Published tribunal order
Tenancy Tribunal case 5491533 — Cleanliness at 14 Wrigley Road, Fordlands, Rotorua 3015
Decided 6 Jul 2026 · Published 6 Jul 2026 · Application 5491533
- Cleanliness
Order
- Tesha Lee Waiwera, Destine Waiwera (a.k.a. Destine Macnamara-Te Iri) to pay Inspire Property Management Limited As The Agent For Sriram Tadinada And [The landlord/s] / S And S Tadinada Investment Limited $5,762.91 immediately, calculated as follows: DescriptionAmount Rent and water rates owing to 16 April 2026$6,398.57 Power reconnection fee$95.00 Cleaning$710.00 Rubbish removal$276.00 Re-keying$414.55 Reglazing broken entrance door windowpane$208.35 Filing fee reimbursement$20.44 Total awards$8,122.91 Less bond held-$2,360.00 Total tenant to pay$5,762.91
- Bond Centre to pay the full bond of $2,360.00 to Inspire Property Management Limited As The Agent For Sriram Tadinada And [The landlord/s] / S And S Tadinada Investment Limited immediately.
Reasons
- The 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 16 April 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $6,398.57
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 tenant did not return the keys.
- The tenant did not pay for power, resulting in power disconnection, requiring the Landlord to pay a reconnection fee.
- I award the following: a. Power reconnection fee: $95.00. b. Cleaning (based on invoice and Landlord’s photographs and oral evidence): $710.00 c. Rubbish removal (based on invoice and Landlord’s photographs and oral evidence): $276.00 d. Re key (based on invoice) $414.55
- I approve these amounts.
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.
- A windowpane at the entrance door was broken during the tenancy. The Landlord says it was not broken at the start of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I award $208.35 for reglazing.
- 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 items at the start of the tenancy and their likely useful lifespan.