What was the outcome of Tenancy Tribunal case 5382013?

The tribunal order states: Aporosa Rasavulu Duwai to pay Proud Property 7 Taupo Limited As Agent For

How much money was awarded in case 5382013?

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 5382013?

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

Where can I read the official tribunal order for case 5382013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13230130-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5382013?

The tribunal order states: Aporosa Rasavulu Duwai to pay Proud Property 7 Taupo Limited As Agent For

How much money was awarded in case 5382013?

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 5382013?

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

Where can I read the official tribunal order for case 5382013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13230130-Tribunal_Order.pdf.

Unit/Flat Unit 1, 74 Hinemoa Avenue, Taupo, Taupo 3330 Tenancy Tribunal Case 5382013 — Cleanliness

Order

Aporosa Rasavulu Duwai to pay Proud Property 7 Taupo Limited As Agent For Phil & Denise Janssen $2,041.95 immediately, calculated as follows: Description of AwardAmount Rent arrears (to 6 October 2025)$452.85 Cleaning (including oven clean)$350.00 Lawnmowing & gardening at end of tenancy$103.50 Outstanding lawn mowing invoices$493.31 Labour – rubbish removal$414.00 Landfill fees$135.70 Replace missing shower drain$148.35 Replace toilet seat$109.25 Replace drawer & cupboard hinges$203.89 Description of AwardAmount Replace kitchen & bedroom blinds$224.00 Repair damaged fence post$269.10 Application filing fee$28.00 Total Awarded$2,931.95 Less Bond$890.00 Tenant to pay$2,041.95
The Bond Centre is to release the bond of $890.00 to Proud Property 7 Taupo Limited immediately.

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 landlord provided rent records owing at the end of the tenancy on 6 October 2025.

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. The oven and bathroom were in a particularly poor condition and required professional cleaning.
The Tenant failed to maintain the lawns and gardens and left the lawns unmown with significant weed growth.
The Tenant left substantial rubbish at the property, requiring removal and disposal.
The following amounts are awarded under this head: •Cleaning (including oven clean): $350.00 •Lawnmowing and gardening at end of tenancy: $103.50 •Outstanding lawn mowing invoices: $493.31 •Labour to remove rubbish: $414.00 •Landfill fees: $135.70
All claims are approved.

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:
The shower drain cover was present at the start of the tenancy but missing at the end. Its absence required replacement. This is not fair wear and tear but loss of a fixture during the tenancy. The tenant has not provided an explanation negating liability. Shower drain replacement awarded: $148.35
The toilet seat required replacement as it was damaged beyond normal wear. The evidence establishes this was not ordinary deterioration but damage requiring replacement. The tenant is liable under section 40(2)(a). Toilet seat replacement awarded: $109.25
One drawer and one cupboard were left without hinges. The drawer had come off its hinges during the tenancy and the hinges were removed and discarded before vacating. This constitutes damage beyond fair wear and tear. Replacement costs are reasonable. Hinges replacement awarded: $203.89
The evidence establishes that blinds were damaged during the tenancy. This was the second set damaged, and the damage was caused by forceful handling. The blinds required replacement. This damage exceeds fair wear and tear, and the tenant has not rebutted liability. Blinds replacement awarded: $224.00
The fence post was damaged when the tenant backed into it. This is not accidental wear, but physical damage caused during occupation. The repair cost is reasonable and proved. Fence post repair awarded: $269.10
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Addendum
Bond released.

Tenancy Tribunal case 5382013 — Cleanliness at Unit/Flat Unit 1, 74 Hinemoa Avenue, Taupo, Taupo 3330

Tenancy Tribunal case 5382013 — Cleanliness at Unit/Flat Unit 1, 74 Hinemoa Avenue, Taupo, Taupo 3330

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