What was the outcome of Tenancy Tribunal case 5437555?

The tribunal order states: The Bond Centre is to pay the full bond of $1,790.00 to Inspire Property

How much money was awarded in case 5437555?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5437555?

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

Where can I read the official tribunal order for case 5437555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13337140-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5437555?

The tribunal order states: The Bond Centre is to pay the full bond of $1,790.00 to Inspire Property

How much money was awarded in case 5437555?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5437555?

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

Where can I read the official tribunal order for case 5437555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13337140-Tenancy_Tribunal_Order.pdf.

312 Clayton Road, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 5437555 — Rent arrears

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312 Clayton Road, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 5437555 — Rent arrears | TenantCheck

Order

The Bond Centre is to pay the full bond of $1,790.00 to Inspire Property Management Limited immediately.
Cheryl Moana Maree Taurerewa to pay Inspire Property Management Limited $5,659.00 immediately, calculated as follows: AwardAmount Rent arrears4,755.69 Cleaning300.00 Rubbish removal598.00 Grounds tidy up and mowing100.00 Keys and rekeying313.00 Replace two reinforced glass panels in back door355.00 Repaint bedroom 2 walls300.00 Replace bedroom 1 door200.00 AwardAmount Replace sleepout door200.00 Repair hole in floor300.00 Filing fee reimbursement28.00 Subtotal7,449.69 Less bond applied(1,790.00) Total tenant to pay5,659.69

Reasons

The Landlord attended the hearing.
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 tenancy ended on 28 January 2026. The Landlord provided rent records which prove rent arrears of $4,755.69 at the end of the tenancy. I am satisfied that amount is established and remains unpaid.

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 Landlord's evidence was that the home was very dirty, with dirt and other organic material on wall and floor surfaces, and that rubbish remained at the property requiring removal by two 9 cubic metre skips.
The Tenant did not return the keys. As a result, the Landlord incurred the cost of replacing and rekeying the front and back door barrels.
I am satisfied the Landlord has proved the following end-of-tenancy losses: cleaning $300.00, rubbish removal $598.00, grounds tidy up and mowing $100.00, and keys and rekeying $313.00.
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 following damage was caused during the tenancy: two reinforced glass panels in the back door were broken, requiring replacement ($355.00); bedroom 2 walls were left in an incomplete and mismatched green repaint after repair work ($300.00); the bedroom 1 door was badly damaged and required replacement ($200.00); the sleepout door required replacement ($200.00); and a hole in the floor required repair ($300.00). I am satisfied this damage is more than fair wear and tear, occurred during the tenancy, and the tenant has not disproved liability for it.
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 items at the start of the tenancy and their likely useful lifespan. The amounts claimed are modest repair or replacement figures and are reasonable in the circumstances.
The Landlord has wholly succeeded with its application and I reimburse its filing fee: $28.00

Order

The Bond Centre is to pay the full bond of $1,790.00 to Inspire Property Management Limited immediately.
Cheryl Moana Maree Taurerewa to pay Inspire Property Management Limited $5,659.00 immediately, calculated as follows: AwardAmount Rent arrears4,755.69 Cleaning300.00 Rubbish removal598.00 Grounds tidy up and mowing100.00 Keys and rekeying313.00 Replace two reinforced glass panels in back door355.00 Repaint bedroom 2 walls300.00 Replace bedroom 1 door200.00 AwardAmount Replace sleepout door200.00 Repair hole in floor300.00 Filing fee reimbursement28.00 Subtotal7,449.69 Less bond applied(1,790.00) Total tenant to pay5,659.69

Reasons

The Landlord attended the hearing.
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 tenancy ended on 28 January 2026. The Landlord provided rent records which prove rent arrears of $4,755.69 at the end of the tenancy. I am satisfied that amount is established and remains unpaid.

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 Landlord's evidence was that the home was very dirty, with dirt and other organic material on wall and floor surfaces, and that rubbish remained at the property requiring removal by two 9 cubic metre skips.
The Tenant did not return the keys. As a result, the Landlord incurred the cost of replacing and rekeying the front and back door barrels.
I am satisfied the Landlord has proved the following end-of-tenancy losses: cleaning $300.00, rubbish removal $598.00, grounds tidy up and mowing $100.00, and keys and rekeying $313.00.
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 following damage was caused during the tenancy: two reinforced glass panels in the back door were broken, requiring replacement ($355.00); bedroom 2 walls were left in an incomplete and mismatched green repaint after repair work ($300.00); the bedroom 1 door was badly damaged and required replacement ($200.00); the sleepout door required replacement ($200.00); and a hole in the floor required repair ($300.00). I am satisfied this damage is more than fair wear and tear, occurred during the tenancy, and the tenant has not disproved liability for it.
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 items at the start of the tenancy and their likely useful lifespan. The amounts claimed are modest repair or replacement figures and are reasonable in the circumstances.
The Landlord has wholly succeeded with its application and I reimburse its filing fee: $28.00

Tenancy Tribunal case 5437555 — Rent arrears at 312 Clayton Road, Pukehangi, Rotorua 3015

At a glance

Tenancy Tribunal case 5437555 — Rent arrears at 312 Clayton Road, Pukehangi, Rotorua 3015

At a glance

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

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