What was Tenancy Tribunal case 5437411 about?

The tribunal order states: Michael Berkahn must pay Advantage Realty Limited As Agent For Dale And

How much money was awarded in case 5437411?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,300.00 awarded to landlord; Removing The Yuccas: $460.00 awarded to landlord; Rent In Lieu Of Notice: $4,228.58 awarded to landlord; Rubbish Removal: $262.20 awarded to landlord; Water Rates: $143.90 awarded to landlord

What type of tenancy dispute was case 5437411?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5437411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13775360-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5437411 about?

The tribunal order states: Michael Berkahn must pay Advantage Realty Limited As Agent For Dale And

How much money was awarded in case 5437411?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,300.00 awarded to landlord; Removing The Yuccas: $460.00 awarded to landlord; Rent In Lieu Of Notice: $4,228.58 awarded to landlord; Rubbish Removal: $262.20 awarded to landlord; Water Rates: $143.90 awarded to landlord

What type of tenancy dispute was case 5437411?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5437411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13775360-Tenancy_Tribunal_Order.pdf.

50B Matua Road, Matua, Tauranga 3110 Tenancy Tribunal Case 5437411 — Property damage

Tenantcheck Insights

50B Matua Road, Matua, Tauranga 3110 Tenancy Tribunal Case 5437411 — Property damage | 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 5437411 — net $4,642.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent in lieu of notice to 22 December 2025	$4,228.58		Rent in lieu of notice to 22 December 2025
Water rates: to end of the tenancy	$143.90		Water rates: to end of the tenancy
Rubbish removal: 2 x beds	$262.20		Rubbish removal: 2 x beds
Cleaning	$500.00		Cleaning
Removing the yuccas	$460.00		Removing the yuccas
Painting in to cover smoke damage	$1,300.00		Painting in to cover smoke damage
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already refunded by consent		$2,280.00	Bond already refunded by consent
Total award	$6,922.68	$2,280.00
Net award	$4,642.68
Total payable by Tenant to Landlord	$4,642.68

Claims and awards for application 5437411 — net $4,642.68 NZD. Verify on MoJ.

Rent in lieu of notice to 22 December 2025

Amount: $4,228.58
Awarded to: Landlord
Reason: Rent in lieu of notice to 22 December 2025

Water rates: to end of the tenancy

Amount: $143.90
Awarded to: Landlord
Reason: Water rates: to end of the tenancy

Rubbish removal: 2 x beds

Amount: $262.20
Awarded to: Landlord
Reason: Rubbish removal: 2 x beds

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Removing the yuccas

Amount: $460.00
Awarded to: Landlord
Reason: Removing the yuccas

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Michael Berkahn must pay Advantage Realty Limited As Agent For Dale And Helen Baxter $4,642.68 immediately, calculated as shown in table below.
Al other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the call I made to his phone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded by consent.

How much is owed for rent and water rates?

I find the tenancy ended on 30 November 2025 when the tenant sent a message to the landlord saying he had moved out. I find he should pay the 21 days rent in lieu of 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 his obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with invoices and the photos taken at the final inspection. I find the tenant did not leave the house in a reasonable condition. I have allowed an amount for cleaning that seems reasonable to me. The amount claimed for removing the beds is reasonable.
There are two claims for removing the 20 yuccas the tenant planted in the garden over his 5 year tenancy. I can see from the photos that the flat he rented has a small section and the yuccas are large. The landlord said the yuccas were discussed during the tenancy and the tenant agreed to remove them, but I do not have any record of this agreement. I find it is reasonable for the tenant to pay for the cost of removing the trees because there are too many for such a small section and they will continue to grow. I have not allowed the claim for grinding the stumps because the removal would have cost a lot less if the tenant had been asked to remove them before they got so big. The $460 claimed for their removal seems reasonable to me.

Is the tenant responsible for the damage to the walls and ceilings in the living area?

There is a claim for painting. The 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 he 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. The insurance excess for this flat was $1,400. See section 49B(3)(a) RTA.
The landlord provided me with good photos showing dark marks on the walls and ceilings in the living areas. The landlord said the tenant had large candles in the lounge. The cleaner wrote a statement that said she had experience with cleaning after fires and they could not clean the walls and ceilings because of smoke damage. The landlord has proved the damage was caused during the tenancy. I find the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
I am required to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. We discussed depreciation at the hearing and I was provided with evidence the flat was painted at the start of this tenancy. I find the tenant should pay half the cost of the painting invoice, which takes the five years of the tenant living in the flat into account. Filing fee
Because the landlord 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 5437411 — net $4,642.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent in lieu of notice to 22 December 2025	$4,228.58		Rent in lieu of notice to 22 December 2025
Water rates: to end of the tenancy	$143.90		Water rates: to end of the tenancy
Rubbish removal: 2 x beds	$262.20		Rubbish removal: 2 x beds
Cleaning	$500.00		Cleaning
Removing the yuccas	$460.00		Removing the yuccas
Painting in to cover smoke damage	$1,300.00		Painting in to cover smoke damage
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already refunded by consent		$2,280.00	Bond already refunded by consent
Total award	$6,922.68	$2,280.00
Net award	$4,642.68
Total payable by Tenant to Landlord	$4,642.68

Claims and awards for application 5437411 — net $4,642.68 NZD. Verify on MoJ.

Rent in lieu of notice to 22 December 2025

Amount: $4,228.58
Awarded to: Landlord
Reason: Rent in lieu of notice to 22 December 2025

Water rates: to end of the tenancy

Amount: $143.90
Awarded to: Landlord
Reason: Water rates: to end of the tenancy

Rubbish removal: 2 x beds

Amount: $262.20
Awarded to: Landlord
Reason: Rubbish removal: 2 x beds

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Removing the yuccas

Amount: $460.00
Awarded to: Landlord
Reason: Removing the yuccas

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Michael Berkahn must pay Advantage Realty Limited As Agent For Dale And Helen Baxter $4,642.68 immediately, calculated as shown in table below.
Al other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the call I made to his phone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded by consent.

How much is owed for rent and water rates?

I find the tenancy ended on 30 November 2025 when the tenant sent a message to the landlord saying he had moved out. I find he should pay the 21 days rent in lieu of 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 his obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with invoices and the photos taken at the final inspection. I find the tenant did not leave the house in a reasonable condition. I have allowed an amount for cleaning that seems reasonable to me. The amount claimed for removing the beds is reasonable.
There are two claims for removing the 20 yuccas the tenant planted in the garden over his 5 year tenancy. I can see from the photos that the flat he rented has a small section and the yuccas are large. The landlord said the yuccas were discussed during the tenancy and the tenant agreed to remove them, but I do not have any record of this agreement. I find it is reasonable for the tenant to pay for the cost of removing the trees because there are too many for such a small section and they will continue to grow. I have not allowed the claim for grinding the stumps because the removal would have cost a lot less if the tenant had been asked to remove them before they got so big. The $460 claimed for their removal seems reasonable to me.

Is the tenant responsible for the damage to the walls and ceilings in the living area?

There is a claim for painting. The 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 he 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. The insurance excess for this flat was $1,400. See section 49B(3)(a) RTA.
The landlord provided me with good photos showing dark marks on the walls and ceilings in the living areas. The landlord said the tenant had large candles in the lounge. The cleaner wrote a statement that said she had experience with cleaning after fires and they could not clean the walls and ceilings because of smoke damage. The landlord has proved the damage was caused during the tenancy. I find the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
I am required to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. We discussed depreciation at the hearing and I was provided with evidence the flat was painted at the start of this tenancy. I find the tenant should pay half the cost of the painting invoice, which takes the five years of the tenant living in the flat into account. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5437411 — Property damage at 50B Matua Road, Matua, Tauranga 3110

At a glance

Tenancy Tribunal case 5437411 — Property damage at 50B Matua Road, Matua, Tauranga 3110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the walls and ceilings in the living area?

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 his obligations at the end of the tenancy?

Is the tenant responsible for the damage to the walls and ceilings in the living area?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions