What was Tenancy Tribunal case 5432968 about?

The tribunal order states: [The tenant/s] must pay M H Realty Limited As Agent For Jacqueline Davies

How much money was awarded in case 5432968?

Cleaning: $1,518.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garden Waste (50% Of Invoiced Cost: $264.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $4,211.43 awarded to landlord; Replace Draw Handle: $287.50 awarded to landlord; Rubbish Removal: $821.39 awarded to landlord; Water Rates: $227.43 awarded to landlord

What type of tenancy dispute was case 5432968?

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

Where can I read the official tribunal order for case 5432968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13719140-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5432968 about?

The tribunal order states: [The tenant/s] must pay M H Realty Limited As Agent For Jacqueline Davies

How much money was awarded in case 5432968?

Cleaning: $1,518.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garden Waste (50% Of Invoiced Cost: $264.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $4,211.43 awarded to landlord; Replace Draw Handle: $287.50 awarded to landlord; Rubbish Removal: $821.39 awarded to landlord; Water Rates: $227.43 awarded to landlord

What type of tenancy dispute was case 5432968?

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

Where can I read the official tribunal order for case 5432968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13719140-Tribunal_Order.pdf.

10 Kenneth Avenue, Whitianga 3510 Tenancy Tribunal Case 5432968 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5432968 — net $5,645.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,211.43	Rent arrears
Water rates	$227.43	Water rates
Rubbish removal	$821.39	Rubbish removal
Cleaning	$1,518.00	Cleaning
Garden waste (50% of invoiced cost	$264.50	Garden waste (50% of invoiced cost
Oven replacement (50% depreciated	$287.50	Oven replacement (50% depreciated
Replace draw handle	$287.50	Replace draw handle
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,645.75
Total payable by Tenant to Landlord	$5,645.75

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

The first hearing was adjourned part-heard with a tenant counterclaim expected afterwards. That did not eventuate. As the tenancy would end before this hearing, the landlord was granted leave to vary the application for any vacated claims. This was done.

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 and water rates?

The tenancy ended on 8 April 2026 as expected. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

The landlord found flatmates of the tenant at the premises at exit. They told her they had only just been told by the tenant that the tenancy had ended and that they had to leave immediately. The tenant was well aware of the end date beforehand as that was confirmed in the prior order dated 24 March 2026.

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 sudden need for the flatmates to leave may have contributed to the poor condition of the premises at vacate.

The landlord provided entry and exit photos, as well as invoices for rubbish removal, cleaning, and garden waste removal. The claim for garden waste removal was 50% of cost as the landlord recognised some benefit from the prior (non-approved) effort that generated the waste.

The claims for rubbish removal and cleaning are awarded in full. The effort required as invoiced was justified in the supporting evidence.

The landlord had to replace a draw handle that was missing. This cost $26.71 as invoiced. Photos from entry prove it was there at commencement.

The oven was in very poor condition and that was not due to reasonable wear and tear. Rather than incur a deep clean cost the landlord choose to replace the oven. This was prudent. The replacement cost was $575.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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 oven at the start of the tenancy and its likely useful lifespan. Given this consideration I award 50% of the replacement cost of the oven. Filing fee

Because M H Realty Limited As Agent For Jacqueline Davies has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5432968 — net $5,645.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,211.43	Rent arrears
Water rates	$227.43	Water rates
Rubbish removal	$821.39	Rubbish removal
Cleaning	$1,518.00	Cleaning
Garden waste (50% of invoiced cost	$264.50	Garden waste (50% of invoiced cost
Oven replacement (50% depreciated	$287.50	Oven replacement (50% depreciated
Replace draw handle	$287.50	Replace draw handle
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,645.75
Total payable by Tenant to Landlord	$5,645.75

Order

[The tenant/s] must pay M H Realty Limited As Agent For Jacqueline Davies $5,645.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5991708-006) to M H Realty Limited As Agent For Jacqueline Davies immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
The first hearing was adjourned part-heard with a tenant counterclaim expected afterwards. That did not eventuate. As the tenancy would end before this hearing, the landlord was granted leave to vary the application for any vacated claims. This was done.
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 and water rates?

The tenancy ended on 8 April 2026 as expected. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.
The landlord found flatmates of the tenant at the premises at exit. They told her they had only just been told by the tenant that the tenancy had ended and that they had to leave immediately. The tenant was well aware of the end date beforehand as that was confirmed in the prior order dated 24 March 2026.

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 sudden need for the flatmates to leave may have contributed to the poor condition of the premises at vacate.
The landlord provided entry and exit photos, as well as invoices for rubbish removal, cleaning, and garden waste removal. The claim for garden waste removal was 50% of cost as the landlord recognised some benefit from the prior (non-approved) effort that generated the waste.
The claims for rubbish removal and cleaning are awarded in full. The effort required as invoiced was justified in the supporting evidence.
The landlord had to replace a draw handle that was missing. This cost $26.71 as invoiced. Photos from entry prove it was there at commencement.
The oven was in very poor condition and that was not due to reasonable wear and tear. Rather than incur a deep clean cost the landlord choose to replace the oven. This was prudent. The replacement cost was $575.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 oven at the start of the tenancy and its likely useful lifespan. Given this consideration I award 50% of the replacement cost of the oven. Filing fee
Because M H Realty Limited As Agent For Jacqueline Davies has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5432968 — Rent arrears at 10 Kenneth Avenue, Whitianga 3510

At a glance

Tenancy Tribunal case 5432968 — Rent arrears at 10 Kenneth Avenue, Whitianga 3510

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions