What was the outcome of Tenancy Tribunal case 5239711?

The tribunal order states: Tyson Roman Edgar Pereki must pay Complete Property Management Limited

How much money was awarded in case 5239711?

Cleaning: $39.99 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5105616 D…: $2,222.85 awarded to landlord; Labour: $450.00 awarded to landlord; Replace Furnishings: Wardrobe: $200.00 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord

What type of tenancy dispute was case 5239711?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5239711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11999358-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5239711?

The tribunal order states: Tyson Roman Edgar Pereki must pay Complete Property Management Limited

How much money was awarded in case 5239711?

Cleaning: $39.99 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5105616 D…: $2,222.85 awarded to landlord; Labour: $450.00 awarded to landlord; Replace Furnishings: Wardrobe: $200.00 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord

What type of tenancy dispute was case 5239711?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5239711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11999358-Tenancy_Tribunal_Order.pdf.

8A Robinson Street, Katikati, Katikati 3129 Tenancy Tribunal Case 5239711 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5239711 — net $3,759.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5105616 dated 11/03/2025	$2,222.85	Previous order application 5105616 dated 11/03/2025
Cleaning: and rubbish removal - labour	$450.00	Cleaning: and rubbish removal - labour
Rubbish removal: skip bin	$370.00	Rubbish removal: skip bin
Carpet Cleaning: - rug doctor	$39.99	Carpet Cleaning: - rug doctor
Replace furnishings: Wardrobe	$200.00	Replace furnishings: Wardrobe
Repairs: labour	$450.00	Repairs: labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,759.84
Total payable by Tenant to Landlord	$3,759.84

The landlord attended the hearing.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The carpet required cleaning.

I award the skip bin cost of $370.00 which is proved by a bank statement transaction record and $39.99 for the rug doctor rental fee which is proved with an invoice. The landlord claimed $900 for 18 hours for the landlord’s own labour/time. The invoice does not itemise the landlord’s time, however I consider $450 is reasonable to compensate the landlord’s time, having regard 1 See section 40(1)(e)(ii)-(v) RTA. to the level of cleaning and rubbish removal required and that amount is ordered. I address the balance of the labour claim below.

Is the tenant responsible for the damage to the premises?

It is a breach of the RTA if a tenant intentionally or carelessness causes damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage 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. 3

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). 4 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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6

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. 7 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. 8

In assessing a claim for compensation, 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. 2 Sees 40 (2)(a) 3 See sections 40(2)(a), 41 and 49B RTA. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a Stand-alone wardrobe was damaged, and the laundry floor was damaged from a leak.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount claimed for the wardrobe was $209.30 and the landlord provided a photograph of the damaged wardrobe and an invoice. The landlord did not know the age of the wardrobe. I will award $200 to take into account betterment and depreciation.

The landlord claimed labour in respect of the damage. As noted above, this labour time was not itemised. I will award $450 for the landlord’s time in assembling the wardrobe and for repairing the laundry flooring which I consider reasonable. Previous order

On 11 March 2025 the Tribunal made an order relating to this tenancy for rent arrears to the end of the tenancy, the warrant fee, reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. The current claim for rent arrears is dismissed as it has already been awarded in the previous order. Other claims

The landlord claimed other expenses (sundries, tool and van fee, battery for AC unit and key and door stop). These claims are dismissed as there is insufficient evidence in support of these claims. Filing fee

As the landlord has been substantially successful in their claim, I award the filing fee. Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5239711 — net $3,759.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5105616 dated 11/03/2025	$2,222.85	Previous order application 5105616 dated 11/03/2025
Cleaning: and rubbish removal - labour	$450.00	Cleaning: and rubbish removal - labour
Rubbish removal: skip bin	$370.00	Rubbish removal: skip bin
Carpet Cleaning: - rug doctor	$39.99	Carpet Cleaning: - rug doctor
Replace furnishings: Wardrobe	$200.00	Replace furnishings: Wardrobe
Repairs: labour	$450.00	Repairs: labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,759.84
Total payable by Tenant to Landlord	$3,759.84

Order

Tyson Roman Edgar Pereki must pay Complete Property Management Limited - As Agent For Doah Trust $3,759.84 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 11 March 2025 under application 5105616.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The carpet required cleaning.
I award the skip bin cost of $370.00 which is proved by a bank statement transaction record and $39.99 for the rug doctor rental fee which is proved with an invoice. The landlord claimed $900 for 18 hours for the landlord’s own labour/time. The invoice does not itemise the landlord’s time, however I consider $450 is reasonable to compensate the landlord’s time, having regard 1 See section 40(1)(e)(ii)-(v) RTA. to the level of cleaning and rubbish removal required and that amount is ordered. I address the balance of the labour claim below.

Is the tenant responsible for the damage to the premises?

It is a breach of the RTA if a tenant intentionally or carelessness causes damage or permit any other person to damage the premises. 2 Where a landlord is claiming compensation for damage 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. 3
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). 4 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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6
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. 7 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. 8
In assessing a claim for compensation, 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. 2 Sees 40 (2)(a) 3 See sections 40(2)(a), 41 and 49B RTA. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a Stand-alone wardrobe was damaged, and the laundry floor was damaged from a leak.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount claimed for the wardrobe was $209.30 and the landlord provided a photograph of the damaged wardrobe and an invoice. The landlord did not know the age of the wardrobe. I will award $200 to take into account betterment and depreciation.
The landlord claimed labour in respect of the damage. As noted above, this labour time was not itemised. I will award $450 for the landlord’s time in assembling the wardrobe and for repairing the laundry flooring which I consider reasonable. Previous order
On 11 March 2025 the Tribunal made an order relating to this tenancy for rent arrears to the end of the tenancy, the warrant fee, reimbursement of the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. The current claim for rent arrears is dismissed as it has already been awarded in the previous order. Other claims
The landlord claimed other expenses (sundries, tool and van fee, battery for AC unit and key and door stop). These claims are dismissed as there is insufficient evidence in support of these claims. Filing fee
As the landlord has been substantially successful in their claim, I award the filing fee. Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5239711 — Property damage at 8A Robinson Street, Katikati, Katikati 3129

At a glance

Tenancy Tribunal case 5239711 — Property damage at 8A Robinson Street, Katikati, Katikati 3129

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Dismissed claims

Order

Reasons

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