What was Tenancy Tribunal case 5455666 about?

The tribunal order states: [The tenant/s] must pay Inspire Property

How much money was awarded in case 5455666?

Cleaning: $225.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Rent Arrears: $428.57 awarded to landlord; Aluminum window latches (double) lou…: $280.24 awarded to landlord; Garage Door: $649.75 awarded to landlord; Rubbish Removal: $408.25 awarded to landlord

What type of tenancy dispute was case 5455666?

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

Where can I read the official tribunal order for case 5455666?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13845985-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5455666 about?

The tribunal order states: [The tenant/s] must pay Inspire Property

How much money was awarded in case 5455666?

Cleaning: $225.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Rent Arrears: $428.57 awarded to landlord; Aluminum window latches (double) lou…: $280.24 awarded to landlord; Garage Door: $649.75 awarded to landlord; Rubbish Removal: $408.25 awarded to landlord

What type of tenancy dispute was case 5455666?

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

Where can I read the official tribunal order for case 5455666?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13845985-Tenancy_Tribunal_Order.pdf.

217 Regent Street, Heidelberg, Invercargill 9812 Tenancy Tribunal Case 5455666 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5455666 — net $226.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2025	$428.57	Rent arrears to 26 November 2025
Repairs: Aluminum window latches (double) lounge	$280.24	Repairs: Aluminum window latches (double) lounge
Repairs: Garage door	$649.75	Repairs: Garage door
Cleaning: Whole house and oven	$225.00	Cleaning: Whole house and oven
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$408.25	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$226.81
Total payable by Tenant to Landlord	$226.81

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 26 November 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 27 February 2026.

Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.

The notice of hearing and other evidence provided by the landlord has been served on the tenant to the email address for service provided on the tenancy agreement. I am satisfied that the notice and/or other document has been served on the tenant in accordance with the RTA. How much is owed for rent

The tenancy ended on 26 November 2025. 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or mow the lawns and tidy the yard.

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 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.

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 photographic evidence provided by the landlord proves the following damage was caused during the tenancy because of the tenant’s careless acts or omissions or the careless acts or omissions of persons in the premise with the tenant’s consent: a. Broken garage door; and b. Broken aluminium double window latches in the lounge.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed

Because Inspire Property Management Limited As Agent For Scott Alexander Paterson has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5455666 — net $226.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2025	$428.57	Rent arrears to 26 November 2025
Repairs: Aluminum window latches (double) lounge	$280.24	Repairs: Aluminum window latches (double) lounge
Repairs: Garage door	$649.75	Repairs: Garage door
Cleaning: Whole house and oven	$225.00	Cleaning: Whole house and oven
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$408.25	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$226.81
Total payable by Tenant to Landlord	$226.81

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 26 November 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 27 February 2026.

The tenancy ended on 26 November 2025. 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?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or mow the lawns and tidy the yard.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Inspire Property Management Limited As Agent For Scott Alexander Paterson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5455666 — Property damage at 217 Regent Street, Heidelberg, Invercargill 9812

At a glance

Tenancy Tribunal case 5455666 — Property damage at 217 Regent Street, Heidelberg, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

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

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