What was Tenancy Tribunal case 5458609 about?

The tribunal order states: [The tenant/s] is to pay [The landlord/s] $1,937.75 from the bond,

How much money was awarded in case 5458609?

Carpet: $500.00 awarded to landlord; Drain Waste: $45.46 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord

What type of tenancy dispute was case 5458609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5458609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13662934-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458609 about?

The tribunal order states: [The tenant/s] is to pay [The landlord/s] $1,937.75 from the bond,

How much money was awarded in case 5458609?

Carpet: $500.00 awarded to landlord; Drain Waste: $45.46 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord

What type of tenancy dispute was case 5458609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5458609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13662934-Tenancy_Tribunal_Order.pdf.

2136 Waihue Road, Mamaranui, RD 2, Dargaville 0372 Tenancy Tribunal Case 5458609 — Rent arrears

Claims and awards in Tenancy Tribunal application 5458609 — net $1,937.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.2.2026	$1,114.29	Rent arrears to 16.2.2026
Lawns and garden work	$250.00	Lawns and garden work
Drain waste	$45.46	Drain waste
Carpet	$500.00	Carpet
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,937.75
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,937.75

Order

[The tenant/s] is to pay [The landlord/s] $1,937.75 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (BN-00137377) immediately apportioned as follows: [The landlord/s]: $1,937.75 [The tenant/s]: $662.25 5458609 2

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties attended the hearing, which was conducted by video/teleconference. Ms Healy, the landlord’s mother and representative, also attended.
The name of the applicant/landlord is amended, as above, from ‘Mackys Real Estate as agent for [The landlord/s],’ to the landlord/owner, [The landlord/s]. Ms Healy explained at the hearing that she had completed the application on behalf of Mr Fletcher. Mackys Real Estate, the previous property management company, has been recorded in error as the agent acting on behalf of Mr Fletcher. Mr Fletcher is clear in his evidence that Mackys Real Estate no longer acts for him. After the hearing, the landlord provided evidence to show that the application was filed by Ms Healy on behalf of Mr Fletcher, who will be referred to as the landlord in this order.
This tenancy began on 28 August 2025 and ended on 16 February 2026.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records showing rent from the start of the tenancy to the end. The landlord claims rent arrears of $1,114.29 and confirmed that its records were correct. The tenant accepts that she was in arrears, but says she was confused about the rent summary, and believed she was in arrears by one week (rather than almost two weeks). She agreed that the arrears could be taken from the bond.
In the absence of persuasive evidence from the tenant, I find the landlord has established the rent arrears sought, which is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims for lawnmowing/gardening, locksmith’s charges, and a missing shower drain waste. The landlord has produced evidence, including photographs showing the condition of the premises. This evidence establishes that the lawns had become overgrown and needed mowing, and there was further gardening work required. The tenant agrees that the lawns and garden needed 5458609 3 work at the end of the tenancy, but does not accept the amount of $336.00 claimed by the landlord.
Taking into account the evidence provided, it is accepted that lawnmowing and gardening work was required at the end of the tenancy. Noting that the invoice/statement provided by the landlord included time spent on other work at the property (which are not claimed), $250.00 is considered reasonable compensation for lawnmowing and gardening.
The landlord claims $460.00 for the cost of changing the locks, stating that the key for the garage and ranch slider were not returned. The property manager informed them that she only had her set of keys. However, it is the tenant’s evidence that she returned all the keys. She said that when she left, she locked the house and left the keys inside the property, on the shelf.
In the circumstances, it seems there has been some miscommunication about the location of the keys. I accept the tenant left them at the property. The landlord was unsure whether the locksmith’s costs ought to be claimed from the tenant. I find that the tenant is not liable, and therefore, it is dismissed.
The shower drain cap was missing at the end of the tenancy and had to be replaced. Although the tenant believes it was left at the property, it should have been placed in the shower when the tenancy ended. Therefore, the tenant will be liable for it, and the amount sought of $45.46 is awarded above. Compensation for damage Legal framework
The landlord claims compensation for damage. To be successful, 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 of the 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) of the 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) of the RTA. Where insurance money is irrecoverable because of the 5458609 4 tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Carpet
The landlord claims $1,510.00 for replacement of the lounge carpet. The landlord states replacement was required because of dog urine on the carpet, noting there was a strong odour, as recorded in the property manager’s report. The relevant invoices have been provided, noting two separate invoices were issued. The landlord states that only one dog was allowed under the tenancy agreement, but the tenant kept many puppies in the house. Insurance was approached, but they declined the claim, because it was animal-related damage. The carpet was around 7 to 8 years old.
The tenant acknowledges keeping puppies on the premises. There were altogether 8 puppies. She does not accept that there was urine in the carpet.
While acknowledging the tenant’s evidence, overall, from the photographic, oral and documentary evidence produced by the landlord, I am satisfied that the carpet damage, from dog urine, was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Having considered the evidence produced by the landlord, I find that, due to the extent of the damage, the tenant is liable for replacement of the carpet. As the carpet was 7 - 8 years old, the amount awarded is reduced, and the landlord is awarded the depreciated amount of $500.00. 5458609 5 Filing fee and name suppression
Because the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee.
Neither party seeks name suppression.

Claims and awards in Tenancy Tribunal application 5458609 — net $1,937.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.2.2026	$1,114.29	Rent arrears to 16.2.2026
Lawns and garden work	$250.00	Lawns and garden work
Drain waste	$45.46	Drain waste
Carpet	$500.00	Carpet
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,937.75
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,937.75

Order

[The tenant/s] is to pay [The landlord/s] $1,937.75 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (BN-00137377) immediately apportioned as follows: [The landlord/s]: $1,937.75 [The tenant/s]: $662.25 5458609 2

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties attended the hearing, which was conducted by video/teleconference. Ms Healy, the landlord’s mother and representative, also attended.
The name of the applicant/landlord is amended, as above, from ‘Mackys Real Estate as agent for [The landlord/s],’ to the landlord/owner, [The landlord/s]. Ms Healy explained at the hearing that she had completed the application on behalf of Mr Fletcher. Mackys Real Estate, the previous property management company, has been recorded in error as the agent acting on behalf of Mr Fletcher. Mr Fletcher is clear in his evidence that Mackys Real Estate no longer acts for him. After the hearing, the landlord provided evidence to show that the application was filed by Ms Healy on behalf of Mr Fletcher, who will be referred to as the landlord in this order.
This tenancy began on 28 August 2025 and ended on 16 February 2026.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records showing rent from the start of the tenancy to the end. The landlord claims rent arrears of $1,114.29 and confirmed that its records were correct. The tenant accepts that she was in arrears, but says she was confused about the rent summary, and believed she was in arrears by one week (rather than almost two weeks). She agreed that the arrears could be taken from the bond.
In the absence of persuasive evidence from the tenant, I find the landlord has established the rent arrears sought, which is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims for lawnmowing/gardening, locksmith’s charges, and a missing shower drain waste. The landlord has produced evidence, including photographs showing the condition of the premises. This evidence establishes that the lawns had become overgrown and needed mowing, and there was further gardening work required. The tenant agrees that the lawns and garden needed 5458609 3 work at the end of the tenancy, but does not accept the amount of $336.00 claimed by the landlord.
Taking into account the evidence provided, it is accepted that lawnmowing and gardening work was required at the end of the tenancy. Noting that the invoice/statement provided by the landlord included time spent on other work at the property (which are not claimed), $250.00 is considered reasonable compensation for lawnmowing and gardening.
The landlord claims $460.00 for the cost of changing the locks, stating that the key for the garage and ranch slider were not returned. The property manager informed them that she only had her set of keys. However, it is the tenant’s evidence that she returned all the keys. She said that when she left, she locked the house and left the keys inside the property, on the shelf.
In the circumstances, it seems there has been some miscommunication about the location of the keys. I accept the tenant left them at the property. The landlord was unsure whether the locksmith’s costs ought to be claimed from the tenant. I find that the tenant is not liable, and therefore, it is dismissed.
The shower drain cap was missing at the end of the tenancy and had to be replaced. Although the tenant believes it was left at the property, it should have been placed in the shower when the tenancy ended. Therefore, the tenant will be liable for it, and the amount sought of $45.46 is awarded above. Compensation for damage Legal framework
The landlord claims compensation for damage. To be successful, 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 of the 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) of the 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) of the RTA. Where insurance money is irrecoverable because of the 5458609 4 tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Carpet
The landlord claims $1,510.00 for replacement of the lounge carpet. The landlord states replacement was required because of dog urine on the carpet, noting there was a strong odour, as recorded in the property manager’s report. The relevant invoices have been provided, noting two separate invoices were issued. The landlord states that only one dog was allowed under the tenancy agreement, but the tenant kept many puppies in the house. Insurance was approached, but they declined the claim, because it was animal-related damage. The carpet was around 7 to 8 years old.
The tenant acknowledges keeping puppies on the premises. There were altogether 8 puppies. She does not accept that there was urine in the carpet.
While acknowledging the tenant’s evidence, overall, from the photographic, oral and documentary evidence produced by the landlord, I am satisfied that the carpet damage, from dog urine, was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Having considered the evidence produced by the landlord, I find that, due to the extent of the damage, the tenant is liable for replacement of the carpet. As the carpet was 7 - 8 years old, the amount awarded is reduced, and the landlord is awarded the depreciated amount of $500.00. 5458609 5 Filing fee and name suppression
Because the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee.
Neither party seeks name suppression.

Tenancy Tribunal case 5458609 — Rent arrears at 2136 Waihue Road, Mamaranui, RD 2, Dargaville 0372

At a glance

Tenancy Tribunal case 5458609 — Rent arrears at 2136 Waihue Road, Mamaranui, RD 2, Dargaville 0372

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions