Published tribunal order
Tenancy Tribunal case 5468669 — Property damage at Unit/Flat Flat 1, 15 Miller Street, Glenholme, Rotorua 3010
Decided 20 Jul 2026 · Published 20 Jul 2026 · Application 5468669
- Property damage
- Rent arrears
Order
- [The tenant/s] must pay Etb Realty Limited As Agent For Gregory & Susan Beardwell $3,706.40 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 18/12/2025 under application 5388722
Reasons
- Only the applicant landlord attended the hearing.
- 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 23/12/2025 The landlord provided rent records and water rates invoices 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. The amount awarded for cleaning is reduced to take account of the “reasonably clean” condition that a tenant must leave a property in. The tenant ran for more than 4 years and a landlord can expect to incur some cleaning cost to return a property to a condition where it can be relet.
- The tenant did not return the keys.
- 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.
- 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: several walls and doors were damaged and the interior part of the heat pump ripped off the wall. The photographs and evidence show that the damage is more than fair wear and tear, and likely to be caused by intentional actions. The tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have taken into account 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 taken into account the age and condition of the heat pump and the surfaces that were repainted, at the start of the tenancy and their likely useful lifespan.
- On 18/12/2025 the Tribunal made an order relating to this tenancy. The previous money order is incorporated into this order for enforcement purposes.
- Because Etb Realty Limited As Agent For Gregory & Susan Beardwell has substantially succeeded with the claim I have reimbursed the filing fee.