What was the outcome of Tenancy Tribunal case 5245072?

The tribunal order states: Alison Lewis and Gareth Lewis to pay Eves Realty Limited Rotorua $7,257.48

How much money was awarded in case 5245072?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5245072?

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

Where can I read the official tribunal order for case 5245072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12067457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5245072?

The tribunal order states: Alison Lewis and Gareth Lewis to pay Eves Realty Limited Rotorua $7,257.48

How much money was awarded in case 5245072?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5245072?

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

Where can I read the official tribunal order for case 5245072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12067457-Tenancy_Tribunal_Order.pdf.

101C Fairy Springs Road, Fairy Springs, Rotorua 3015 Tenancy Tribunal Case 5245072 — Property damage

Order

Alison Lewis and Gareth Lewis to pay Eves Realty Limited Rotorua $7,257.48 immediately, calculated as follows: Brief Description of AwardAmount Awarded Rent arrears$4,362.86 Skip bin hire$520.00 Dump fees$197.56 Rubbish removal labour (16 hrs @ $45/hr)$720.00 Cleaning products$136.77 Cleaning labour (16 hrs @ $35/hr)$560.00 Flea bombs$32.96 Lawn mowing and garden tidying$195.00 Lock and key replacement$52.00 Heat pump remote replacement$59.00 Lightbulbs$124.05 Shower drain cover$28.30 Door replacement (bedroom 1 and 3)$230.00 Wall plastering$11.98 Filing fee reimbursement$27.00 Total$7,257.48

Reasons

Both parties attended the hearing.
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 3 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: $4,362.86

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The Landlord hired a skip bin and claims to have spent 32 hours removing rubbish from the property. I have viewed the Landlord’s photographs of the premises at the end of the tenancy and received some limited information directly from the property manager regarding rubbish left behind by the Tenant at the end of the tenancy. There were heavy items such as fridges and furniture, and general waste. I could not conclude based on the photographs alone that it took 32 hours to remove the rubbish and consider a contractor would have removed the rubbish and left behind items in a day. I award $520.00 for the skip bin hire and $197.56 in dump fees for the removal of additional rubbish, and 16 hours (two full days, at $45/hour) for the Landlord’s labour: $720.00.
The Landlord purchased cleaning products and claims to have spent 24 hours (at $45/hour) cleaning the premises and restoring them to a reasonably clean and tidy state. The pictures do not show the floor, walls and other surfaces up close, but I accept the property manager’s evidence she had seen the premises before the tenancy began and that it was in a very unclean and untidy state when she came to do her exit inspection at the end of the tenancy. The tenancy had been terminated by Tribunal Order, and the Tenant was trespassed from the property, leaving abruptly. The Landlord undertook the cleaning themselves. I award $136.77 for cleaning products, and 16 hours of cleaning at $35/hour: $560.00
The Tenant had animals living inside the premises and, at the end of the tenancy, the carpet inside the premises was infested with fleas in areas. I award $32.96 to the Landlord for the flea bombs they purchased to treat the flea infestation.
I award $195.00 for lawn mowing and tidying gardens, based on the exit inspection photographs that show the outside and surrounds were not left reasonably clean and tidy.
The Tenant did not return keys. It cost the Landlord $52.00 to replace a lock and set of keys.
A heat pump remote went missing during the tenancy and I award the cost of its replacement: $59.00
The Landlord had to replace light bulbs that were missing or broken, and I reimburse $124.05 to the Landlord for the lightbulbs.
The Landlord had to replace a missing drain cover in the shower, and reimburse $28.30 for the Landlord for the drain cover.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: a. Damaged doors (bedroom one and bedroom three): the doors showed signs of deliberate damage, one door having been pierced by a sharp object, like a (throwing) knife. The other door and a hole in it, at shoulder-height. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award the Landlord their costs in replacing the doors: $230.00. b. Damaged walls (two walls): Given the general state of the property at the end of the tenancy, I accept the damage occurred during the tenancy and was more than fair wear and tear. I award the Landlord’s plastering costs: $11.98
The amounts ordered are proved.
The Landlord has substantially succeeded with the claim I must reimburse the filing fee: 27.00

Tenancy Tribunal case 5245072 — Property damage at 101C Fairy Springs Road, Fairy Springs, Rotorua 3015

Tenancy Tribunal case 5245072 — Property damage at 101C Fairy Springs Road, Fairy Springs, Rotorua 3015

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?

Property management

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?

Property management