What was the outcome of Tenancy Tribunal case 5285219?

The tribunal order states: The Order of the Tribunal dated 23 June 2025 is consolidated with this Tribunal

How much money was awarded in case 5285219?

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 5285219?

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

Where can I read the official tribunal order for case 5285219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12295895-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5285219?

The tribunal order states: The Order of the Tribunal dated 23 June 2025 is consolidated with this Tribunal

How much money was awarded in case 5285219?

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 5285219?

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

Where can I read the official tribunal order for case 5285219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12295895-Tribunal_Order.pdf.

4 Allan Street, Glenholme, Rotorua 3010 Tenancy Tribunal Case 5285219 — Cleanliness

Order

The Order of the Tribunal dated 23 June 2025 is consolidated with this Tribunal Order by request of the Applicant.
Taina Wallace-McLeod is to pay Russell Hardie Limited $3,683.89 immediately, calculated as follows: Award descriptionAmount Rent arrears (per rent records)$1,119.86 Cleaning$178.25 Rubbish removal (interior, garage, bins, porch items)$175.00 Locks changed/keys not returned (front, back, garage)$508.75 Lawns and garden work$120.00 Wall repair$176.58 Window reglazing (bedroom & porch)$1,405.45 Total award$3,683.89

Reasons

Both parties attended the hearing.
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?

Rent records prove arrears of $1,119.86 at the end of the tenancy. This replaces the previous order made on 23 June 2025 (application 5238631).

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) 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. Cleaning was required and cost $178.25.
Rubbish was left inside the premises and in the garage, including a chest of drawers, dresser table, mattress, and other items. Both rubbish bins and the recycling were full. Items were left on the back porch. Rubbish removal cost $175.00.
The Tenant did not return the keys. The landlord was required to change the locks to the front, back, and garage doors at a cost of $508.75.
The lawns were unmowed, and the gardens unweeded. Lawn and garden work cost $120.00.
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 that date, 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. See section 49B(3)(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 hole in the front door and two smashed windowpanes, one in a bedroom and one on the porch.
The Landlord had to repair the wall and reglaze the windows. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The cost of the wall repair was $176.58. The cost of reglazing was $1,405.45.
The amounts ordered are proved.
I have taken 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 have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Order

The Order of the Tribunal dated 23 June 2025 is consolidated with this Tribunal Order by request of the Applicant.
Taina Wallace-McLeod is to pay Russell Hardie Limited $3,683.89 immediately, calculated as follows: Award descriptionAmount Rent arrears (per rent records)$1,119.86 Cleaning$178.25 Rubbish removal (interior, garage, bins, porch items)$175.00 Locks changed/keys not returned (front, back, garage)$508.75 Lawns and garden work$120.00 Wall repair$176.58 Window reglazing (bedroom & porch)$1,405.45 Total award$3,683.89

Reasons

Both parties attended the hearing.
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?

Rent records prove arrears of $1,119.86 at the end of the tenancy. This replaces the previous order made on 23 June 2025 (application 5238631).

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) 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. Cleaning was required and cost $178.25.
Rubbish was left inside the premises and in the garage, including a chest of drawers, dresser table, mattress, and other items. Both rubbish bins and the recycling were full. Items were left on the back porch. Rubbish removal cost $175.00.
The Tenant did not return the keys. The landlord was required to change the locks to the front, back, and garage doors at a cost of $508.75.
The lawns were unmowed, and the gardens unweeded. Lawn and garden work cost $120.00.
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 that date, 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. See section 49B(3)(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 hole in the front door and two smashed windowpanes, one in a bedroom and one on the porch.
The Landlord had to repair the wall and reglaze the windows. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The cost of the wall repair was $176.58. The cost of reglazing was $1,405.45.
The amounts ordered are proved.
I have taken 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 have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5285219 — Cleanliness at 4 Allan Street, Glenholme, Rotorua 3010

Tenancy Tribunal case 5285219 — Cleanliness at 4 Allan Street, Glenholme, Rotorua 3010

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