Published tribunal order
Tenancy Tribunal case 5464529 — Rent arrears at 46 Puataata Road, Turangi, Turangi 3334
Decided 20 Jul 2026 · Published 20 Jul 2026 · Application 5464529
- Rent arrears
- Property damage
Order
- [The tenant/s] must pay Property Brokers Limited $3,863.60 immediately, calculated as follows: DescriptionAmount Rent arrears$1,822.86 Rubbish removal, skip-bin hire and replacement locks$1,448.96 Damage to the premises$1,147.78 Filing fee for this application$28.00 Previous filing fees$56.00 Total$4,503.60 Minus bond$640.00 Tenant to pay$3,863.60
- Bond Services to pay the bond of $640.00 to Property Brokers Limited immediately.
Reasons
- The Landlord attended the hearing. The Tenant did not.
- The Landlord has applied for rent arrears, compensation, payment 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 23 January 2026. The Landlord provided a rent summary covering the tenancy from its commencement. It establishes that $1,822.86 remained owing when the tenancy ended. That amount is awarded.
Did the Tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy, the Tenant was required to leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for the Tenant’s benefit: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The Tenant left a substantial quantity of rubbish and other items in the house, garage and section. A large skip bin was hired and filled with that rubbish. A contractor was also required to collect the rubbish and place it in the bin.
- The Tenant did not return the entrance keys. The Landlord was required to replace two entrance locks following the Tenant’s eviction, as the house was broken into four times following the tenancy.
- I award: a. skip-bin hire: $878.00; b. removal of rubbish and items: $270.00; and c. replacement of the entrance locks: $300.96.
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 ss 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
- Where damage is careless, and occurs after 27 August 2019, s 49B applies. If the landlord becomes aware of the damage after 27 August 2019, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- Where careless damage is covered by the Landlord’s insurance, the Tenant’s liability is limited to the lesser of the insurance excess or four weeks’ rent. Where the damage is not covered by insurance, liability is limited to four weeks’ rent.
- Tenants are liable for the cost of repairing damage that is intentional or results from an activity at the premises that is an imprisonable offence.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. It also includes conduct undertaken knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
- The evidence establishes that: a. the smoke alarm was missing or damaged and had to be replaced; and b. After the Tenant failed to vacate following termination and was evicted, the premises were broken into on four occasions. The windows were damaged and had to be boarded with 12 mm plywood to secure the premises.
- This was more than fair wear and tear. The Tenant did not attend and has not disproved liability.
- I award: a. replacement smoke alarm: $87.91; and b. boarding the windows: $1,059.87.
- The work was completed and was reasonably required. Tribunal fees
- The Landlord claimed $56.00 for two earlier Tribunal application fees of $28.00 each. I grant those.
- The Landlord is entitled to reimbursement of the filing fee paid for this application.