What was the outcome of Tenancy Tribunal case 5414375?

The tribunal order states: Katrina Tamehana must pay Michael Cooper and Jessica Cooper $2,768.59

How much money was awarded in case 5414375?

Cleaning: $373.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,092.15 awarded to landlord; Replace Removed Gate And Fence: $1,615.20 awarded to landlord; Rubbish Removal: $459.49 awarded to landlord

What type of tenancy dispute was case 5414375?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5414375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13405591-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5414375?

The tribunal order states: Katrina Tamehana must pay Michael Cooper and Jessica Cooper $2,768.59

How much money was awarded in case 5414375?

Cleaning: $373.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,092.15 awarded to landlord; Replace Removed Gate And Fence: $1,615.20 awarded to landlord; Rubbish Removal: $459.49 awarded to landlord

What type of tenancy dispute was case 5414375?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5414375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13405591-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 220 Old Taupo Road, Hillcrest, Rotorua Tenancy Tribunal Case 5414375 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5414375 — net $2,768.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2025	$2,092.15	Rent arrears to 5 December 2025
Rubbish removal	$459.49	Rubbish removal
Replace removed gate and fence	$1,615.20	Replace removed gate and fence
Cleaning: 50% of invoice	$373.75	Cleaning: 50% of invoice
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,768.59
Total payable by Tenant to Landlord	$2,768.59

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with 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 tenancy ended on 5 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided invoices for the rubbish removal as well as a number of photos. These reflected significant volume for disposal from both inside and out. The total claimed was $459.49 and this is awarded.

A cleaning invoice for $747.50 was tabled, along with a series of photos. Aligning the photographic evidence with the effort expressed in the invoice indicated some tasks that were either overstated or unproven. Each invoice line item was reviewed and discussed with the landlord and I consider a partial award of $373.75 (being 50% of the invoiced total) more reasonably reflects tenant liability.

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.

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 tenant removed an external gate and fence. This was immediately obvious to the landlord at exit and neighbouring tenants of this landlord confirmed the removal was undertaken by the tenant late one night just before the tenancy ended.

There were two gate posts left in situ, with the gate gudgeons apparent in the photos provided. The other fencing posts were removed.

The landlord provided an invoice for the cost of replacement. This totalled $1,615.20 and that sum is awarded.

The tenant has not disproved liability for the damage. Based on the remaining posts, the gate and fencing was of relatively recent installation and no depreciation is applied.

The amounts ordered are proved. Filing fee

Because Michael Cooper, Jessica Cooper has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5414375 — net $2,768.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2025	$2,092.15	Rent arrears to 5 December 2025
Rubbish removal	$459.49	Rubbish removal
Replace removed gate and fence	$1,615.20	Replace removed gate and fence
Cleaning: 50% of invoice	$373.75	Cleaning: 50% of invoice
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,768.59
Total payable by Tenant to Landlord	$2,768.59

Order

Katrina Tamehana must pay Michael Cooper and Jessica Cooper $2,768.59 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,800.00 (3061988032) to Michael Cooper and Jessica Cooper immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with 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 tenancy ended on 5 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for the rubbish removal as well as a number of photos. These reflected significant volume for disposal from both inside and out. The total claimed was $459.49 and this is awarded.
A cleaning invoice for $747.50 was tabled, along with a series of photos. Aligning the photographic evidence with the effort expressed in the invoice indicated some tasks that were either overstated or unproven. Each invoice line item was reviewed and discussed with the landlord and I consider a partial award of $373.75 (being 50% of the invoiced total) more reasonably reflects tenant liability.
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.
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 tenant removed an external gate and fence. This was immediately obvious to the landlord at exit and neighbouring tenants of this landlord confirmed the removal was undertaken by the tenant late one night just before the tenancy ended.
There were two gate posts left in situ, with the gate gudgeons apparent in the photos provided. The other fencing posts were removed.
The landlord provided an invoice for the cost of replacement. This totalled $1,615.20 and that sum is awarded.
The tenant has not disproved liability for the damage. Based on the remaining posts, the gate and fencing was of relatively recent installation and no depreciation is applied.
The amounts ordered are proved. Filing fee
Because Michael Cooper, Jessica Cooper has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5414375 — Rent arrears at Unit/Flat Flat 4, 220 Old Taupo Road, Hillcrest, Rotorua

At a glance

Tenancy Tribunal case 5414375 — Rent arrears at Unit/Flat Flat 4, 220 Old Taupo Road, Hillcrest, Rotorua

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

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

Frequently asked questions