What was the outcome of Tenancy Tribunal case 5438672?

The tribunal order states: The Tenant is to pay the Landlord $9,633.73 calculated as follows:

How much money was awarded in case 5438672?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5438672?

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

Where can I read the official tribunal order for case 5438672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13484164-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5438672?

The tribunal order states: The Tenant is to pay the Landlord $9,633.73 calculated as follows:

How much money was awarded in case 5438672?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5438672?

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

Where can I read the official tribunal order for case 5438672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13484164-Tenancy_Tribunal_Order.pdf.

95B Sunset Road, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 5438672 — Property damage

Order

The Tenant is to pay the Landlord $9,633.73 calculated as follows: ItemAmount Rent arrears / occupation to 12 January 2026$2,160.42 Non-return of keys$234.00 Rubbish removal$2,186.15 Cleaning, gardens and lawns$700.00 Broken window$261.05 Broken back door glass$137.02 Garage door repairs$480.00 Shower lining repairs$2,506.28 Carpet damage / soiling (30% of replacement cost)$940.81 Filing fee reimbursement$28.00 Total$9,633.73

Reasons

The Landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20 December 2025 pursuant to an earlier Tribunal order. The Landlord said the Tenant did not vacate until 12 January 2026. The Landlord produced rent records which proved rent arrears / occupation charges of $2,160.42 to that date. I allow that amount.

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.
I am satisfied the Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord relied on pre-tenancy photographs, inspection notes, oral evidence, and invoices. I accept that the extent of rubbish and cleaning required at the end of the tenancy was not present at the start.
The Landlord proved the following end-of-tenancy breach claims: a. non-return of keys: $234.00 b. rubbish removal: $2,186.15 c. cleaning, gardens and lawns: $1,205.00 – this amount was reduced to $700.00 by agreement of the Landlord.
Those amounts are allowed.
I am also satisfied the Tenant did not return the keys. The Landlord incurred locksmith / rekeying costs of $234.00 as a result. I award this amount also.

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 provided pre-tenancy photographs and inspection notes, together with oral evidence and invoices. I accept that the following damage occurred during the tenancy and was more than fair wear and tear: a. broken window b. broken back door glass c. garage door damage (2x – one manual roller, one automatic) requiring repairs d. hole / damage to the shower lining beneath the mixer – it was not possible to replace a single panel, all panels required replacement. e. badly soiled and damaged bedroom carpet
I am satisfied the Tenant has not disproved liability for that damage.
I allow the following damage claims: a. broken window: $261.05 b. broken back door glass: $137.02 c. garage door repairs: $480.00 d. shower lining repairs: $2,506.28
In relation to the carpet claim, the Landlord sought $3,136.04 for replacement. I am not satisfied full replacement cost should be awarded. I have taken into account the age and condition of the carpet at the start of the tenancy, depreciation, and the fact that the damage was confined to key affected areas. Doing the best I can on the evidence, I award 30% of that claim, namely $940.81.
Because the Landlord has succeeded in the claim, the filing fee of $28.00 must be reimbursed.

Order

The Tenant is to pay the Landlord $9,633.73 calculated as follows: ItemAmount Rent arrears / occupation to 12 January 2026$2,160.42 Non-return of keys$234.00 Rubbish removal$2,186.15 Cleaning, gardens and lawns$700.00 Broken window$261.05 Broken back door glass$137.02 Garage door repairs$480.00 Shower lining repairs$2,506.28 Carpet damage / soiling (30% of replacement cost)$940.81 Filing fee reimbursement$28.00 Total$9,633.73

Reasons

The Landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20 December 2025 pursuant to an earlier Tribunal order. The Landlord said the Tenant did not vacate until 12 January 2026. The Landlord produced rent records which proved rent arrears / occupation charges of $2,160.42 to that date. I allow that amount.

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.
I am satisfied the Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord relied on pre-tenancy photographs, inspection notes, oral evidence, and invoices. I accept that the extent of rubbish and cleaning required at the end of the tenancy was not present at the start.
The Landlord proved the following end-of-tenancy breach claims: a. non-return of keys: $234.00 b. rubbish removal: $2,186.15 c. cleaning, gardens and lawns: $1,205.00 – this amount was reduced to $700.00 by agreement of the Landlord.
Those amounts are allowed.
I am also satisfied the Tenant did not return the keys. The Landlord incurred locksmith / rekeying costs of $234.00 as a result. I award this amount also.

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 provided pre-tenancy photographs and inspection notes, together with oral evidence and invoices. I accept that the following damage occurred during the tenancy and was more than fair wear and tear: a. broken window b. broken back door glass c. garage door damage (2x – one manual roller, one automatic) requiring repairs d. hole / damage to the shower lining beneath the mixer – it was not possible to replace a single panel, all panels required replacement. e. badly soiled and damaged bedroom carpet
I am satisfied the Tenant has not disproved liability for that damage.
I allow the following damage claims: a. broken window: $261.05 b. broken back door glass: $137.02 c. garage door repairs: $480.00 d. shower lining repairs: $2,506.28
In relation to the carpet claim, the Landlord sought $3,136.04 for replacement. I am not satisfied full replacement cost should be awarded. I have taken into account the age and condition of the carpet at the start of the tenancy, depreciation, and the fact that the damage was confined to key affected areas. Doing the best I can on the evidence, I award 30% of that claim, namely $940.81.
Because the Landlord has succeeded in the claim, the filing fee of $28.00 must be reimbursed.

Tenancy Tribunal case 5438672 — Property damage at 95B Sunset Road, Mangakakahi, Rotorua 3015

Tenancy Tribunal case 5438672 — Property damage at 95B Sunset Road, Mangakakahi, Rotorua 3015

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?

Property management

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?

Property management