What was Tenancy Tribunal case 5457511 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As

How much money was awarded in case 5457511?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5457511?

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

Where can I read the official tribunal order for case 5457511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14158211-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5457511 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As

How much money was awarded in case 5457511?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5457511?

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

Where can I read the official tribunal order for case 5457511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14158211-Tenancy_Tribunal_Order.pdf.

19 Karearea Avenue, Owhata, Rotorua 3010 Tenancy Tribunal Case 5457511 — Rent arrears

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] $2,400.00, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (BN-00002284) to Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] immediately.

Reasons

The landlord attended the hearing via remote video conference. The tenants did not join the hearing via the video or telephone link as instructed in the notice of hearing. An attempt was also made to contact the tenants on the telephone numbers provided with the application. Both attempts were unsuccessful.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The claim in respect of wall repairs is withdrawn.

How much is owed for rent?

The tenancy ended on 8 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent evidence I am satisfied that the tenants are responsible for the rent debt.
The claim for rent arrears is proven.

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 landlord claims that the tenants did not leave the premises reasonably clean. The landlord provided entry and exit inspection reports and photographs, along with invoices from Jetvac Carpet Cleaning dated 28 January 2026 and Keen Clean dated 19 January 2026 in support of these claims.
Having carefully considered the evidence I am satisfied that there were areas inside the premises which required further cleaning. I am also satisfied that the carpet required professional cleaning at the end of the tenancy.
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 following damage was caused during the tenancy: damage to kitchen cooktop. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claims that the tenants damaged the kitchen cooktop. The landlord provided entry and exit inspection reports, along with a detailed photograph of the cooktop showing noticeable damage to the left side of the ceramic surface.
I have also sighted an email from the NZI insurance broker confirming the excess amount of $500.00 deducted from the insurance money received for the damage claim.
I am satisfied that the tenants are responsible for the damage and are liable for the insurance excess as claimed.
The claim is established.
Because Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] $2,400.00, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (BN-00002284) to Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] immediately.

Reasons

The landlord attended the hearing via remote video conference. The tenants did not join the hearing via the video or telephone link as instructed in the notice of hearing. An attempt was also made to contact the tenants on the telephone numbers provided with the application. Both attempts were unsuccessful.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The claim in respect of wall repairs is withdrawn.

How much is owed for rent?

The tenancy ended on 8 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent evidence I am satisfied that the tenants are responsible for the rent debt.
The claim for rent arrears is proven.

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 landlord claims that the tenants did not leave the premises reasonably clean. The landlord provided entry and exit inspection reports and photographs, along with invoices from Jetvac Carpet Cleaning dated 28 January 2026 and Keen Clean dated 19 January 2026 in support of these claims.
Having carefully considered the evidence I am satisfied that there were areas inside the premises which required further cleaning. I am also satisfied that the carpet required professional cleaning at the end of the tenancy.
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 following damage was caused during the tenancy: damage to kitchen cooktop. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claims that the tenants damaged the kitchen cooktop. The landlord provided entry and exit inspection reports, along with a detailed photograph of the cooktop showing noticeable damage to the left side of the ceramic surface.
I have also sighted an email from the NZI insurance broker confirming the excess amount of $500.00 deducted from the insurance money received for the damage claim.
I am satisfied that the tenants are responsible for the damage and are liable for the insurance excess as claimed.
The claim is established.
Because Eves Realty Limited As Agent For Manawa Gardens C/[The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5457511 — Rent arrears at 19 Karearea Avenue, Owhata, Rotorua 3010

Tenancy Tribunal case 5457511 — Rent arrears at 19 Karearea Avenue, Owhata, Rotorua 3010

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.

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?

Property management

Reduce avoidable tribunal risk with proper tenant checks.