Tenantcheck Insights · Case study
Tenancy Tribunal case 5452006 — Property damage at Unit 12, 37 Wellesley Road, Napier South, Napier 4110
Decided 11 June 2026 · Published 11 June 2026 · Application 5452006
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Napier
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,619.17
- Bond payment as ordered
- −$960.00
- Total balance for Tenant to pay Landlord
- $3,659.17
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $1,534.00 | Rent arrears | |
| Cleaning and rubbish removal | $586.60 | Cleaning and rubbish removal | |
| Lawns and Garden work | $111.00 | Lawns and Garden work | |
| Repairs – hole in toilet door, washing line, holes in stairway wall, pelmet repair | $2,359.57 | Repairs – hole in toilet door, washing line, holes in stairway wall, pelmet repair | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,659.17 | ||
| Total payable by Tenant to Landlord | $3,659.17 |
Claims and awards for application 5452006 — net $3,659.17 NZD. Verify on MoJ.
Rent arrears
- Amount
- $1,534.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning and rubbish removal
- Amount
- $586.60
- Awarded to
- Landlord
- Reason
- Cleaning and rubbish removal
Lawns and Garden work
- Amount
- $111.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Repairs – hole in toilet door, washing line, holes in stairway wall, pelmet repair
- Amount
- $2,359.57
- Awarded to
- Landlord
- Reason
- Repairs – hole in toilet door, washing line, holes in stairway wall, pelmet repair
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,659.17
Total payable by Tenant to Landlord
Landlord $3,659.17
Claim types — money lines allowed on this order
Order
- Leon Rye must pay Napier City Council $3,659.17 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $960.00 (BN-10086967) to Napier City Council immediately.
Reasons
- This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link provided and nor did he ring in to the hearing as directed in the Notice of Hearing sent to him. Neither of the two calls I made to the telephone number provided for him were answered and so the hearing proceeded in his absence.
- The landlord has applied for rent arrears, compensation, payment 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 25 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy - $1,534.00. The last payment of rent was $330.00 made on 27 January 2026.
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 photographs show that the tenant did not leave the premises reasonably clean and tidy, and left behind a considerable amount of rubbish.
- The lawns also had not been mown for some time.
- The amounts ordered to remedy these issues 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.
- 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.
- I accept the evidence which shows that during the tenancy the following damage occurred: (a) Hole in toilet door; and (b) Holes in stairway wall; and (c) Damage to pelmet; and (d) Damage to washing line.
- The amount ordered to remedy all of these issues is proved. Filing fee reimbursement
- I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with their claim against him. C ter Haar 11 June 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5452006?
The tribunal order states: Leon Rye must pay Napier City Council $3,659.17 immediately, calculated as
How much money was awarded in case 5452006?
Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $111.00 awarded to landlord; Property Damage: $2,359.57 awarded to landlord; Rent Arrears: $1,534.00 awarded to landlord; Rubbish Removal: $586.60 awarded to landlord
What type of tenancy dispute was case 5452006?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5452006?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13737589-Tenancy_Tribunal_Order.pdf.