What was Tenancy Tribunal case 5518001 about?

The tribunal order states: The tenant shall pay the landlord $1,548.00, calculated as follows:

How much money was awarded in case 5518001?

Cleaning: $125.00 awarded to landlord; Missing Chattels: $120.00 awarded to landlord; Property Damage: $395.00 awarded to landlord; Removal And Disposal Of Rubbish And…: $60.00 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Tribunal Application Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5518001?

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

Where can I read the official tribunal order for case 5518001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13904385-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5518001 about?

The tribunal order states: The tenant shall pay the landlord $1,548.00, calculated as follows:

How much money was awarded in case 5518001?

Cleaning: $125.00 awarded to landlord; Missing Chattels: $120.00 awarded to landlord; Property Damage: $395.00 awarded to landlord; Removal And Disposal Of Rubbish And…: $60.00 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Tribunal Application Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5518001?

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

Where can I read the official tribunal order for case 5518001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13904385-Tenancy_Tribunal_Order.pdf.

54 Barnard Road Fairy Springs, Fairy Springs, Rotorua Tenancy Tribunal Case 5518001 — Rent arrears

Claims and awards in Tenancy Tribunal application 5518001. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$820.00	Rent arrears
Cleaning	$125.00	Cleaning
Missing chattels	$120.00	Missing chattels
Damage to the premises and chattels	$395.00	Damage to the premises and chattels
Removal and disposal of rubbish and goods	$60.00	Removal and disposal of rubbish and goods
Tribunal application fee	$28.00	Tribunal application fee

Order

The tenant shall pay the landlord $1,548.00, calculated as follows: DescriptionLandlord Rent arrears$820.00 Cleaning$125.00 Missing chattels$120.00 Damage to the premises and chattels$395.00 Removal and disposal of rubbish and goods$60.00 Tribunal application fee$28.00 Total award$1,548.00 Bond held$1,548.00
Bond Services are to release and pay the bond as follows: a. $1,548.00 to the landlord; and b. $52.00 to the tenant.
The landlord may dispose of the soil-filled pots, black plastic bags, mops, dirty black blankets, small gas bottle, burners, and other goods or rubbish left at the premises by the tenant.
The landlord’s claim for exemplary damages is dismissed.

Reasons

The Landlord attended the hearing with their interpreter. The Tenant did not attend.
The landlord has applied for rent arrears, compensation, payment of the bond, permission to dispose of goods left at the premises, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
The premises comprised a self-contained cabin on the Landlord’s land.

How much is owed for rent?

The tenancy ended on 5 May 2026.
The landlord provided rent records showing the rental history, the rent due, the payments received, and the running balance. Those records prove that rent arrears of $820.00 were owing when the tenancy ended.

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

At the end of the tenancy, the tenant must remove all of their goods, leave the premises reasonably clean and reasonably tidy, remove all rubbish, return all keys and security devices, and leave at the premises all chattels provided by the landlord for the tenant’s use: s 40(1)(e)(ii)–(v) Residential Tenancies Act 1986.
The landlord provided before-and-after photographs. The photographs establish the condition and contents of the premises at the beginning of the tenancy and their condition when the tenant vacated.
The tenant did not leave the premises reasonably clean and reasonably tidy. The landlord’s reasonable cleaning costs were $125.00. Photographs show dirt and flies throughout the home, and grime on wall and floor surfaces.
The following chattels provided by the landlord were missing at the end of the tenancy: a. a wall painting; b. a cotton rug; c. a rubbish bin; d. a toothbrush cup; and e. a cutlery holder.
On the Landlord’s evidence, those items were present at the beginning of the tenancy and missing when the tenant vacated. The landlord proved their reasonable replacement cost. I award $120.00.
The tenant also left soil-filled pots, black plastic bags, mops, dirty black blankets, a small gas bottle, burners, and other goods or rubbish at the premises.
The tenant was responsible for removing those items. The landlord proved that the reasonable cost of their removal and disposal is $60.00.
From their condition and the evidence as to their value, it is not practicable to return the remaining items to the tenant and their value does not justify the cost of continued storage, transport, or sale. The landlord is therefore authorised to dispose of them.

Is the tenant responsible for 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: ss 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where the damage is careless, section 49B applies.
Where careless damage is covered by the landlord’s insurance, the tenant’s liability is limited to the lesser of the applicable insurance excess or four weeks’ rent: s 49B(3)(a) Residential Tenancies Act 1986.
Where careless damage is not covered by the landlord’s insurance, the tenant’s liability is limited to four weeks’ rent. Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as though it were not insured against the damage: ss 49B(3)(b) and 49B(3A)(a) Residential Tenancies Act 1986.
A tenant remains liable for damage that was caused intentionally, resulted from an imprisonable offence committed on or about the premises, or resulted from keeping a pet at the premises: s 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 may also be 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 before-and-after photographs prove that the following damage occurred during the tenancy: a. damage to the timber decking; b. torn curtains; c. damage to a tabletop; and d. marks to an interior wall requiring repainting.
That damage is more than fair wear and tear. The tenant has not disproved liability for it.
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 placed in a better position.
In assessing the appropriate amounts, I have considered the condition of the premises and chattels shown in the photographs taken before the tenancy, their condition at the end of the tenancy, and the reasonable repair or replacement costs proved by the landlord. The cabin was brand new and was tidy and well presented.
I award the landlord $395.00 for the damage.

Is the landlord entitled to exemplary damages for smoking or vaping?

The landlord alleged that the tenant smoked and vaped inside the premises and that an odour remained after the landlord cleaned, repainted, and washed the curtains.
A tenancy agreement may prohibit smoking inside the premises: s 43AA Residential Tenancies Act. A breach of such a provision may amount to a breach of the tenancy agreement and may support compensation for any loss or damage proved.
Exemplary damages, however, may be awarded only where the conduct constitutes an unlawful act under the Residential Tenancies Act 1986.
Smoking or vaping inside the premises is not, without more, an unlawful act for which exemplary damages are available under section 109 and Schedule 1A of the Act.
Further, the landlord has already been awarded the cleaning and repainting expenses proved.
The claim for exemplary damages is therefore dismissed.

Should the application fee be reimbursed?

The landlord has been successful in the substantive claims. It is appropriate that the tenant reimburse the landlord for the $28.00 Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5518001. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$820.00	Rent arrears
Cleaning	$125.00	Cleaning
Missing chattels	$120.00	Missing chattels
Damage to the premises and chattels	$395.00	Damage to the premises and chattels
Removal and disposal of rubbish and goods	$60.00	Removal and disposal of rubbish and goods
Tribunal application fee	$28.00	Tribunal application fee

Order

The tenant shall pay the landlord $1,548.00, calculated as follows: DescriptionLandlord Rent arrears$820.00 Cleaning$125.00 Missing chattels$120.00 Damage to the premises and chattels$395.00 Removal and disposal of rubbish and goods$60.00 Tribunal application fee$28.00 Total award$1,548.00 Bond held$1,548.00
Bond Services are to release and pay the bond as follows: a. $1,548.00 to the landlord; and b. $52.00 to the tenant.
The landlord may dispose of the soil-filled pots, black plastic bags, mops, dirty black blankets, small gas bottle, burners, and other goods or rubbish left at the premises by the tenant.
The landlord’s claim for exemplary damages is dismissed.

Reasons

The Landlord attended the hearing with their interpreter. The Tenant did not attend.
The landlord has applied for rent arrears, compensation, payment of the bond, permission to dispose of goods left at the premises, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
The premises comprised a self-contained cabin on the Landlord’s land.

How much is owed for rent?

The tenancy ended on 5 May 2026.
The landlord provided rent records showing the rental history, the rent due, the payments received, and the running balance. Those records prove that rent arrears of $820.00 were owing when the tenancy ended.

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

At the end of the tenancy, the tenant must remove all of their goods, leave the premises reasonably clean and reasonably tidy, remove all rubbish, return all keys and security devices, and leave at the premises all chattels provided by the landlord for the tenant’s use: s 40(1)(e)(ii)–(v) Residential Tenancies Act 1986.
The landlord provided before-and-after photographs. The photographs establish the condition and contents of the premises at the beginning of the tenancy and their condition when the tenant vacated.
The tenant did not leave the premises reasonably clean and reasonably tidy. The landlord’s reasonable cleaning costs were $125.00. Photographs show dirt and flies throughout the home, and grime on wall and floor surfaces.
The following chattels provided by the landlord were missing at the end of the tenancy: a. a wall painting; b. a cotton rug; c. a rubbish bin; d. a toothbrush cup; and e. a cutlery holder.
On the Landlord’s evidence, those items were present at the beginning of the tenancy and missing when the tenant vacated. The landlord proved their reasonable replacement cost. I award $120.00.
The tenant also left soil-filled pots, black plastic bags, mops, dirty black blankets, a small gas bottle, burners, and other goods or rubbish at the premises.
The tenant was responsible for removing those items. The landlord proved that the reasonable cost of their removal and disposal is $60.00.
From their condition and the evidence as to their value, it is not practicable to return the remaining items to the tenant and their value does not justify the cost of continued storage, transport, or sale. The landlord is therefore authorised to dispose of them.

Is the tenant responsible for 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: ss 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where the damage is careless, section 49B applies.
Where careless damage is covered by the landlord’s insurance, the tenant’s liability is limited to the lesser of the applicable insurance excess or four weeks’ rent: s 49B(3)(a) Residential Tenancies Act 1986.
Where careless damage is not covered by the landlord’s insurance, the tenant’s liability is limited to four weeks’ rent. Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as though it were not insured against the damage: ss 49B(3)(b) and 49B(3A)(a) Residential Tenancies Act 1986.
A tenant remains liable for damage that was caused intentionally, resulted from an imprisonable offence committed on or about the premises, or resulted from keeping a pet at the premises: s 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 may also be 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 before-and-after photographs prove that the following damage occurred during the tenancy: a. damage to the timber decking; b. torn curtains; c. damage to a tabletop; and d. marks to an interior wall requiring repainting.
That damage is more than fair wear and tear. The tenant has not disproved liability for it.
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 placed in a better position.
In assessing the appropriate amounts, I have considered the condition of the premises and chattels shown in the photographs taken before the tenancy, their condition at the end of the tenancy, and the reasonable repair or replacement costs proved by the landlord. The cabin was brand new and was tidy and well presented.
I award the landlord $395.00 for the damage.

Is the landlord entitled to exemplary damages for smoking or vaping?

The landlord alleged that the tenant smoked and vaped inside the premises and that an odour remained after the landlord cleaned, repainted, and washed the curtains.
A tenancy agreement may prohibit smoking inside the premises: s 43AA Residential Tenancies Act. A breach of such a provision may amount to a breach of the tenancy agreement and may support compensation for any loss or damage proved.
Exemplary damages, however, may be awarded only where the conduct constitutes an unlawful act under the Residential Tenancies Act 1986.
Smoking or vaping inside the premises is not, without more, an unlawful act for which exemplary damages are available under section 109 and Schedule 1A of the Act.
Further, the landlord has already been awarded the cleaning and repainting expenses proved.
The claim for exemplary damages is therefore dismissed.

Should the application fee be reimbursed?

The landlord has been successful in the substantive claims. It is appropriate that the tenant reimburse the landlord for the $28.00 Tribunal application fee.

Tenancy Tribunal case 5518001 — Rent arrears at 54 Barnard Road Fairy Springs, Fairy Springs, Rotorua

At a glance

Tenancy Tribunal case 5518001 — Rent arrears at 54 Barnard Road Fairy Springs, Fairy Springs, Rotorua

At a glance

Claims & awards

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 damage to the premises?

Is the landlord entitled to exemplary damages for smoking or vaping?

Should the application fee be reimbursed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

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 damage to the premises?

Is the landlord entitled to exemplary damages for smoking or vaping?

Should the application fee be reimbursed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions