Tenantcheck Insights · Case study
Tenancy Tribunal case 5396439 — Rent arrears at Unit/Flat Flat 4, 129 Malfroy Road, Victoria, Rotorua 3010
Published 20 March 2026 · Application 5396439
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Rotorua
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,457.54
- Bond payment as ordered
- −$1,620.00
- Total balance for Tenant to pay Landlord
- $1,837.54
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 14.11.2025 | $2,314.29 | Rent arrears to 14.11.2025 | |
| Cleaning | $300.00 | Cleaning | |
| Rubbish removal | $138.00 | Rubbish removal | |
| Carpet cleaning | $112.00 | Carpet cleaning | |
| Lock/key replacement | $171.25 | Lock/key replacement | |
| Repairs to vinyl | $394.00 | Repairs to vinyl | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,837.54 | ||
| Total payable by Tenant to Landlord | $1,837.54 |
Claims and awards for application 5396439 — net $1,837.54 NZD. Verify on MoJ.
Rent arrears to 14.11.2025
- Amount
- $2,314.29
- Awarded to
- Landlord
- Reason
- Rent arrears to 14.11.2025
Cleaning
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $138.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Carpet cleaning
- Amount
- $112.00
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Lock/key replacement
- Amount
- $171.25
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Repairs to vinyl
- Amount
- $394.00
- Awarded to
- Landlord
- Reason
- Repairs to vinyl
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,837.54
Total payable by Tenant to Landlord
Landlord $1,837.54
Claim types — money lines allowed on this order
Order
- Hyrum Rahiri Shane Peter Tau must pay Inspire Real Estate Limited as the agent for Gurmeet Singh / G.B.S.M Limited $1,837.54 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $1,620.00 (BN-00100202) to Inspire Real Estate Limited as the agent for Gurmeet Singh / G.B.S.M Limited immediately.
Reasons
- Only the landlord, represented by Ms London, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.
- This tenancy began on 9 June 2025 and ended on 14 November 2025.
- The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The landlord provided evidence regarding the ending of the tenancy, noting the tenant had left the premises and his partner moved in. The landlord then received verbal and text notification from the tenant confirming that the tenancy was to end on 14 November 2025. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy, which is awarded above.
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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord has provided evidence, including invoices, and photographs showing the condition of the premises. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind and further cleaning was required. The items included old furniture, a bed base, chest of drawers, and plastic bags of rubbish.
- The carpet required additional cleaning and deodorising, to remove odour from a dog kept on the premises (in breach of the tenancy agreement).
- The tenant did not return the keys, so the landlord incurred locksmith’s charges to change the locks and keys, as shown in the invoice.
- The amounts ordered are proved. Compensation for damage General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
- 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) of the 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) of the RTA.
- The landlord advises that the insurance excess for tenant damage is $1,000.00.
- 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.
Is the tenant responsible for the damage to the premises?
- The landlord seeks compensation for repairing damage to the vinyl in the bathroom, stating this was likely caused by the dog chewing on it. The photograph provided in evidence shows the damage. An invoice for repairs has been provided. As other work was also completed, the landlord seeks 50% of the total cost of the invoice for $788.00. So, the amount claimed by the landlord is $394.00.
- The landlord’s evidence establishes that the vinyl damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved. Filing fee and name suppression
- As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
- The landlord does not request name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A), s50
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5396439?
The tribunal order states: Hyrum Rahiri Shane Peter Tau must pay Inspire Real Estate Limited as the agent
How much money was awarded in case 5396439?
Cleaning: $112.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Kitchen Vinyl: $394.00 awarded to landlord; Property Damage: $171.25 awarded to landlord; Rent Arrears: $2,314.29 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord
What type of tenancy dispute was case 5396439?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5396439?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13318817-Tenancy_Tribunal_Order.pdf.