What was the outcome of Tenancy Tribunal case 5377460?

The tribunal order states: Aiden Barclay must pay Mark Real Estate Limited as agent for Glen Wallace &

How much money was awarded in case 5377460?

Filing Fee: $28.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $1,612.14 awarded to landlord; Rubbish Removal: $207.36 awarded to landlord

What type of tenancy dispute was case 5377460?

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

Where can I read the official tribunal order for case 5377460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009752-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5377460?

The tribunal order states: Aiden Barclay must pay Mark Real Estate Limited as agent for Glen Wallace &

How much money was awarded in case 5377460?

Filing Fee: $28.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $1,612.14 awarded to landlord; Rubbish Removal: $207.36 awarded to landlord

What type of tenancy dispute was case 5377460?

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

Where can I read the official tribunal order for case 5377460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009752-Tenancy_Tribunal_Order.pdf.

36 Ngata Grove, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 5377460 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5377460 — net $1,867.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2025	$1,612.14	Rent arrears to 10 October 2025
Rubbish removal (dump fees	$207.36	Rubbish removal (dump fees
Curtain replacement	$20.00	Curtain replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,867.50
Total payable by Tenant to Landlord	$1,867.50

Both parties attended the hearing however, shortly after commencement the tenant left the hearing, and the hearing proceeded in their absence. The tenant did provide written submissions, and these have been considered in preparation of this order.

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 10 October 2025. The landlord provided rent records which prove the amount owing of $1,612.14 at the end of the tenancy.

The tenant’s submissions state that there was a lack of opportunity to reach an agreement before the landlord filed the application with the Tribunal and an offer to pay a small weekly amount towards the rental arrears was not accepted by the landlord.

Neither of these submissions change the total amount owing and the amount ordered is proved.

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 (RTA).

The landlord says that the tenant did not remove all rubbish at the property and claims for the receipted dump fees of $207.36. The landlord says there were approximately 20 bags of rubbish left around the property that required disposal.

The tenant’s submissions state that he had made contact to remove the rubbish himself, but the owner instead disposed of the rubbish.

There is no obligation on a landlord to allow a tenant to return to the property for the purpose of removal rubbish and accordingly 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 landlord claims for damage to the curtains. The landlord says that at the commencement of the tenancy there were aged curtains at the property, however, at the end of the tenancy the curtains were left outside with red paint staining on them. A photograph of one curtain has been provided in support. The landlord replaced the curtains with cheaper curtains from The Warehouse. A receipt provided shows a cost of $39.00 for each curtain.

The tenant’s submissions state that the final inspection report did not note that the curtains required replacement and that he was not contacted about the damage to the curtains at the end of the tenancy.

There is no inability for a landlord to claim for items that are not detailed in a final inspection report, and there is also no obligation for a landlord to contact a tenant to allow them an opportunity to remedy any damages.

I consider that it was more than likely that a curtain was damaged during the tenancy, however, they were replaced with new curtains (even if with an inferior product). I have therefore reduced the amount awarded to $20.00 for the curtains to reflect any betterment.

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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The following damage was caused during the tenancy: Curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Mark Real Estate Limited as agent for Glen Wallace & Lyn Lockhart has substantially succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 22 January 2026

Claims and awards in Tenancy Tribunal application 5377460 — net $1,867.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2025	$1,612.14	Rent arrears to 10 October 2025
Rubbish removal (dump fees	$207.36	Rubbish removal (dump fees
Curtain replacement	$20.00	Curtain replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,867.50
Total payable by Tenant to Landlord	$1,867.50

Order

Aiden Barclay must pay Mark Real Estate Limited as agent for Glen Wallace & Lyn Lockhart $1,867.50 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing however, shortly after commencement the tenant left the hearing, and the hearing proceeded in their absence. The tenant did provide written submissions, and these have been considered in preparation of this order.
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 10 October 2025. The landlord provided rent records which prove the amount owing of $1,612.14 at the end of the tenancy.
The tenant’s submissions state that there was a lack of opportunity to reach an agreement before the landlord filed the application with the Tribunal and an offer to pay a small weekly amount towards the rental arrears was not accepted by the landlord.
Neither of these submissions change the total amount owing and the amount ordered is proved.

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 (RTA).
The landlord says that the tenant did not remove all rubbish at the property and claims for the receipted dump fees of $207.36. The landlord says there were approximately 20 bags of rubbish left around the property that required disposal.
The tenant’s submissions state that he had made contact to remove the rubbish himself, but the owner instead disposed of the rubbish.
There is no obligation on a landlord to allow a tenant to return to the property for the purpose of removal rubbish and accordingly 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 landlord claims for damage to the curtains. The landlord says that at the commencement of the tenancy there were aged curtains at the property, however, at the end of the tenancy the curtains were left outside with red paint staining on them. A photograph of one curtain has been provided in support. The landlord replaced the curtains with cheaper curtains from The Warehouse. A receipt provided shows a cost of $39.00 for each curtain.
The tenant’s submissions state that the final inspection report did not note that the curtains required replacement and that he was not contacted about the damage to the curtains at the end of the tenancy.
There is no inability for a landlord to claim for items that are not detailed in a final inspection report, and there is also no obligation for a landlord to contact a tenant to allow them an opportunity to remedy any damages.
I consider that it was more than likely that a curtain was damaged during the tenancy, however, they were replaced with new curtains (even if with an inferior product). I have therefore reduced the amount awarded to $20.00 for the curtains to reflect any betterment.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: Curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Mark Real Estate Limited as agent for Glen Wallace & Lyn Lockhart has substantially succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 22 January 2026

Tenancy Tribunal case 5377460 — Rent arrears at 36 Ngata Grove, Trentham, Upper Hutt 5018

At a glance

Tenancy Tribunal case 5377460 — Rent arrears at 36 Ngata Grove, Trentham, Upper Hutt 5018

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