What was Tenancy Tribunal case 5437808 about?

The tribunal order states: [The tenant/s] must pay Russell Hardie Limited As Agent For Cp

How much money was awarded in case 5437808?

Cleaning: $672.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Painting: $2,400.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Property Damage: $908.00 awarded to landlord; Rubbish Removal: $685.00 awarded to landlord; Tenant Contribution So Far: $1,410.00 awarded to tenant

What type of tenancy dispute was case 5437808?

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

Where can I read the official tribunal order for case 5437808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13856073-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5437808 about?

The tribunal order states: [The tenant/s] must pay Russell Hardie Limited As Agent For Cp

How much money was awarded in case 5437808?

Cleaning: $672.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Painting: $2,400.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Property Damage: $908.00 awarded to landlord; Rubbish Removal: $685.00 awarded to landlord; Tenant Contribution So Far: $1,410.00 awarded to tenant

What type of tenancy dispute was case 5437808?

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

Where can I read the official tribunal order for case 5437808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13856073-Tenancy_Tribunal_Order.pdf.

8 Gordon Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 5437808 — Property damage

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8 Gordon Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 5437808 — 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 5437808 — net $1,013.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$672.75		Cleaning
Lawns and Garden work	$130.00		Lawns and Garden work
Rubbish removal	$685.00		Rubbish removal
Lock/key replacement	$280.00		Lock/key replacement
Repair bathroom/toilet flooring	$908.00		Repair bathroom/toilet flooring
Painting	$2,400.00		Painting
Filing fee reimbursement	$28.00		Filing fee reimbursement
Tenant contribution so far		$1,410.00	Tenant contribution so far
Total award	$5,103.75	$1,410.00
Net award	$1,013.75
Total payable by Tenant to Landlord	$1,013.75

Claims and awards for application 5437808 — net $1,013.75 NZD. Verify on MoJ.

Cleaning

Amount: $672.75
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $130.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $685.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $280.00
Awarded to: Landlord
Reason: Lock/key replacement

Repair bathroom/toilet flooring

Amount: $908.00
Awarded to: Landlord
Reason: Repair bathroom/toilet flooring

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Russell Hardie Limited As Agent For Cp Investments Nz Limited $1,013.75 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing which took place by videoconference.
This tenancy was from March 2021 until October 2025.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord advised that the tenant has already paid some contribution towards the amount sought and since the application was filed the bond has been refunded to the landlord. These amounts have been applied to reduce the amount due as recorded in Order 1 above.

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 tenant did not return the keys.
The amounts ordered are proved. Exit photographs and invoices were provided.

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 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: The tenant intentionally painted the premises in a grey colour not approved by the landlord and placed a sticky covering over the bathroom and toilet floor. The landlord provided entry and exit inspection photographs proving the damage and quotes and invoices for the cost to remedy. The landlord agreed to contribute to the cost of the painting which was $3500 and seeks the sum of $2400 from the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Russell Hardie Limited As Agent For Cp Investments Nz Limited has wholly succeeded with the claim I must reimburse 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 5437808 — net $1,013.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$672.75		Cleaning
Lawns and Garden work	$130.00		Lawns and Garden work
Rubbish removal	$685.00		Rubbish removal
Lock/key replacement	$280.00		Lock/key replacement
Repair bathroom/toilet flooring	$908.00		Repair bathroom/toilet flooring
Painting	$2,400.00		Painting
Filing fee reimbursement	$28.00		Filing fee reimbursement
Tenant contribution so far		$1,410.00	Tenant contribution so far
Total award	$5,103.75	$1,410.00
Net award	$1,013.75
Total payable by Tenant to Landlord	$1,013.75

Claims and awards for application 5437808 — net $1,013.75 NZD. Verify on MoJ.

Cleaning

Amount: $672.75
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $130.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $685.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $280.00
Awarded to: Landlord
Reason: Lock/key replacement

Repair bathroom/toilet flooring

Amount: $908.00
Awarded to: Landlord
Reason: Repair bathroom/toilet flooring

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Russell Hardie Limited As Agent For Cp Investments Nz Limited $1,013.75 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing which took place by videoconference.
This tenancy was from March 2021 until October 2025.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord advised that the tenant has already paid some contribution towards the amount sought and since the application was filed the bond has been refunded to the landlord. These amounts have been applied to reduce the amount due as recorded in Order 1 above.

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 tenant did not return the keys.
The amounts ordered are proved. Exit photographs and invoices were provided.

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 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: The tenant intentionally painted the premises in a grey colour not approved by the landlord and placed a sticky covering over the bathroom and toilet floor. The landlord provided entry and exit inspection photographs proving the damage and quotes and invoices for the cost to remedy. The landlord agreed to contribute to the cost of the painting which was $3500 and seeks the sum of $2400 from the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Russell Hardie Limited As Agent For Cp Investments Nz Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5437808 — Property damage at 8 Gordon Road, Western Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 5437808 — Property damage at 8 Gordon Road, Western Heights, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

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

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