What was Tenancy Tribunal case 5426182 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s]

How much money was awarded in case 5426182?

Cleaning: $495.00 awarded to landlord; Lawns and Garden Work: $340.00 awarded to landlord; Loss Of Rent (12 January: $3,157.07 awarded to landlord; Property Damage: $1,029.25 awarded to landlord; Property Damage: $2,846.25 awarded to landlord; Rent Arrears: $1,971.43 awarded to landlord; Cabintry: $1,564.00 awarded to landlord; Doors: $1,265.00 awarded to landlord; Rubbish Removal: $369.00 awarded to landlord; Rubbish Removal: $2,846.25 awarded to landlord

What type of tenancy dispute was case 5426182?

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

Where can I read the official tribunal order for case 5426182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13969733-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5426182 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s]

How much money was awarded in case 5426182?

Cleaning: $495.00 awarded to landlord; Lawns and Garden Work: $340.00 awarded to landlord; Loss Of Rent (12 January: $3,157.07 awarded to landlord; Property Damage: $1,029.25 awarded to landlord; Property Damage: $2,846.25 awarded to landlord; Rent Arrears: $1,971.43 awarded to landlord; Cabintry: $1,564.00 awarded to landlord; Doors: $1,265.00 awarded to landlord; Rubbish Removal: $369.00 awarded to landlord; Rubbish Removal: $2,846.25 awarded to landlord

What type of tenancy dispute was case 5426182?

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

Where can I read the official tribunal order for case 5426182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13969733-Tribunal_Order.pdf.

55C Oliver Road, Minden, RD 1, Tauranga 3171 Tenancy Tribunal Case 5426182 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5426182 — net $10,683.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2026	$1,971.43	Rent arrears to 12 January 2026
Loss of rent (12 January to 28 January 2026	$3,157.07	Loss of rent (12 January to 28 January 2026
Lock/key replacement	$1,029.25	Lock/key replacement
Lawns and garden work	$340.00	Lawns and garden work
Rubbish removal (dump fees	$369.00	Rubbish removal (dump fees
Carpet cleaning	$495.00	Carpet cleaning
Rubbish removal and cleaning	$2,846.25	Rubbish removal and cleaning
Repairs	$2,846.25	Repairs
Repairs: Doors	$1,265.00	Repairs: Doors
Repairs: Cabintry	$1,564.00	Repairs: Cabintry
Net award	$10,683.25
Total payable by Tenant to Landlord	$10,683.25

The landlord attended the hearing. There was no appearance by the tenants and the hearing proceeded in their absence.

I note that an adjournment had been sought so that the tenants could file a cross application, however, this was declined due to insufficient information being provided to support the adjournment. There has also already been a scheduled hearing that was previously adjourned.

There is nothing preventing the tenants from filing a new application with the Tribunal in respect of their claim(s).

The landlord has applied for rent, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord had also initially sought an order for disposal of goods, however, at the hearing he advised that this was no longer required.

The fixed term tenancy commenced on 1 March 2025 and was due to end on 1 March 2026. However, the tenants advised the landlord that they were relocating to the United Kingdom and would be vacating accordingly. The landlord submits that he endeavoured to support this, however issues arose during the handover process.

Eventually the tenants vacated the property, and the landlord took possession on 12 January 2026.

How much is owed for rent?

The landlord provided rent records which prove the amount owing of $1,971.43 at the end of the tenancy.

The amount ordered is proved.

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 (RTA).

The landlord submits that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims for carpet cleaning of $495.00 and has provided photographs and an invoice in support.

There was also additional cleaning required. This included cleaning to drawers and cupboards (including clearing out of rubbish), belongings left at the property, rubbish waste, vacuuming throughout, removal of pen and pencil drawings on walls and cabinetry, pet excrement, and spot cleaning throughout. These works are combined in the same invoice as repair works (referred to below). There is no item-by-item breakdown and so I have attributed $2,846.25 to the cleaning and rubbish removal works.

The tenant also did not return the keys, and the landlord was required to have the locks changed at the invoiced cost of $1,029.25. There were also additional rubbish disposal charges of $216.00 and $153.00, totalling $369.00.

The landlord also claims for lawns and garden work of $340.00 (two instances at $170.00 each time) from throughout the tenancy, as agreed by the tenants. Evidence has been provided in support of this claim.

On review of the evidence, I am satisfied that the statutory standard was not met and 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 landlord claims for damage to a door, due to a surface hole that looks like a fist hole in the door. This required replacing due to the damage, and the hollow nature of the skin at the invoiced cost of $1,265.00.

In addition, the landlord claims $1,564.00 for damage to a cabinet, including removal of the existing damaged panels and re-install of new panels. The landlord also claims $2,846.25 (being the remaining half of the invoice referred to above) for removal of an installed fence and gate, replacing a damaged bathroom door, repair and repaint of the master bedroom and kitchen internal door from animal scratches, repairs to blinds, removing cabinetry shelving to sleepout walls, removal of red paint, and other minor repairs throughout.

Photographs and evidence of costings have been provided in support of these claims.

On review of the evidence, I consider that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

The landlord additionally claims loss of rent from 12 January to 28 January (17 days), due to the tenants effectively abandoning the property on 12 January 2026 and there being an inability to relet the property until 28 January 2026. The ability to relet arose from the condition of the premises, and the works that were required to bring the property up to a condition where the property could be relet. The landlord seeks $3,157.07 for this time period.

I consider in the circumstances these costs are reasonable, foreseeable and caused by the tenants’ breaches outlined above. This is both due to the break in the fixed term tenancy (see s44A of the RTA), and the repairs that were required prior to reletting the property. The amount ordered is proved. Filing fee

Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have also reimbursed the filing fee. R Harvey-Lane 10 August 2026

Reasons

Claims and awards in Tenancy Tribunal application 5426182 — net $10,683.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2026	$1,971.43	Rent arrears to 12 January 2026
Loss of rent (12 January to 28 January 2026	$3,157.07	Loss of rent (12 January to 28 January 2026
Lock/key replacement	$1,029.25	Lock/key replacement
Lawns and garden work	$340.00	Lawns and garden work
Rubbish removal (dump fees	$369.00	Rubbish removal (dump fees
Carpet cleaning	$495.00	Carpet cleaning
Rubbish removal and cleaning	$2,846.25	Rubbish removal and cleaning
Repairs	$2,846.25	Repairs
Repairs: Doors	$1,265.00	Repairs: Doors
Repairs: Cabintry	$1,564.00	Repairs: Cabintry
Net award	$10,683.25
Total payable by Tenant to Landlord	$10,683.25

The landlord attended the hearing. There was no appearance by the tenants and the hearing proceeded in their absence.

There is nothing preventing the tenants from filing a new application with the Tribunal in respect of their claim(s).

Eventually the tenants vacated the property, and the landlord took possession on 12 January 2026.

How much is owed for rent?

The landlord provided rent records which prove the amount owing of $1,971.43 at the end of the tenancy.

The amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

On review of the evidence, I am satisfied that the statutory standard was not met and the amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Photographs and evidence of costings have been provided in support of these claims.

On review of the evidence, I consider that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have also reimbursed the filing fee. R Harvey-Lane 10 August 2026

Tenancy Tribunal case 5426182 — Property damage at 55C Oliver Road, Minden, RD 1, Tauranga 3171

At a glance

Tenancy Tribunal case 5426182 — Property damage at 55C Oliver Road, Minden, RD 1, Tauranga 3171

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.