What was the outcome of Tenancy Tribunal case 5424950?

The tribunal order states: Keegan Tosland, Michael Els, Jake Wilkin and Julian Hikawai to pay Online

How much money was awarded in case 5424950?

Plumbing Bill: $115.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 5424950?

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

Where can I read the official tribunal order for case 5424950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13351166-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5424950?

The tribunal order states: Keegan Tosland, Michael Els, Jake Wilkin and Julian Hikawai to pay Online

How much money was awarded in case 5424950?

Plumbing Bill: $115.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 5424950?

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

Where can I read the official tribunal order for case 5424950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13351166-Tribunal_Order.pdf.

Unit/Flat Unit 2, 23 Tokerau Drive, Rototuna North, Hamilton Tenancy Tribunal Case 5424950 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5424950 — net $1,049.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 January 2026	$750.00	Rent arrears to 26 January 2026
Replacement bins	$184.00	Replacement bins
Plumbing bill	$115.00	Plumbing bill
Net award	$1,049.00
Bond	$2,155.76
Total payable by Tenant to Landlord	$1,049.00

Keegan Tosland, Michael Els, Jake Wilkin and Julian Hikawai to pay Online Rentals Limited As Agent For Lin Gu $1,049.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,155.76 (BN-00022866) immediately apportioned as follows: Online Rentals Limited As Agent For Lin Gu: $1,049.00 Keegan Tosland, Michael Els, Jake Wilkin and Julian Hikawai: $1,106.76

All other claims are dismissed.

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.

The tenancy ended on 26 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants agreed they owe the rent.

The tenants also agreed to pay for replacement bins and the plumbing bill for the insinkerator.

Did the tenants comply with their obligations at the end of the tenancy?

There is a claim for cleaning. The tenants do not agree to pay because they paid their own cleaners at the end of the tenancy. Tenants are required to return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

This is the landlord’s claim to prove. The landlord provided good photos she said were taken on 26 January 2026. I accept the house was not in a reasonable condition. She contacted the tenants and gave them a chance to carry out additional cleaning. The tenants arranged for their cleaner to go back, complete a specific list of cleaning, and provide photos. I have seen five photos the tenants said were taken on 28 January. The landlord went back on 29 January and could not see any improvement, so she did not take more photos. She arranged for further cleaning and there is an invoice for around $300.

I am not persuaded I should allow the claim for cleaning. The five photos the tenants have provided taken on 28 January show a significant improvement. The landlord has not proved the house was not reasonably clean and tidy on 29 January 2026. This claim is dismissed.

Are the tenants responsible for the damage to the premises?

There is a claim for repairs to walls. The 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 tenants 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.

The landlord has provided good photos which show there was damage during the tenancy. The tenants said the damage to the walls was not careless or intentional. They said the halls and the stairwell were so narrow that it was almost impossible to move furniture without damaging the walls. I find the damage was most likely fair wear and tear.

The invoice also includes repairs to paint damage after a draught stopper was removed from a door and for repairs after two screws were removed. I have not been provided with any photos showing there was damage to the door and the wall when these were removed. These claims are not proved.

The claims for repairs are dismissed.

Order

Claims and awards in Tenancy Tribunal application 5424950 — net $1,049.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 January 2026	$750.00	Rent arrears to 26 January 2026
Replacement bins	$184.00	Replacement bins
Plumbing bill	$115.00	Plumbing bill
Net award	$1,049.00
Bond	$2,155.76
Total payable by Tenant to Landlord	$1,049.00

Keegan Tosland, Michael Els, Jake Wilkin and Julian Hikawai to pay Online Rentals Limited As Agent For Lin Gu $1,049.00 from the bond, calculated as shown in table below.

All other claims are dismissed.

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.

The tenancy ended on 26 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants agreed they owe the rent.

The tenants also agreed to pay for replacement bins and the plumbing bill for the insinkerator.

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

The claims for repairs are dismissed.

Tenancy Tribunal case 5424950 — Rent arrears at Unit/Flat Unit 2, 23 Tokerau Drive, Rototuna North, Hamilton

At a glance

Tenancy Tribunal case 5424950 — Rent arrears at Unit/Flat Unit 2, 23 Tokerau Drive, Rototuna North, Hamilton

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions