What was Tenancy Tribunal case 5454132 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Cutlers Limited $2,657.36 immediately, calculated

How much money was awarded in case 5454132?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,040.71 awarded to landlord; Property Damage: $143.65 awarded to landlord; Rubbish Removal: $113.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord; Rubbish Removal: $192.00 awarded to landlord

What type of tenancy dispute was case 5454132?

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

Where can I read the official tribunal order for case 5454132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14081265-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5454132 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Cutlers Limited $2,657.36 immediately, calculated

How much money was awarded in case 5454132?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,040.71 awarded to landlord; Property Damage: $143.65 awarded to landlord; Rubbish Removal: $113.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord; Rubbish Removal: $192.00 awarded to landlord

What type of tenancy dispute was case 5454132?

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

Where can I read the official tribunal order for case 5454132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14081265-Tenancy_Tribunal_Order.pdf.

38A Hargest Crescent, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 5454132 — Rent arrears

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38A Hargest Crescent, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 5454132 — 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 5454132 — net $2,657.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,040.71	Rent arrears
Rubbish removal: Car	$200.00	Rubbish removal: Car
Rubbish removal	$113.00	Rubbish removal
Rubbish removal: Tip fee	$80.00	Rubbish removal: Tip fee
Rubbish removal: Tip fee	$192.00	Rubbish removal: Tip fee
Repairs: Replace damaged toilet seat	$143.65	Repairs: Replace damaged toilet seat
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,657.36
Total payable by Tenant to Landlord	$2,657.36

Claims and awards for application 5454132 — net $2,657.36 NZD. Verify on MoJ.

Rent arrears

Amount: $3,040.71
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: Car

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal: Car

Rubbish removal

Amount: $113.00
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal: Tip fee

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal: Tip fee

Rubbish removal: Tip fee

Amount: $192.00
Awarded to: Landlord
Reason: Rubbish removal: Tip fee

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Cutlers Limited $2,657.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,140.00 (BN-00009459) to Cutlers Limited immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Team's video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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 11 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is $3,040.71.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided photos of a derelict vehicle that had been left in the carpark. The vehicle had to be removed so that access to the car park could be provided for future tenants. The landlord provided an invoice for the tow costs of $200.00.
Substantial rubbish was required to be removed from the premises. Photos showed full rubbish sacks stacked up outside the premises along with furniture. The landlord provided invoices for the labour required to remove the rubbish and tip fees. The invoices were for $113.00, $80.00 and $192.00.
The amounts ordered are reasonable and are proven.

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. The landlord is insured. The landlord's policy of insurance carries an excess on each and every claim of $1,000.00.
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: the toilet was damaged and had to be replaced. Photos and an invoice for $143.65 we have provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Cutlers Limited has wholly succeeded with the claim I must order the tenant to reimburse 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 5454132 — net $2,657.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,040.71	Rent arrears
Rubbish removal: Car	$200.00	Rubbish removal: Car
Rubbish removal	$113.00	Rubbish removal
Rubbish removal: Tip fee	$80.00	Rubbish removal: Tip fee
Rubbish removal: Tip fee	$192.00	Rubbish removal: Tip fee
Repairs: Replace damaged toilet seat	$143.65	Repairs: Replace damaged toilet seat
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,657.36
Total payable by Tenant to Landlord	$2,657.36

Claims and awards for application 5454132 — net $2,657.36 NZD. Verify on MoJ.

Rent arrears

Amount: $3,040.71
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: Car

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal: Car

Rubbish removal

Amount: $113.00
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal: Tip fee

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal: Tip fee

Rubbish removal: Tip fee

Amount: $192.00
Awarded to: Landlord
Reason: Rubbish removal: Tip fee

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Cutlers Limited $2,657.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,140.00 (BN-00009459) to Cutlers Limited immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Team's video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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 11 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is $3,040.71.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided photos of a derelict vehicle that had been left in the carpark. The vehicle had to be removed so that access to the car park could be provided for future tenants. The landlord provided an invoice for the tow costs of $200.00.
Substantial rubbish was required to be removed from the premises. Photos showed full rubbish sacks stacked up outside the premises along with furniture. The landlord provided invoices for the labour required to remove the rubbish and tip fees. The invoices were for $113.00, $80.00 and $192.00.
The amounts ordered are reasonable and are proven.

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. The landlord is insured. The landlord's policy of insurance carries an excess on each and every claim of $1,000.00.
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: the toilet was damaged and had to be replaced. Photos and an invoice for $143.65 we have provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Cutlers Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5454132 — Rent arrears at 38A Hargest Crescent, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 5454132 — Rent arrears at 38A Hargest Crescent, Saint Kilda, Dunedin 9012

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.