What was the outcome of Tenancy Tribunal case 5414653?

The tribunal order states: CHERYL TUTAKI and Ture-Pakira Richard Te Rae Kereopa must pay Active

How much money was awarded in case 5414653?

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 5414653?

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

Where can I read the official tribunal order for case 5414653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13638083-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5414653?

The tribunal order states: CHERYL TUTAKI and Ture-Pakira Richard Te Rae Kereopa must pay Active

How much money was awarded in case 5414653?

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 5414653?

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

Where can I read the official tribunal order for case 5414653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13638083-Tenancy_Tribunal_Order.pdf.

51 Huia Street, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 5414653 — Property damage

Order

CHERYL TUTAKI and Ture-Pakira Richard Te Rae Kereopa must pay Active Property Management Ruapehu Limited As Agent For Noel Richmond $3,665.07 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears and compensation.

How much is owed for rent?

The tenancy ended on 14 November 2025 but the Tenant did not vacate until 27 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 Lawns required mowing. The Tenant left behind furniture and multiple black rubbish bags both in the exterior and interior. There were carpet stains and general cleaning required. There were finger marks on the walls, a dirty bathroom toilet and kitchen, dirt marks in the cupboards and spill marks on the floor.
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 following damage was caused during the tenancy: Broken back door window, broken back door lock, blocked shower and broken rollers, damaged wall patches and painting.The Landlord provided exit and entry inspection reports and invoices for the repairs. The shower was blocked with toys and the rollers were broken. The Tenant attempted to repair the wall damage however the paint was a different colour. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.

Order

CHERYL TUTAKI and Ture-Pakira Richard Te Rae Kereopa must pay Active Property Management Ruapehu Limited As Agent For Noel Richmond $3,665.07 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears and compensation.

How much is owed for rent?

The tenancy ended on 14 November 2025 but the Tenant did not vacate until 27 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 Lawns required mowing. The Tenant left behind furniture and multiple black rubbish bags both in the exterior and interior. There were carpet stains and general cleaning required. There were finger marks on the walls, a dirty bathroom toilet and kitchen, dirt marks in the cupboards and spill marks on the floor.
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 following damage was caused during the tenancy: Broken back door window, broken back door lock, blocked shower and broken rollers, damaged wall patches and painting.The Landlord provided exit and entry inspection reports and invoices for the repairs. The shower was blocked with toys and the rollers were broken. The Tenant attempted to repair the wall damage however the paint was a different colour. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.

Tenancy Tribunal case 5414653 — Property damage at 51 Huia Street, Taumarunui, Taumarunui 3920

Tenancy Tribunal case 5414653 — Property damage at 51 Huia Street, Taumarunui, Taumarunui 3920

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