What was Tenancy Tribunal case 5480489 about?

The tribunal order states: Tylah Sayer and Kereti Hino-Marino must pay Rentals 4 You Limited $1,923.60

How much money was awarded in case 5480489?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $332.92 awarded to landlord; Rent Arrears: $1,148.59 awarded to landlord; Property Damage: $114.89 awarded to landlord; Property Damage: $1,012.00 awarded to landlord; Rubbish Removal: $623.00 awarded to landlord; Water Rates: $264.20 awarded to landlord

What type of tenancy dispute was case 5480489?

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

Where can I read the official tribunal order for case 5480489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13637471-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5480489 about?

The tribunal order states: Tylah Sayer and Kereti Hino-Marino must pay Rentals 4 You Limited $1,923.60

How much money was awarded in case 5480489?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $332.92 awarded to landlord; Rent Arrears: $1,148.59 awarded to landlord; Property Damage: $114.89 awarded to landlord; Property Damage: $1,012.00 awarded to landlord; Rubbish Removal: $623.00 awarded to landlord; Water Rates: $264.20 awarded to landlord

What type of tenancy dispute was case 5480489?

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

Where can I read the official tribunal order for case 5480489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13637471-Tenancy_Tribunal_Order.pdf.

47 Thompson Terrace, Toi Toi, Nelson 7010 Tenancy Tribunal Case 5480489 — Property damage

Claims and awards in Tenancy Tribunal application 5480489 — net $1,923.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,148.59	Rent arrears
Carpet Cleaning	$400.00	Carpet Cleaning
Water rates	$264.20	Water rates
Lock/key replacement	$332.92	Lock/key replacement
Rubbish removal	$623.00	Rubbish removal
Repairs: Holes/damage to walls (20% reduced	$1,012.00	Repairs: Holes/damage to walls (20% reduced
Repairs: Carpet - cat damage (70% reduced	$114.89	Repairs: Carpet - cat damage (70% reduced
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,923.60
Total payable by Tenant to Landlord	$1,923.60

Order

Tylah Sayer and Kereti Hino-Marino must pay Rentals 4 You Limited $1,923.60 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (BN-16181402) to Rentals 4 You Limited immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
This was a long tenancy of almost eight years.
The claim for door repair was withdrawn at the hearing.

How much is owed for rent and water rates?

The tenancy ended on 18 February 2026 by landlord notice. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered. The final rent arrears ordered was reduced by proceeds from selling some abandoned items.

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 did not leave the carpet reasonably clean and tidy, and did not remove all rubbish. The landlord provided invoices and photos that support each, being $400.00 for carpet cleaning and $623.00 for rubbish removal.
The tenant did not return the keys. The landlord provided an invoice for $332.92 for replacing these. This is awarded.
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 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: a. Walls – dents and holes. There were a number of dents or holes in a number of walls. Some had been partially repaired by the tenant but required finishing by the contractor. Others required a full repair. One area of damage was caused by a door handle from a door that had no stopper installed. That, and pre-existing wall damage as shown in the entry photos, means I do not consider the full invoice cost of $1,265.00 should be a tenant liability. I have reduced the compensation to what is considered reasonable, being 20% discount. That leaves the tenant liable for $1,012.00 of the cost of repairs as evidenced in the invoice and photos. b. Carpet repairs. The tenants had two cats. The exit photos show areas of cat scratching to areas of carpet that required patching with carpet the landlord had at hand. However, the entry photos show a number of these areas repaired were already frayed or exposed. The repair invoice presented was for $382.92. Having considered the entry condition and age of the carpet, but allowing for obvious deterioration since, I have awarded the landlord 30% of that invoice as tenant liability. This equates to $114.89.
The damage is more than fair wear and tear, and 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 considering depreciation, I have taken into account the age and condition of the walls and carpet at the start of the tenancy and their likely useful lifespan. Exemplary damages
The landlord sought exemplary damages per s 40(2)(b) Residential Tenancies Act 198, claiming the tenant used the premises, or permitted the premises to be used, for any unlawful purpose.
The claim is based on a tin-foil lined container that was partially-obscured during the tenancy and discovered at vacate. The landlord had noticed the area during the tenancy but not inspected. Apart for the tin-foil lining, there is no evidence of any specific use of the area for unlawful purposes and it is speculative only as to its intended, or actual, use. The police were advised of the discovery but have taken no action.
I do not find any unlawful act has been proven and I dismiss the claim. Filing fee
Because Rentals 4 You Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5480489 — net $1,923.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,148.59	Rent arrears
Carpet Cleaning	$400.00	Carpet Cleaning
Water rates	$264.20	Water rates
Lock/key replacement	$332.92	Lock/key replacement
Rubbish removal	$623.00	Rubbish removal
Repairs: Holes/damage to walls (20% reduced	$1,012.00	Repairs: Holes/damage to walls (20% reduced
Repairs: Carpet - cat damage (70% reduced	$114.89	Repairs: Carpet - cat damage (70% reduced
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,923.60
Total payable by Tenant to Landlord	$1,923.60

Order

Tylah Sayer and Kereti Hino-Marino must pay Rentals 4 You Limited $1,923.60 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (BN-16181402) to Rentals 4 You Limited immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
This was a long tenancy of almost eight years.
The claim for door repair was withdrawn at the hearing.

How much is owed for rent and water rates?

The tenancy ended on 18 February 2026 by landlord notice. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered. The final rent arrears ordered was reduced by proceeds from selling some abandoned items.

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 did not leave the carpet reasonably clean and tidy, and did not remove all rubbish. The landlord provided invoices and photos that support each, being $400.00 for carpet cleaning and $623.00 for rubbish removal.
The tenant did not return the keys. The landlord provided an invoice for $332.92 for replacing these. This is awarded.
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 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: a. Walls – dents and holes. There were a number of dents or holes in a number of walls. Some had been partially repaired by the tenant but required finishing by the contractor. Others required a full repair. One area of damage was caused by a door handle from a door that had no stopper installed. That, and pre-existing wall damage as shown in the entry photos, means I do not consider the full invoice cost of $1,265.00 should be a tenant liability. I have reduced the compensation to what is considered reasonable, being 20% discount. That leaves the tenant liable for $1,012.00 of the cost of repairs as evidenced in the invoice and photos. b. Carpet repairs. The tenants had two cats. The exit photos show areas of cat scratching to areas of carpet that required patching with carpet the landlord had at hand. However, the entry photos show a number of these areas repaired were already frayed or exposed. The repair invoice presented was for $382.92. Having considered the entry condition and age of the carpet, but allowing for obvious deterioration since, I have awarded the landlord 30% of that invoice as tenant liability. This equates to $114.89.
The damage is more than fair wear and tear, and 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 considering depreciation, I have taken into account the age and condition of the walls and carpet at the start of the tenancy and their likely useful lifespan. Exemplary damages
The landlord sought exemplary damages per s 40(2)(b) Residential Tenancies Act 198, claiming the tenant used the premises, or permitted the premises to be used, for any unlawful purpose.
The claim is based on a tin-foil lined container that was partially-obscured during the tenancy and discovered at vacate. The landlord had noticed the area during the tenancy but not inspected. Apart for the tin-foil lining, there is no evidence of any specific use of the area for unlawful purposes and it is speculative only as to its intended, or actual, use. The police were advised of the discovery but have taken no action.
I do not find any unlawful act has been proven and I dismiss the claim. Filing fee
Because Rentals 4 You Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5480489 — Property damage at 47 Thompson Terrace, Toi Toi, Nelson 7010

At a glance

Tenancy Tribunal case 5480489 — Property damage at 47 Thompson Terrace, Toi Toi, Nelson 7010

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

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

Frequently asked questions