of the termination notice provided to the tenant and which was effective immediately.
I am therefore ordering the tenant to pay rent to this date.
The bond of $2,100.00 has been paid to the landlord since the last hearing, leaving $1,884.97 owing in rent.
The rent record proves this amount.

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.
Further to my findings outlined in paragraph 3 above, I accept that the lawns were not left in a reasonable state at the end of the tenancy – that is, as at 2 October 2025.
The landlord claims the invoiced cost of $517.50 for mowing the lawns.
However, the lawns were not mowed until early December 2025 – 3 months on from the end of the tenancy.
The tenant ought only to have to pay what it would have cost to mow the lawns at the end of his tenancy, not the cost of mowing the lawns 3 months later.
I have estimated the cost of mowing the lawns at the end of the tenancy as being $100.00. The tenant is required to pay this amount.

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 applicable 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) The ceiling was burnt; and (b) The ranch slider was broken
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved with an invoice.
I note that I have reduced the claimed cost of repairing the ceiling ($1,035.00) to $1,000.00 because at today’s hearing I was advised that the landlord elected not to claim on their insurance, the excess being $1,000.00. Tenants are required only to pay the applicable excess.
I also note have taken into account betterment and depreciation with regard to the replacement doors. 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 – that is, I have taken into account that the landlord now has new doors, replacing the old doors. Filing fee reimbursement
I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful with this claim against him. C ter Haar 18 June 2026

Tenancy Tribunal case 5414750 — Property damage at 19A Dockery Avenue, Onekawa, Napier 4110

At a glance

Tenancy Tribunal case 5414750 — Property damage at 19A Dockery Avenue, Onekawa, Napier 4110

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