What was Tenancy Tribunal case 5452213 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Rj Homes Group Limited As

How much money was awarded in case 5452213?

Cleaning: $172.50 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $102.00 awarded to landlord; Rent Arrears: $1,790.00 awarded to landlord; Bathroom Wall: $60.00 awarded to landlord; Bedroom 1 Door: $150.00 awarded to landlord; Bedroom 1 Security Stay: $65.00 awarded to landlord; Bedroom 2 Walls: $250.00 awarded to landlord; Front Gate, Fence And Latch: $120.00 awarded to landlord; Rubbish Removal: $960.30 awarded to landlord

What type of tenancy dispute was case 5452213?

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

Where can I read the official tribunal order for case 5452213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13686889-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5452213 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Rj Homes Group Limited As

How much money was awarded in case 5452213?

Cleaning: $172.50 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $102.00 awarded to landlord; Rent Arrears: $1,790.00 awarded to landlord; Bathroom Wall: $60.00 awarded to landlord; Bedroom 1 Door: $150.00 awarded to landlord; Bedroom 1 Security Stay: $65.00 awarded to landlord; Bedroom 2 Walls: $250.00 awarded to landlord; Front Gate, Fence And Latch: $120.00 awarded to landlord; Rubbish Removal: $960.30 awarded to landlord

What type of tenancy dispute was case 5452213?

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

Where can I read the official tribunal order for case 5452213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13686889-Tenancy_Tribunal_Order.pdf.

7 Alice Place, Levin, Levin 5510 Tenancy Tribunal Case 5452213 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5452213 — net $2,022.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,790.00	Rent arrears
Lock/key replacement	$102.00	Lock/key replacement
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$285.00	Cleaning
Rubbish removal	$960.30	Rubbish removal
Repairs: Bedroom 1 door	$150.00	Repairs: Bedroom 1 door
Repairs: Bedroom 1 security stay	$65.00	Repairs: Bedroom 1 security stay
Repairs: Bedroom 2 walls	$250.00	Repairs: Bedroom 2 walls
Repairs: Bathroom wall	$60.00	Repairs: Bathroom wall
Repairs: Front gate, fence and latch	$120.00	Repairs: Front gate, fence and latch
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,022.80
Total payable by Tenant to Landlord	$2,022.80

[The tenant/s] and [The tenant/s] must pay Rj Homes Group Limited As Agent For Deadman Family Trust $2,022.80 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,960.00 (BN-00001691) to Rj Homes Group Limited As Agent For Deadman Family Trust immediately. DescriptionLandlord Rent arrears$1,790.00 Lock/key replacement$102.00 Carpet Cleaning$172.50 Cleaning$285.00 Rubbish removal$960.30 Repairs: Bedroom 1 door$150.00 Repairs: Bedroom 1 security stay$65.00 Repairs: Bedroom 2 walls$250.00 Repairs: Bathroom wall$60.00 Repairs: Front gate, fence and latch$120.00 Filing fee reimbursement$28.00 Total award$3,982.80 Bond$1,960.00 Total payable by Tenant to Landlord$2,022.80

Reasons

The 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?

The tenancy ended on 28 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what they wanted, made no attempt to clean and left a substantial amount of rubbish and discarded items behind.

The tenant did not return the keys.

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.

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: a. The door to bedroom 1 was damaged. b. The security stay to a window in bedroom 1 was broken. c. There was a hole in the wall and there was drawing on the wall of bedroom 2. d. There was a hole in the wall in the bathroom. e. The front fence, gate and latch required repair as panels had been removed but not reattached securely or in a tradesmanlike manner.

From its nature and extent, the damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have considered 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. After the repairs there is no element of betterment and nor is it necessary to deduct any amount for depreciation. I am satisfied that the landlord’s repairs have returned the property to the same state it was in prior to the damage occurring.

The amounts ordered are proved.

Because Rj Homes Group Limited As Agent For Deadman Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5452213 — net $2,022.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,790.00	Rent arrears
Lock/key replacement	$102.00	Lock/key replacement
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$285.00	Cleaning
Rubbish removal	$960.30	Rubbish removal
Repairs: Bedroom 1 door	$150.00	Repairs: Bedroom 1 door
Repairs: Bedroom 1 security stay	$65.00	Repairs: Bedroom 1 security stay
Repairs: Bedroom 2 walls	$250.00	Repairs: Bedroom 2 walls
Repairs: Bathroom wall	$60.00	Repairs: Bathroom wall
Repairs: Front gate, fence and latch	$120.00	Repairs: Front gate, fence and latch
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,022.80
Total payable by Tenant to Landlord	$2,022.80

Order

[The tenant/s] and [The tenant/s] must pay Rj Homes Group Limited As Agent For Deadman Family Trust $2,022.80 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,960.00 (BN-00001691) to Rj Homes Group Limited As Agent For Deadman Family Trust immediately. DescriptionLandlord Rent arrears$1,790.00 Lock/key replacement$102.00 Carpet Cleaning$172.50 Cleaning$285.00 Rubbish removal$960.30 Repairs: Bedroom 1 door$150.00 Repairs: Bedroom 1 security stay$65.00 Repairs: Bedroom 2 walls$250.00 Repairs: Bathroom wall$60.00 Repairs: Front gate, fence and latch$120.00 Filing fee reimbursement$28.00 Total award$3,982.80 Bond$1,960.00 Total payable by Tenant to Landlord$2,022.80

Reasons

The 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?

The tenancy ended on 28 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what they wanted, made no attempt to clean and left a substantial amount of rubbish and discarded items behind.
The tenant did not return the keys.
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.
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: a. The door to bedroom 1 was damaged. b. The security stay to a window in bedroom 1 was broken. c. There was a hole in the wall and there was drawing on the wall of bedroom 2. d. There was a hole in the wall in the bathroom. e. The front fence, gate and latch required repair as panels had been removed but not reattached securely or in a tradesmanlike manner.
From its nature and extent, the damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered 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. After the repairs there is no element of betterment and nor is it necessary to deduct any amount for depreciation. I am satisfied that the landlord’s repairs have returned the property to the same state it was in prior to the damage occurring.
The amounts ordered are proved.
Because Rj Homes Group Limited As Agent For Deadman Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5452213 — Rent arrears at 7 Alice Place, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5452213 — Rent arrears at 7 Alice Place, Levin, Levin 5510

At a glance

Award balance

Claims & awards

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?

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?

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