Tenantcheck Insights · Case study
Tenancy Tribunal case 5431200 — Rent arrears at 2B Steeles Lane, Western Heights, Rotorua 3015
Published 13 May 2026 · Application 5431200
Landlord favoured
- Rent arrears
- Exemplary damages
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Rotorua
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,668.18
- Total balance for Tenant to pay Landlord
- $4,668.18
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 12 December 2025 | $1,511.43 | Rent arrears to 12 December 2025 | |
| Lawns and Garden work | $500.00 | Lawns and Garden work | |
| Lock/key replacement | $167.75 | Lock/key replacement | |
| Pest control | $390.00 | Pest control | |
| Rubbish removal: and dump fees | $1,321.00 | Rubbish removal: and dump fees | |
| Exemplary damages- failure to vacate | $750.00 | failure to vacate | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,668.18 | ||
| Total payable by Tenant to Landlord | $4,668.18 |
Claims and awards for application 5431200 — net $4,668.18 NZD. Verify on MoJ.
Rent arrears to 12 December 2025
- Amount
- $1,511.43
- Awarded to
- Landlord
- Reason
- Rent arrears to 12 December 2025
Lawns and Garden work
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Lock/key replacement
- Amount
- $167.75
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Pest control
- Amount
- $390.00
- Awarded to
- Landlord
- Reason
- Pest control
Rubbish removal: and dump fees
- Amount
- $1,321.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: and dump fees
Exemplary damages- failure to vacate
- Amount
- $750.00
- Awarded to
- Landlord
- Reason
- failure to vacate
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $4,668.18
Total payable by Tenant to Landlord
Landlord $4,668.18
Dismissed claims
- Lounge Carpet — Exemplary damages
Claim types — money lines allowed on this order
Order
- Shanelle Rosette Cameron must pay Inspire Property Management Limited As Agent For Pat Zhang (Orange Trust) $4,668.18 immediately, calculated as shown in table below.
Reasons
- The Landlord attended the hearing. The Tenant failed to appear.
- The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent arrears?
- The tenancy ended on 12 December 2025. The Landlord sent a 90 day notice to the tenant on 28 August 2025 for the tenancy to terminate on 27 November 2025. Prior to that date, the Tenant requested extensions to 1 December 2025 and 5 December 2025 which was approved by the Landlord. However, by the 5 December 2025 the Tenant had not moved out. On 12 December 2025, the Landlord finding the Tenant was not at the property, took possession. The landlord provided rent records to 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 failed to leave the premises in a reasonably clean and tidy condition and did not remove all rubbish from the property. A considerable amount of rubbish was left both inside and outside the premises, including a sofa, washing baskets, a clothes rack, containers, concrete debris, grass clippings, and plants. It appeared that little to no cleaning had been undertaken prior to vacating.
- The carpets were heavily soiled and appeared to have dog faeces ground into them. The lino flooring in the kitchen, laundry, and bathroom was dirty. The bathroom shower had not been cleaned and hair was left behind. The kitchen cupboards required wiping down, and the kitchen and bathroom taps were also dirty. In addition, concrete from the front garden area, a large amount of compost, and full rubbish bins were left at the property. The lawns required mowing. The exit inspection report and supporting invoices have been provided to substantiate the costs incurred.
- The tenant did not return the keys. A locksmith attended and an invoice was provided.
- The amounts ordered are proved. Pest control
- The Landlord claimed for pest control due to rat and mice infestation. Photographs of the property showing rat droppings throughout the kitchen cabinets and drawers were provided and an invoice for the pest control attendance.
- 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.
- During the tenancy, the following damage occurred: lounge carpet damage due to dog faeces being ground into the carpet. The Landlord claimed recovery of the insurance excess for replacement of the carpet, alleging that the damage was beyond repair. However, no evidence was provided from the commercial cleaner confirming that the carpet could not be cleaned and required replacement. Following the hearing, the Landlord was given additional time to supply the evidence, but none was received within the timeframe allowed.
- The claim for replacement of the lounge carpet is dismissed. Exemplary damages
- Inspire Property Management Limited As Agent For Pat Zhang (Orange Trust) claims the tenant did not vacate the premises on 5 December 2025 which was the termination date agreed between the parties.
- A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
- Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
- The tenant did not vacate on the termination date. I find they have committed an unlawful act.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
- The Landlord claimed they suffered financial loss due to the Tenant failing to pay the rent, loss of rental income from not being able to re-let the property and costs associated with cleaning the property and repairing damaged items due to the poor condition the tenant left the property in. Because this occurred in December it was also a difficult time to secure new tenants.
- In considering the evidence, I find that the Tenant committed an unlawful act by failing to vacate the premises on 5 December 2025. The Tenant had stopped paying rent so the Landlord lost rental income and was unable to rent the property out. The time taken for the Landlord to undertake repairs and cleaning would have incurred further loss of rental income. As this appears to be the first unlawful breach committed by the Tenant that I am aware of, I consider it appropriate to award exemplary damages in the sum of $750.00, being approximately one-third of the maximum amount available.
- As the Landlord has been substantially successful in their application, the Tenant is ordered to reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s109(3), s19, s40(1), s40(2), s40(3A), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: exemplary damages
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5431200?
The tribunal order states: Shanelle Rosette Cameron must pay Inspire Property Management Limited As
How much money was awarded in case 5431200?
Property Damage: $750.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Pest Control: $390.00 awarded to landlord; Property Damage: $167.75 awarded to landlord; Rent Arrears: $1,511.43 awarded to landlord; Rubbish Removal: $1,321.00 awarded to landlord
What type of tenancy dispute was case 5431200?
The primary dispute was Rent arrears. Related themes: Exemplary damages, Property damage.
Where can I read the official tribunal order for case 5431200?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13572063-Tenancy_Tribunal_Order.pdf.