What was Tenancy Tribunal case 5441429 about?

The tribunal order states: [The tenant/s] must pay Advantage Realty Limited As Agent For Olivia

How much money was awarded in case 5441429?

Bailiff Fee To Enforce Eviction: $267.00 awarded to landlord; Cleaning: $698.28 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,107.00 awarded to landlord; Property Damage: $244.95 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord; Replace Furnishings: Bathroom Vanity: $1,139.37 awarded to landlord

What type of tenancy dispute was case 5441429?

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

Where can I read the official tribunal order for case 5441429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740216-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5441429 about?

The tribunal order states: [The tenant/s] must pay Advantage Realty Limited As Agent For Olivia

How much money was awarded in case 5441429?

Bailiff Fee To Enforce Eviction: $267.00 awarded to landlord; Cleaning: $698.28 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,107.00 awarded to landlord; Property Damage: $244.95 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord; Replace Furnishings: Bathroom Vanity: $1,139.37 awarded to landlord

What type of tenancy dispute was case 5441429?

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

Where can I read the official tribunal order for case 5441429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740216-Tenancy_Tribunal_Order.pdf.

13 Anglers Way, Omokoroa, Tauranga 3114 Tenancy Tribunal Case 5441429 — Rent arrears

Tenantcheck Insights

13 Anglers Way, Omokoroa, Tauranga 3114 Tenancy Tribunal Case 5441429 — Rent arrears | 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 5441429 — net $8,014.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2025	$2,880.00	Rent arrears to 11/12/2025
Lock/key replacement	$244.95	Lock/key replacement
Bailiff fee to enforce eviction	$267.00	Bailiff fee to enforce eviction
Carpet Cleaning and stain removal	$698.28	Carpet Cleaning and stain removal
Cleaning	$900.00	Cleaning
Rubbish removal and lawns and gardens	$1,107.00	Rubbish removal and lawns and gardens
Paint repairs	$750.00	Paint repairs
Replace furnishings: bathroom vanity	$1,139.37	Replace furnishings: bathroom vanity
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,014.60
Total payable by Tenant to Landlord	$8,014.60

Claims and awards for application 5441429 — net $8,014.60 NZD. Verify on MoJ.

Rent arrears to 11/12/2025

Amount: $2,880.00
Awarded to: Landlord
Reason: Rent arrears to 11/12/2025

Lock/key replacement

Amount: $244.95
Awarded to: Landlord
Reason: Lock/key replacement

Bailiff fee to enforce eviction

Amount: $267.00
Awarded to: Landlord
Reason: Bailiff fee to enforce eviction

Carpet Cleaning and stain removal

Amount: $698.28
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

For Treating The Shower Doors To Rem… — both as it was not incurred and because it would restore the shower doors to a significantly better standard than “reasonable”.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

[The tenant/s] must pay Advantage Realty Limited As Agent For Olivia Donaldson $8,014.60 immediately, calculated as shown in table below.

Reasons

Only the applicant 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 and water rates?

The tenancy ended on 11/12/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant did not leave the premises at the end of the tenancy (when she failed to pay rent and arrears as she had promised to do and breached a conditional termination order TT5363365 made on 18/11/2025).
The cost of having a bailiff attend to enforce the possession order is awarded as is the cost of changing the locks and keys
The water metre was not read at the end of the tenancy so water charges cannot be awarded. The tenant had paid the previous water rates she owed in full.

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 cleaning cost claimed is reduced by a small margin to reflect that a tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to the standard that a landlord might consider acceptable for a new tenant.
While the property was clearly not left to either the standard expected by the landlord or that required by the Act, I am not satisfied that the tenant is responsible for the full cost claimed, noting that it includes such items as cleaning all windows and tracks and all skirting boards and surfaces.
The adjustment is considered reasonable based on the photographs and evidence provided.
The claim for $630 for treating the shower doors to remove soap and residue is dismissed both as it was not incurred and because it would restore the shower doors to a significantly better standard than “reasonable”.
The carpets were extensively stained and the lawns and gardens overgrown.
As noted above the tenant did not return the keys.
The bathroom vanity provided in a good condition at the beginning of the tenancy was damaged by burn marks and needed to be replaced. As that damage is caused by the tenant’s carelessness or negligence, the replacement cost including plumbing and carpentry work is awarded.
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 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.
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: several walls and surfaces throughout the property were damaged. Some areas the tenant had plastered but not repainted. Most of the damage photographed can fairly be categorised as more than fair wear and tear and attributable to at least carelessness, however some of the very minor marks can only be attributed to fair wear and tear so a small deduction is accordingly made.
The amounts ordered are proved.
The landlord’s application is substantially successful, so the tenant is to pay 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 5441429 — net $8,014.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2025	$2,880.00	Rent arrears to 11/12/2025
Lock/key replacement	$244.95	Lock/key replacement
Bailiff fee to enforce eviction	$267.00	Bailiff fee to enforce eviction
Carpet Cleaning and stain removal	$698.28	Carpet Cleaning and stain removal
Cleaning	$900.00	Cleaning
Rubbish removal and lawns and gardens	$1,107.00	Rubbish removal and lawns and gardens
Paint repairs	$750.00	Paint repairs
Replace furnishings: bathroom vanity	$1,139.37	Replace furnishings: bathroom vanity
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,014.60
Total payable by Tenant to Landlord	$8,014.60

Claims and awards for application 5441429 — net $8,014.60 NZD. Verify on MoJ.

Rent arrears to 11/12/2025

Amount: $2,880.00
Awarded to: Landlord
Reason: Rent arrears to 11/12/2025

Lock/key replacement

Amount: $244.95
Awarded to: Landlord
Reason: Lock/key replacement

Bailiff fee to enforce eviction

Amount: $267.00
Awarded to: Landlord
Reason: Bailiff fee to enforce eviction

Carpet Cleaning and stain removal

Amount: $698.28
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

For Treating The Shower Doors To Rem… — both as it was not incurred and because it would restore the shower doors to a significantly better standard than “reasonable”.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

[The tenant/s] must pay Advantage Realty Limited As Agent For Olivia Donaldson $8,014.60 immediately, calculated as shown in table below.

Reasons

Only the applicant 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 and water rates?

The tenancy ended on 11/12/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant did not leave the premises at the end of the tenancy (when she failed to pay rent and arrears as she had promised to do and breached a conditional termination order TT5363365 made on 18/11/2025).
The cost of having a bailiff attend to enforce the possession order is awarded as is the cost of changing the locks and keys
The water metre was not read at the end of the tenancy so water charges cannot be awarded. The tenant had paid the previous water rates she owed in full.

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 cleaning cost claimed is reduced by a small margin to reflect that a tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to the standard that a landlord might consider acceptable for a new tenant.
While the property was clearly not left to either the standard expected by the landlord or that required by the Act, I am not satisfied that the tenant is responsible for the full cost claimed, noting that it includes such items as cleaning all windows and tracks and all skirting boards and surfaces.
The adjustment is considered reasonable based on the photographs and evidence provided.
The claim for $630 for treating the shower doors to remove soap and residue is dismissed both as it was not incurred and because it would restore the shower doors to a significantly better standard than “reasonable”.
The carpets were extensively stained and the lawns and gardens overgrown.
As noted above the tenant did not return the keys.
The bathroom vanity provided in a good condition at the beginning of the tenancy was damaged by burn marks and needed to be replaced. As that damage is caused by the tenant’s carelessness or negligence, the replacement cost including plumbing and carpentry work is awarded.
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 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.
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: several walls and surfaces throughout the property were damaged. Some areas the tenant had plastered but not repainted. Most of the damage photographed can fairly be categorised as more than fair wear and tear and attributable to at least carelessness, however some of the very minor marks can only be attributed to fair wear and tear so a small deduction is accordingly made.
The amounts ordered are proved.
The landlord’s application is substantially successful, so the tenant is to pay the filing fee.

Tenancy Tribunal case 5441429 — Rent arrears at 13 Anglers Way, Omokoroa, Tauranga 3114

At a glance

Tenancy Tribunal case 5441429 — Rent arrears at 13 Anglers Way, Omokoroa, Tauranga 3114

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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