What was Tenancy Tribunal case 5482249 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Realty Focus Limited as Agent for Nara

How much money was awarded in case 5482249?

Cleaning: $365.09 awarded to landlord; Cleaning: $534.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $652.90 awarded to landlord; Rent Arrears: $3,509.57 awarded to landlord; Fence removal, restoring original fe…: $2,057.86 awarded to landlord; Property Damage: $2,809.68 awarded to landlord; Water Rates: $251.55 awarded to landlord

What type of tenancy dispute was case 5482249?

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

Where can I read the official tribunal order for case 5482249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14023131-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5482249 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Realty Focus Limited as Agent for Nara

How much money was awarded in case 5482249?

Cleaning: $365.09 awarded to landlord; Cleaning: $534.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $652.90 awarded to landlord; Rent Arrears: $3,509.57 awarded to landlord; Fence removal, restoring original fe…: $2,057.86 awarded to landlord; Property Damage: $2,809.68 awarded to landlord; Water Rates: $251.55 awarded to landlord

What type of tenancy dispute was case 5482249?

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

Where can I read the official tribunal order for case 5482249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14023131-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 9 Mahina Place, Mount Maunganui, Mount Tenancy Tribunal Case 5482249 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5482249 — net $7,489.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fence removal, restoring original fence and repaint	$2,057.86	Repairs: Fence removal, restoring original fence and repaint
Rent arrears	$3,509.57	Rent arrears
Water rates	$251.55	Water rates
Cleaning	$534.75	Cleaning
Carpet Cleaning	$365.09	Carpet Cleaning
Ranch slider repair	$652.90	Ranch slider repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Wall/door repairs/ flooring	$2,809.68	Repairs: Wall/door repairs/ flooring
Net award	$7,489.40
Total payable by Tenant to Landlord	$7,489.40

[The tenant/s] tenant/s] must pay Realty Focus Limited as Agent for Nara Bertoloni & Daniel Vivian $7,489.40 immediately being rent arrears to 18 May 2026, compensation, and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$3,509.57 Water rates$251.55 Cleaning$534.75 Carpet Cleaning$365.09 Ranch slider repair$652.90 Filing fee reimbursement$28.00 Repairs: Fence removal, restoring original fence and repaint $2,057.86 Repairs: Wall/door repairs/ flooring$2,809.68 Total award$10,209.40 Minus Bond-$2,720.00 Total payable by Tenant to Landlord$7,489.40

The Bond Centre is to pay the bond of $2,720.00 (BN-00152072) to Realty Focus Limited as Agent for Nara Bertoloni & Daniel Vivian immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang her twice on her mobile number, but the calls went unanswered. The tenant has been served with the notice of hearing. I am proceeding with the hearing in the absence of the tenant.

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 18 May 2026. The landlord provided rent records and water rates invoices which prove the amount of $3509.57 in rent and $251.55 in water bills owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim form the rent arrears and water bills.

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 landlord provided the Tribunal with detailed inspection reports and photos from the entry and exit inspections.

The exit photos show the property left in a dirty condition with heavy staining of the carpets. The property was not left reasonably clean and tidy.

The landlord has proven invoices for the cost of the cleaning and carpet cleaning needed at the end of the tenancy. I am satisfied that the landlord has proven their claim for the cleaning costs.

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.

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: -Fence damage. -Holes in walls and doors -Broken ranch slider.

The exit inspection photos and report show the damage that has occurred during the tenancy. The landlord has provided invoices for the cost of the work needed to repair the property to a reasonable standard.

The tenant has placed another section of fencing on top of the landlords fencing on the boundary. The landlord has obtained a quote to remove the extra fencing the tenant installed without permission, restore the original fence, and repaint. The quote is for $2057.86. The work will need to be completed to restore the fencing to a good standard.

The ranch slider door was broken, holes put in the doors and walls. The photos show the damage to the landlord’s property. The invoices for the cost of restoring the ranch’s slider window have been provided to the Tribunal and the quote for the work to repair the walls and doors.

I am satisfied that the damage has occurred during this tenancy. I find the landlord has proven their claim for the damages.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Realty Focus Limited as Agent for Nara Bertoloni & Daniel Vivian has wholly succeeded with the claim I must reimburse the filing fee.

The Bond centre is to refund the bond to the landlord immediately.

Order

Claims and awards in Tenancy Tribunal application 5482249 — net $7,489.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fence removal, restoring original fence and repaint	$2,057.86	Repairs: Fence removal, restoring original fence and repaint
Rent arrears	$3,509.57	Rent arrears
Water rates	$251.55	Water rates
Cleaning	$534.75	Cleaning
Carpet Cleaning	$365.09	Carpet Cleaning
Ranch slider repair	$652.90	Ranch slider repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Wall/door repairs/ flooring	$2,809.68	Repairs: Wall/door repairs/ flooring
Net award	$7,489.40
Total payable by Tenant to Landlord	$7,489.40