What was the outcome of Tenancy Tribunal case 5193771?

The tribunal order states: Karen Waititi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5193771?

Cleaning: $75.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $8.64 awarded to landlord; Rent Arrears: $885.00 awarded to landlord

What type of tenancy dispute was case 5193771?

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

Where can I read the official tribunal order for case 5193771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643105-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5193771?

The tribunal order states: Karen Waititi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5193771?

Cleaning: $75.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $8.64 awarded to landlord; Rent Arrears: $885.00 awarded to landlord

What type of tenancy dispute was case 5193771?

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

Where can I read the official tribunal order for case 5193771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643105-Tenancy_Tribunal_Order.pdf.

173 Valley Road, Kawerau, Kawerau 3127 Tenancy Tribunal Case 5193771 — Rent arrears

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173 Valley Road, Kawerau, Kawerau 3127 Tenancy Tribunal Case 5193771 — Rent arrears | 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 5193771 — net $1,705.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 February 2025	$885.00	Rent arrears to 18 February 2025
Cleaning	$560.00	Cleaning
Oven/stove cleaning and spot cleaning to carpet	$75.00	Oven/stove cleaning and spot cleaning to carpet
Lawns and Garden work	$150.00	Lawns and Garden work
Lock/key replacement	$8.64	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,705.64
Total payable by Tenant to Landlord	$1,705.64

Claims and awards for application 5193771 — net $1,705.64 NZD. Verify on MoJ.

Rent arrears to 18 February 2025

Amount: $885.00
Awarded to: Landlord
Reason: Rent arrears to 18 February 2025

Cleaning

Amount: $560.00
Awarded to: Landlord
Reason: Cleaning

Oven/stove cleaning and spot cleaning to carpet

Amount: $75.00
Awarded to: Landlord
Reason: Oven/stove cleaning and spot cleaning to carpet

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $8.64
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Karen Waititi must pay Mills Gibbon & Co Ltd T/A First National Collective $1,705.64 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant was called twice on the number provided but did not respond. The absence of a party does not prevent the matter from being heard and determined.
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 18 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has already been applied to outstanding arrears.

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 did not leave the premises reasonably clean and tidy, including the lawns and gardens.
The tenant did not return the keys.
The 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.
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.
The landlord says the kitchen benches were damaged by the tenant during this tenancy because the lacquer has peeled off and there are some knife marks.
On balance, I find that the landlord has not provided sufficient evidence to prove that marks on the kitchen bench(es) and delamination, is anything more than fair wear and tear. The photographs provided are inconclusive therefore this part of the claim is not proven.
Because Mills Gibbon & Co Ltd T/A First National Collective has substantially succeeded, the tenant must reimburse the filing fee.

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 5193771 — net $1,705.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 February 2025	$885.00	Rent arrears to 18 February 2025
Cleaning	$560.00	Cleaning
Oven/stove cleaning and spot cleaning to carpet	$75.00	Oven/stove cleaning and spot cleaning to carpet
Lawns and Garden work	$150.00	Lawns and Garden work
Lock/key replacement	$8.64	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,705.64
Total payable by Tenant to Landlord	$1,705.64

Claims and awards for application 5193771 — net $1,705.64 NZD. Verify on MoJ.

Rent arrears to 18 February 2025

Amount: $885.00
Awarded to: Landlord
Reason: Rent arrears to 18 February 2025

Cleaning

Amount: $560.00
Awarded to: Landlord
Reason: Cleaning

Oven/stove cleaning and spot cleaning to carpet

Amount: $75.00
Awarded to: Landlord
Reason: Oven/stove cleaning and spot cleaning to carpet

Lawns and Garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $8.64
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Karen Waititi must pay Mills Gibbon & Co Ltd T/A First National Collective $1,705.64 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant was called twice on the number provided but did not respond. The absence of a party does not prevent the matter from being heard and determined.
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 18 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has already been applied to outstanding arrears.

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 did not leave the premises reasonably clean and tidy, including the lawns and gardens.
The tenant did not return the keys.
The 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.
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.
The landlord says the kitchen benches were damaged by the tenant during this tenancy because the lacquer has peeled off and there are some knife marks.
On balance, I find that the landlord has not provided sufficient evidence to prove that marks on the kitchen bench(es) and delamination, is anything more than fair wear and tear. The photographs provided are inconclusive therefore this part of the claim is not proven.
Because Mills Gibbon & Co Ltd T/A First National Collective has substantially succeeded, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5193771 — Rent arrears at 173 Valley Road, Kawerau, Kawerau 3127

At a glance

Tenancy Tribunal case 5193771 — Rent arrears at 173 Valley Road, Kawerau, Kawerau 3127

At a glance

Award balance

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions