What was the outcome of Tenancy Tribunal case 5253319?

The tribunal order states: Shane Bates to pay Riverlands Real Estate Limited As Agent For Shane &

How much money was awarded in case 5253319?

Cleaning: $46.00 awarded to landlord; Court Bailiff Cost: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Water Rates: $31.94 awarded to landlord

What type of tenancy dispute was case 5253319?

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

Where can I read the official tribunal order for case 5253319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12067571-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5253319?

The tribunal order states: Shane Bates to pay Riverlands Real Estate Limited As Agent For Shane &

How much money was awarded in case 5253319?

Cleaning: $46.00 awarded to landlord; Court Bailiff Cost: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Water Rates: $31.94 awarded to landlord

What type of tenancy dispute was case 5253319?

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

Where can I read the official tribunal order for case 5253319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12067571-Tenancy_Tribunal_Order.pdf.

4 Pararua Lane, Te Kauwhata, Huntly 3710 Tenancy Tribunal Case 5253319 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5253319 — net $1,012.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Garage door: insurance excess	$650.00	Repairs: Garage door: insurance excess
Court bailiff cost	$258.00	Court bailiff cost
Water rates - balance	$31.94	Water rates - balance
Cleaning: Driveway stain removal	$46.00	Cleaning: Driveway stain removal
Net award	$1,012.94
Total payable by Tenant to Landlord	$1,012.94

Shane Bates to pay Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner $1,012.94 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 (6524241-001) immediately apportioned as follows: Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner: $1,012.94 Shane Bates: 1,507.06

Reasons

Both parties attended the hearing, conducted via teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended earlier via order 5178772 dated 17 March 2025. The tenant has paid the rent arrears and bulk of water rates already.

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.

A final water amount was derived from the landlord reading of the meter. This total was established via a calculation and supporting water bills. While not impressed with the delays in advising the tenant of water bills, the actual sum is not great and I accept the final reading and calculation. After the payment already made, a balance of $31.94 is due. That is award.

The tenant did not leave the premises and bailiff enforcement was required. This cost $258.00 and the landlord confirmed this has not been recovered from the tenant to date, by it or enforcement. The tenant disputed the notice regarding the lead up to the eviction but that is not a matter for revisiting under this application. The landlord was entitled to enact enforcement and the consequential cost is payable by the tenant. That is awarded.

A prominent stain on the driveway was shown in photos and an invoice for the removal of the stain and cleaning oof the driveway was provided in support of the landlord claim for $184.00. The tenant acknowledged the stain but disputed liability. He considered it more than likely a result of other vehicles using his driveway during a construction project. No evidence support this. I raised a question regarding the split invoice cost of stain removal and cleaning. I heard from both parties and revisited the entry and exit photos of the driveway. I have determined it fair for the tenant to pay for the stain removal ($46.00) but decline the cleaning cost. I was not convinced this was required as part of the stain removal, rather from weathering and expected vehicular use and impact over time.

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.

The tenant backed into the garage door during the tenancy. He accepted liability but disputed the full cost quoted based on the insurance excess being the lesser amount. I concur and the insurance excess of $650.00 is awarded. The landlord is yet to progress the insurance claim but the award here caps tenant liability regardless.

The insurance excess of $650.00 is awarded. Bond

The bond was not addressed by the landlord in its application. The Bond Centre record confirmed the bond of $2,520.00 is still lodged in the tenant’s name. It has been applied in this order. Filing fee

Because Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5253319 — net $1,012.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Garage door: insurance excess	$650.00	Repairs: Garage door: insurance excess
Court bailiff cost	$258.00	Court bailiff cost
Water rates - balance	$31.94	Water rates - balance
Cleaning: Driveway stain removal	$46.00	Cleaning: Driveway stain removal
Net award	$1,012.94
Total payable by Tenant to Landlord	$1,012.94

Order

Shane Bates to pay Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner $1,012.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (6524241-001) immediately apportioned as follows: Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner: $1,012.94 Shane Bates: 1,507.06

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended earlier via order 5178772 dated 17 March 2025. The tenant has paid the rent arrears and bulk of water rates already.

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.
A final water amount was derived from the landlord reading of the meter. This total was established via a calculation and supporting water bills. While not impressed with the delays in advising the tenant of water bills, the actual sum is not great and I accept the final reading and calculation. After the payment already made, a balance of $31.94 is due. That is award.
The tenant did not leave the premises and bailiff enforcement was required. This cost $258.00 and the landlord confirmed this has not been recovered from the tenant to date, by it or enforcement. The tenant disputed the notice regarding the lead up to the eviction but that is not a matter for revisiting under this application. The landlord was entitled to enact enforcement and the consequential cost is payable by the tenant. That is awarded.
A prominent stain on the driveway was shown in photos and an invoice for the removal of the stain and cleaning oof the driveway was provided in support of the landlord claim for $184.00. The tenant acknowledged the stain but disputed liability. He considered it more than likely a result of other vehicles using his driveway during a construction project. No evidence support this. I raised a question regarding the split invoice cost of stain removal and cleaning. I heard from both parties and revisited the entry and exit photos of the driveway. I have determined it fair for the tenant to pay for the stain removal ($46.00) but decline the cleaning cost. I was not convinced this was required as part of the stain removal, rather from weathering and expected vehicular use and impact over time.
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.
The tenant backed into the garage door during the tenancy. He accepted liability but disputed the full cost quoted based on the insurance excess being the lesser amount. I concur and the insurance excess of $650.00 is awarded. The landlord is yet to progress the insurance claim but the award here caps tenant liability regardless.
The insurance excess of $650.00 is awarded. Bond
The bond was not addressed by the landlord in its application. The Bond Centre record confirmed the bond of $2,520.00 is still lodged in the tenant’s name. It has been applied in this order. Filing fee
Because Riverlands Real Estate Limited As Agent For Shane & Kristen Spooner has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5253319 — Property damage at 4 Pararua Lane, Te Kauwhata, Huntly 3710

At a glance

Tenancy Tribunal case 5253319 — Property damage at 4 Pararua Lane, Te Kauwhata, Huntly 3710

At a glance

Award balance

Claims & awards

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

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