What was Tenancy Tribunal case 5471377 about?

The tribunal order states: [The tenant/s] must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 5471377?

Cleaning: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $525.00 awarded to landlord; Property Damage: $366.00 awarded to landlord; Rent Arrears: $5,670.00 awarded to landlord; Property Damage: $590.00 awarded to landlord; Painting: $2,520.00 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rubbish Removal: $1,900.00 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord; Rubbish Removal: $598.00 awarded to landlord; Water Rates: $503.02 awarded to landlord

What type of tenancy dispute was case 5471377?

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

Where can I read the official tribunal order for case 5471377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13930994-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5471377 about?

The tribunal order states: [The tenant/s] must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 5471377?

Cleaning: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $525.00 awarded to landlord; Property Damage: $366.00 awarded to landlord; Rent Arrears: $5,670.00 awarded to landlord; Property Damage: $590.00 awarded to landlord; Painting: $2,520.00 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rubbish Removal: $1,900.00 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord; Rubbish Removal: $598.00 awarded to landlord; Water Rates: $503.02 awarded to landlord

What type of tenancy dispute was case 5471377?

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

Where can I read the official tribunal order for case 5471377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13930994-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 16 Taitimu Drive, Weymouth, Auckland Tenancy Tribunal Case 5471377 — Property damage

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Unit/Flat Flat 2, 16 Taitimu Drive, Weymouth, Auckland Tenancy Tribunal Case 5471377 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5471377 — net $13,662.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,670.00	Rent arrears
Water rates	$503.02	Water rates
Cleaning	$747.50	Cleaning
Rubbish removal: and gardening	$1,900.00	Rubbish removal: and gardening
Rubbish removal: Skip bin hire	$485.00	Rubbish removal: Skip bin hire
Rubbish removal: Skip bin hire	$598.00	Rubbish removal: Skip bin hire
Lock/key replacement	$366.00	Lock/key replacement
Pest control	$525.00	Pest control
Repairs: walls and carpet insurance excess x 3	$2,250.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $2,250.00.
Repairs: Painting	$2,520.00	Repairs: Painting
Repairs: Door and wall repairs prior to painting	$590.00	Repairs: Door and wall repairs prior to painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,662.52
Total payable by Tenant to Landlord	$13,662.52

Claims and awards for application 5471377 — net $13,662.52 NZD. Verify on MoJ.

Rent arrears

Amount: $5,670.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $503.02
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: and gardening

Amount: $1,900.00
Awarded to: Landlord
Reason: Rubbish removal: and gardening

Rubbish removal: Skip bin hire

Amount: $485.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bin hire

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

[The tenant/s] must pay Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited $13,662.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (BN-00117310) to Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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 and water rates?

The tenancy ended on 26 February 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,670.00 for rent and $503.02 for water rates.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the premises both at the commencement and end of the tenancy. The premises had been left in an extremely poor state. The photos support the proposition that extensive cleaning, rubbish removal and gardening was required to bring the premises back to a reasonably tidy condition.
The landlord provided copies of invoices for; • Cleaning $747.50 • Mice and cockroach extermination$525.00 • Skip bin hire$598.00 • Skip bin hire$485.00. The amounts claimed are reasonable and are proven.
The landlord provided an invoice for $2,660.00 for rubbish removal and gardening. Having reviewed the photos provided by the landlord, I am not persuaded that the charge is a reasonable amount. The gardens at the commencement of the tenancy were not in good condition. I consider that a reasonable charge for rubbish removal and gardening would be $1,900.00.
The tenant did not return the keys. The landlord provided an invoice from the locksmith for $366.00.
The amounts ordered are proven.

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. The landlord is insured. The landlord's policy of insurance carries an excess of $750.00 on each and every claim.
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;
The interior wall was damaged in many places where photos and pictures had been placed on the wall by the tenant. Upon removing the photos, the varnish on the wall had also been removed. This was a Lockwood style home. The walls had to be revarnished. The carpets in all of the rooms were stained. Two rooms in particular were very badly stained. The landlord has made a claim on his insurance policy for each of these events. The insurer has accepted the claims and has imposed the excess ($750.00) on each of the three claims. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $2,250.00.
Walls in every room have been damaged or drawn on. The landlord has arranged for the premises to be revarnished at a cost of $7,000.00. Photos of the damage and a copy of the invoice were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In assessing the compensation to be awarded, 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 items at the start of the tenancy and their likely useful lifespan. I consider that compensation of $2,520.00 is appropriate.
Prior to painting, repairs had to be carried out to the doors and walls to put them into a condition where they could be varnished. The landlord provided an invoice for $590.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage
As Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5471377 — net $13,662.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,670.00	Rent arrears
Water rates	$503.02	Water rates
Cleaning	$747.50	Cleaning
Rubbish removal: and gardening	$1,900.00	Rubbish removal: and gardening
Rubbish removal: Skip bin hire	$485.00	Rubbish removal: Skip bin hire
Rubbish removal: Skip bin hire	$598.00	Rubbish removal: Skip bin hire
Lock/key replacement	$366.00	Lock/key replacement
Pest control	$525.00	Pest control
Repairs: walls and carpet insurance excess x 3	$2,250.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $2,250.00.
Repairs: Painting	$2,520.00	Repairs: Painting
Repairs: Door and wall repairs prior to painting	$590.00	Repairs: Door and wall repairs prior to painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,662.52
Total payable by Tenant to Landlord	$13,662.52

Claims and awards for application 5471377 — net $13,662.52 NZD. Verify on MoJ.

Rent arrears

Amount: $5,670.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $503.02
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $747.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: and gardening

Amount: $1,900.00
Awarded to: Landlord
Reason: Rubbish removal: and gardening

Rubbish removal: Skip bin hire

Amount: $485.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bin hire

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

[The tenant/s] must pay Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited $13,662.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (BN-00117310) to Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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 and water rates?

The tenancy ended on 26 February 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,670.00 for rent and $503.02 for water rates.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the premises both at the commencement and end of the tenancy. The premises had been left in an extremely poor state. The photos support the proposition that extensive cleaning, rubbish removal and gardening was required to bring the premises back to a reasonably tidy condition.
The landlord provided copies of invoices for; • Cleaning $747.50 • Mice and cockroach extermination$525.00 • Skip bin hire$598.00 • Skip bin hire$485.00. The amounts claimed are reasonable and are proven.
The landlord provided an invoice for $2,660.00 for rubbish removal and gardening. Having reviewed the photos provided by the landlord, I am not persuaded that the charge is a reasonable amount. The gardens at the commencement of the tenancy were not in good condition. I consider that a reasonable charge for rubbish removal and gardening would be $1,900.00.
The tenant did not return the keys. The landlord provided an invoice from the locksmith for $366.00.
The amounts ordered are proven.

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. The landlord is insured. The landlord's policy of insurance carries an excess of $750.00 on each and every claim.
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;
The interior wall was damaged in many places where photos and pictures had been placed on the wall by the tenant. Upon removing the photos, the varnish on the wall had also been removed. This was a Lockwood style home. The walls had to be revarnished. The carpets in all of the rooms were stained. Two rooms in particular were very badly stained. The landlord has made a claim on his insurance policy for each of these events. The insurer has accepted the claims and has imposed the excess ($750.00) on each of the three claims. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $2,250.00.
Walls in every room have been damaged or drawn on. The landlord has arranged for the premises to be revarnished at a cost of $7,000.00. Photos of the damage and a copy of the invoice were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In assessing the compensation to be awarded, 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 items at the start of the tenancy and their likely useful lifespan. I consider that compensation of $2,520.00 is appropriate.
Prior to painting, repairs had to be carried out to the doors and walls to put them into a condition where they could be varnished. The landlord provided an invoice for $590.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage
As Inspire Property Management Limited As Agent For Mark Herbstein / Earth Magic Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5471377 — Property damage at Unit/Flat Flat 2, 16 Taitimu Drive, Weymouth, Auckland

At a glance

Tenancy Tribunal case 5471377 — Property damage at Unit/Flat Flat 2, 16 Taitimu Drive, Weymouth, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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