What was the outcome of Tenancy Tribunal case 4924915?

The tribunal order states: Roger Waka Bell must pay YLPM Limited as agent for the Smat Family Trust

How much money was awarded in case 4924915?

Cleaning: $703.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $625.71 awarded to landlord; Rubbish Removal: $74.00 awarded to landlord

What type of tenancy dispute was case 4924915?

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

Where can I read the official tribunal order for case 4924915?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868649-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4924915?

The tribunal order states: Roger Waka Bell must pay YLPM Limited as agent for the Smat Family Trust

How much money was awarded in case 4924915?

Cleaning: $703.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $625.71 awarded to landlord; Rubbish Removal: $74.00 awarded to landlord

What type of tenancy dispute was case 4924915?

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

Where can I read the official tribunal order for case 4924915?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868649-Tenancy_Tribunal_Order.pdf.

Flat 1, 27 Para Street, Taumarunui 3920 Tenancy Tribunal Case 4924915 — Cleanliness

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Flat 1, 27 Para Street, Taumarunui 3920 Tenancy Tribunal Case 4924915 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4924915. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2024	$625.71	Rent arrears to 28 May 2024
Cleaning	$703.80	Cleaning
Rubbish removal	$74.00	Rubbish removal
Wall and door repairs and lock replacement	$650.00	Wall and door repairs and lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4924915. Verify on MoJ.

Rent arrears to 28 May 2024

Amount: $625.71
Awarded to: Landlord
Reason: Rent arrears to 28 May 2024

Cleaning

Amount: $703.80
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $74.00
Awarded to: Landlord
Reason: Rubbish removal

Wall and door repairs and lock replacement

Amount: $650.00
Awarded to: Landlord
Reason: Wall and door repairs and lock replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Roger Waka Bell must pay YLPM Limited as agent for the Smat Family Trust $2,073.95 immediately, calculated as shown in table below.

Reasons

The hearing was conducted on Microsoft Teams.
Brian Berquist attended the hearing for the landlord’s agent.
The tenant did not attend. The Tribunal attempted to contact him without success. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 28 May 2025.
Mr Berquist confirmed that the landlord has received the bond, so the arrears now stand at $625.71 rather than the rent summary amount of $895.71.
The arrears are proved, and an order is made for them.

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 return all keys and security devices. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and did not return the keys.
Mr Berquist accepted that part of the cleaning cost (cleaning the windows) went beyond remedying the tenant’s breach of his cleaning obligations. Therefore, the cost of cleaning the windows ($120.00 plus GST) is deducted from the cleaning invoice.
The cleaning invoice includes a charge for cleaning the carpets, which was necessary to remove the odour from the tenant having smoked in the premises despite the tenancy agreement having a no-smoking term.
The amounts ordered are proved. The cost of replacing the front door lock and keys is included in the order for the repair invoice referred to in the table above. 2

Is the tenant responsible for the damage to the premises?

The landlord claims for apparent impact damage that caused six holes in the walls and to three internal doors.
I am satisfied that this damage to the premises occurred during the tenancy and is more than fair wear and tear.
Tenants are liable for the actions of people at the premises with their permission. 1 Residential Tenancies Act 1986 (RTA) 40(1)(e)(iii)-(iv) 2 The cost to replace the front door lock and keys was $69.57 plus GST.
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.
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. 3
Considering the photographs and Mr Berquist’s evidence, it is likely that damage was caused intentionally. In any event, the tenant has not proven they did not carelessly or intentionally cause or permit the damage.
The amount ordered to repair the damage is proved. 4 Filing fee
The tenant must reimburse the landlord for the cost of the filing fee because the landlord has wholly succeeded with the claim.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4924915. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2024	$625.71	Rent arrears to 28 May 2024
Cleaning	$703.80	Cleaning
Rubbish removal	$74.00	Rubbish removal
Wall and door repairs and lock replacement	$650.00	Wall and door repairs and lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4924915. Verify on MoJ.

Rent arrears to 28 May 2024

Amount: $625.71
Awarded to: Landlord
Reason: Rent arrears to 28 May 2024

Cleaning

Amount: $703.80
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $74.00
Awarded to: Landlord
Reason: Rubbish removal

Wall and door repairs and lock replacement

Amount: $650.00
Awarded to: Landlord
Reason: Wall and door repairs and lock replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Roger Waka Bell must pay YLPM Limited as agent for the Smat Family Trust $2,073.95 immediately, calculated as shown in table below.

Reasons

The hearing was conducted on Microsoft Teams.
Brian Berquist attended the hearing for the landlord’s agent.
The tenant did not attend. The Tribunal attempted to contact him without success. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 28 May 2025.
Mr Berquist confirmed that the landlord has received the bond, so the arrears now stand at $625.71 rather than the rent summary amount of $895.71.
The arrears are proved, and an order is made for them.

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 return all keys and security devices. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and did not return the keys.
Mr Berquist accepted that part of the cleaning cost (cleaning the windows) went beyond remedying the tenant’s breach of his cleaning obligations. Therefore, the cost of cleaning the windows ($120.00 plus GST) is deducted from the cleaning invoice.
The cleaning invoice includes a charge for cleaning the carpets, which was necessary to remove the odour from the tenant having smoked in the premises despite the tenancy agreement having a no-smoking term.
The amounts ordered are proved. The cost of replacing the front door lock and keys is included in the order for the repair invoice referred to in the table above. 2

Is the tenant responsible for the damage to the premises?

The landlord claims for apparent impact damage that caused six holes in the walls and to three internal doors.
I am satisfied that this damage to the premises occurred during the tenancy and is more than fair wear and tear.
Tenants are liable for the actions of people at the premises with their permission. 1 Residential Tenancies Act 1986 (RTA) 40(1)(e)(iii)-(iv) 2 The cost to replace the front door lock and keys was $69.57 plus GST.
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.
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. 3
Considering the photographs and Mr Berquist’s evidence, it is likely that damage was caused intentionally. In any event, the tenant has not proven they did not carelessly or intentionally cause or permit the damage.
The amount ordered to repair the damage is proved. 4 Filing fee
The tenant must reimburse the landlord for the cost of the filing fee because the landlord has wholly succeeded with the claim.

Tenancy Tribunal case 4924915 — Cleanliness at Flat 1, 27 Para Street, Taumarunui 3920

At a glance

Tenancy Tribunal case 4924915 — Cleanliness at Flat 1, 27 Para Street, Taumarunui 3920

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 the damage to the premises?

Topics & place

Key findings

Property management

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 the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions