What was Tenancy Tribunal case 5504212 about?

The tribunal order states: [The tenant/s] to pay Eves Realty Limited As Agent For Tesoro Trust

How much money was awarded in case 5504212?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5504212?

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

Where can I read the official tribunal order for case 5504212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13857096-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5504212 about?

The tribunal order states: [The tenant/s] to pay Eves Realty Limited As Agent For Tesoro Trust

How much money was awarded in case 5504212?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5504212?

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

Where can I read the official tribunal order for case 5504212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13857096-Tenancy_Tribunal_Order.pdf.

8A Beech Place, Owhata, Rotorua 3010 Tenancy Tribunal Case 5504212 — Rent arrears

Order

[The tenant/s] to pay Eves Realty Limited As Agent For Tesoro Trust $6,266.69 immediately, calculated as follows: DescriptionAmount awarded Rent arrears to 8 April 2026$3,417.14 Rekeying$187.46 Initial cleaning$161.00 Window repairs$288.57 Rubbish removal$805.00 Laundry door replacement$1,001.52 Cleaning of fridge and kitchen$350.00 Application fee relating to Order 5446431$28.00 Filing fee for this application$28.00 Total$6,266.69

Reasons

The landlord attended the hearing and gave evidence in support of the application.
The landlord has applied for rent arrears, compensation for breaches of the Tenant’s end-of-tenancy obligations, compensation for damage to the premises, and reimbursement of application fees following the end of the tenancy.

How much is owed for rent?

The landlord provided a rent summary recording the rental history, the rent falling due, the payments received, and the running balance of arrears. The records prove that rent arrears of $3,417.14 were owing as at 8 April 2026.
The landlord confirmed that no further payments had been received by the date of the hearing, 20 July 2026. I therefore order payment of the rent arrears of $3,417.14.

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 the tenant’s benefit. See section 40(1)(e)(ii)–(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The landlord’s photographs, invoices and oral evidence prove the following reasonable costs: a. Rekeying because the keys were not returned: $187.46; b. Initial cleaning: $161.00; and c. Rubbish removal: $805.00.
The landlord also claimed $1,205.00 for cleaning the fridge and kitchen. The landlord’s evidence was that the electricity supply to the premises had been disconnected, the contents of the fridge had decomposed, and blood or other liquid had leaked through the kitchen floor.
Some additional cleaning expense was established. However, the invoice did not provide a breakdown of the work undertaken or adequately distinguish this work from the separately claimed initial cleaning. The precise extent of the recoverable work was therefore unclear.
The landlord was also required to take reasonable steps to mitigate the loss. The landlord could have acted more promptly to seek an expedited abandonment order, obtain possession of the premises, and remove the contents of the fridge before the condition deteriorated further.
Taking into account the evidence, the absence of a detailed breakdown, the overlap with the other cleaning claim, and the landlord’s obligation to mitigate loss, I award $350.00 for cleaning the fridge and kitchen. The balance of that claim is dismissed.

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 that 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: s 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where the damage is careless and occurs after 27 August 2019, section 49B applies. If the landlord becomes aware of the damage after 27 August 2019, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where 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) Residential Tenancies Act 1986.
Where 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. 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 sections 49B(3)(b) and 49B(3A)(a) Residential Tenancies Act 1986.
Tenants are liable for the cost of repairing damage that is intentional or results from an activity at the premises that is an imprisonable offence. This applies to anything done by the tenant and anything done by a person for whom the tenant is responsible. See section 49B(1) Residential Tenancies Act 1986.
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 landlord’s photographs, description of the damage, invoices and oral evidence prove that the following damage occurred during the tenancy and was more than fair wear and tear: a. Damage to the windows, requiring repairs costing $288.57; and b. Damage to the laundry door, requiring replacement at a cost of $1,001.52.
The tenant has not disproved liability for that damage. The amounts claimed are proved and are reasonable.
I have taken into account betterment and depreciation. The landlord should be returned to the position the landlord would have been in had the tenant not breached the tenancy agreement and should not be placed in a better position. In assessing the awards, I have taken into account the available evidence concerning the age and condition of the damaged items and their likely useful lifespan. Application fees
The landlord incurred an application fee of $28.00 in relation to the proceeding resulting in Order 5446431. That expense was reasonably incurred as a consequence of the tenant’s breaches, and reimbursement is ordered.
Because the landlord has substantially succeeded in this application, the tenant must also reimburse the landlord for the present filing fee of $28.00.

Tenancy Tribunal case 5504212 — Rent arrears at 8A Beech Place, Owhata, Rotorua 3010

Tenancy Tribunal case 5504212 — Rent arrears at 8A Beech Place, Owhata, Rotorua 3010

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management