What was Tenancy Tribunal case 5438949 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Berryman

How much money was awarded in case 5438949?

Cleaning: $782.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $156.40 awarded to landlord; Rent Arrears: $1,825.71 awarded to landlord; Missing Blinds: $100.00 awarded to landlord; Rubbish Removal: $1,242.00 awarded to landlord; Water Rates: $150.26 awarded to landlord

What type of tenancy dispute was case 5438949?

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

Where can I read the official tribunal order for case 5438949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13782506-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5438949 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Berryman

How much money was awarded in case 5438949?

Cleaning: $782.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $156.40 awarded to landlord; Rent Arrears: $1,825.71 awarded to landlord; Missing Blinds: $100.00 awarded to landlord; Rubbish Removal: $1,242.00 awarded to landlord; Water Rates: $150.26 awarded to landlord

What type of tenancy dispute was case 5438949?

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

Where can I read the official tribunal order for case 5438949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13782506-Tenancy_Tribunal_Order.pdf.

134 Weraroa Road, Levin, Levin 5510 Tenancy Tribunal Case 5438949 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5438949 — net $1,891.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: and exterior clean, weeding, cleaning blinds and replace kitchen sink plug	$1,242.00	Rubbish removal: and exterior clean, weeding, cleaning blinds and replace kitchen sink plug
Rent arrears to 6.1.26	$1,825.71	Rent arrears to 6.1.26
Water rates: to 16 Sept 2025	$150.26	Water rates: to 16 Sept 2025
Cleaning: - interior	$782.00	Cleaning: - interior
Lock/key replacement	$156.40	– Carpet recovery invoice: $287.50 d. Lock replacement – Security max invoice: $156.40 23.The amounts ordered are proved.
Cleaning: Squab cleaning	$287.50	ing – NZ Maintenance invoice: $782 c. Squab cleaning – Carpet recovery invoice: $287.50 d.
Repairs: missing blinds	$100.00	the tenants have not disproved liability for the damage. The amount ordered of $100 is proved with pre and post tenancy photographs and an invoice.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,891.87
Total payable by Tenant to Landlord	$1,891.87

[The tenant/s] and [The tenant/s] must pay Berryman Property Management And Rentals Ltd As The Agent For J Navin And [The landlord/s] $1,891.87 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $2,680.00 (3833145-004) to Berryman Property Management And Rentals Ltd As The Agent For J Navin And [The landlord/s] immediately. 5438949 2

Reasons

The landlord attended the hearing.

The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.

The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement.1 The tenancy ended on 6 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1825.71.

How much is owed for water rates?

The tenant is responsible for water consumption charges.2 The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $150.26 The Law – tenant’s obligations at the end of the tenancy 1 RTA, 40 (1)(a). 2 RTA, s 39. 5438949 3

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3 The Law - Tenants responsibility for damage

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises.4

Where a landlord is claiming compensation for damage 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.5

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use.6

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).7 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).8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.9

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.10 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.11 3 RTA, 40(1)(e). 4 RTA, s 40 (2)(a). 5 RTA s 40(2)(a), 41, 49B. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 RTA s 49B(3)(a). 8 RTA, s 49B(3)(b). 9 RTA s 49B(3A)(a). 10 RTA s 49B(1). 11 See Guo v Korck [2019] NZHC 1541. 5438949 4

In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning, rubbish removal and chattel replacement

The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Rubbish removal was required, including the removal of a spa.

Weeding was required.

Cleaning of surfaces was required throughout the premises as it appeared the tenants did not wipe down surfaces before vacating the premises.

Indoor squabs required cleaning as they had been left in the garage by the tenant and become dirty.

The tenants did not return the keys.

The following chattels were missing at the end of the tenancy: A kitchen plug was missing and required replacement.

The amounts ordered are: a. Rubbish removal, weeding, exterior cleaning and tidying, blind cleaning and replacing kitchen plug – NZ Maintenance invoice: $1242.00 b. General cleaning – NZ Maintenance invoice: $782 c. Squab cleaning – Carpet recovery invoice: $287.50 d. Lock replacement – Security max invoice: $156.40

The amounts ordered are proved. Damage claims

The following damage was caused during the tenancy: A blind had two missing blades. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amount ordered of $100 is proved with pre and post tenancy photographs and an invoice. Bond 5438949 5

The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee

Because the landlord has been wholly or partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28.12 Suppression

On my enquiry, the landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5438949 — net $1,891.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: and exterior clean, weeding, cleaning blinds and replace kitchen sink plug	$1,242.00	Rubbish removal: and exterior clean, weeding, cleaning blinds and replace kitchen sink plug
Rent arrears to 6.1.26	$1,825.71	Rent arrears to 6.1.26
Water rates: to 16 Sept 2025	$150.26	Water rates: to 16 Sept 2025
Cleaning: - interior	$782.00	Cleaning: - interior
Lock/key replacement	$156.40	– Carpet recovery invoice: $287.50 d. Lock replacement – Security max invoice: $156.40 23.The amounts ordered are proved.
Cleaning: Squab cleaning	$287.50	ing – NZ Maintenance invoice: $782 c. Squab cleaning – Carpet recovery invoice: $287.50 d.
Repairs: missing blinds	$100.00	the tenants have not disproved liability for the damage. The amount ordered of $100 is proved with pre and post tenancy photographs and an invoice.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,891.87
Total payable by Tenant to Landlord	$1,891.87

Order

[The tenant/s] and [The tenant/s] must pay Berryman Property Management And Rentals Ltd As The Agent For J Navin And [The landlord/s] $1,891.87 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,680.00 (3833145-004) to Berryman Property Management And Rentals Ltd As The Agent For J Navin And [The landlord/s] immediately. 5438949 2

Reasons

The landlord attended the hearing.
The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.
The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement.1 The tenancy ended on 6 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1825.71.

How much is owed for water rates?

The tenant is responsible for water consumption charges.2 The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $150.26 The Law – tenant’s obligations at the end of the tenancy 1 RTA, 40 (1)(a). 2 RTA, s 39. 5438949 3
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises.4
Where a landlord is claiming compensation for damage 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.5
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use.6
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).7 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).8 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.9
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.10 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.11 3 RTA, 40(1)(e). 4 RTA, s 40 (2)(a). 5 RTA s 40(2)(a), 41, 49B. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 RTA s 49B(3)(a). 8 RTA, s 49B(3)(b). 9 RTA s 49B(3A)(a). 10 RTA s 49B(1). 11 See Guo v Korck [2019] NZHC 1541. 5438949 4
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning, rubbish removal and chattel replacement
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Rubbish removal was required, including the removal of a spa.
Weeding was required.
Cleaning of surfaces was required throughout the premises as it appeared the tenants did not wipe down surfaces before vacating the premises.
Indoor squabs required cleaning as they had been left in the garage by the tenant and become dirty.
The tenants did not return the keys.
The following chattels were missing at the end of the tenancy: A kitchen plug was missing and required replacement.
The amounts ordered are: a. Rubbish removal, weeding, exterior cleaning and tidying, blind cleaning and replacing kitchen plug – NZ Maintenance invoice: $1242.00 b. General cleaning – NZ Maintenance invoice: $782 c. Squab cleaning – Carpet recovery invoice: $287.50 d. Lock replacement – Security max invoice: $156.40
The amounts ordered are proved. Damage claims
The following damage was caused during the tenancy: A blind had two missing blades. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amount ordered of $100 is proved with pre and post tenancy photographs and an invoice. Bond 5438949 5
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee
Because the landlord has been wholly or partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28.12 Suppression
On my enquiry, the landlord did not seek name suppression.

Tenancy Tribunal case 5438949 — Rent arrears at 134 Weraroa Road, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5438949 — Rent arrears at 134 Weraroa Road, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water rates?

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?

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions