Published tribunal order
Tenancy Tribunal case 5517277 — Rent arrears at 5 Yeats Crescent, Fairfield, Hamilton 3214
Decided 13 Aug 2026 · Published 13 Aug 2026 · Application 5517277
- Rent arrears
- Property damage
Order
- [The tenant/s] tenant/s] must pay Utrust Property Management Limited As The Agent For Zhe Ren $2,373.18 immediately, calculated as shown in table below.
Reasons
- The landlord represented by Ms Liang attended the hearing. The tenant did not attend. The tenant has been served notice in accordance with the Residential Tenancies Act, 1986, (the “RTA”). The hearing was conducted in the tenant’s absence.
- 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 6 May 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,641.43.
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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord provided photographs that show the premises at the end of the tenancy. The tenant left a large amount of rubbish and discarded belongings in the house, in the garage and in the yard. The landlord provided invoices in support of their claims for rubbish removal.
- The landlord provided photographs which show the lawn to be very overgrown at the end of the tenancy. The landlord said that following a heavy mow, the lawn needed reseeding.
- The landlord claims that at the end of the tenancy an ONT cord was missing and two light bulbs needed replacing.
- The claims and 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.
- 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 landlord provided photographs which show the floor in the kitchen and living room, and two windowsills in a bedroom to have been significantly scratched by a dog. The tenant was responsible for her pet’s actions. The damage is foreseeable. I therefore consider the damage to be intentional damage.
- These claims are proved.
- The landlord also said the walls were damaged. The photographs provided by the landlord show a small chip of paint from a doorframe. I consider this to be no more than fair wear and tear.
- This claim is not proved.
- The landlord said that four sets of curtains were missing at the end of the tenancy. The curtains were new at the start of the tenancy. The landlord provided an invoice for $350.00 for the replacement curtains.
- This claim is proved.
- I must take 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.
- The amounts ordered are proved.
- Because Utrust Property Management Limited As The Agent For Zhe Ren has substantially succeeded with the claim I have reimbursed the filing fee.