What was Tenancy Tribunal case 5136709 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 5136709?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Piano Removal: $100.00 awarded to landlord; Rent Arrears: $7,831.29 awarded to landlord; Replace Furnishings: Curtains: $75.00 awarded to landlord

What type of tenancy dispute was case 5136709?

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

Where can I read the official tribunal order for case 5136709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11943425-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5136709 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 5136709?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Piano Removal: $100.00 awarded to landlord; Rent Arrears: $7,831.29 awarded to landlord; Replace Furnishings: Curtains: $75.00 awarded to landlord

What type of tenancy dispute was case 5136709?

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

Where can I read the official tribunal order for case 5136709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11943425-Tribunal_Order_Redacted.pdf.

12A Tanglewood Place, Cockle Bay, Auckland 2014 Tenancy Tribunal Case 5136709 — Rent arrears

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12A Tanglewood Place, Cockle Bay, Auckland 2014 Tenancy Tribunal Case 5136709 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5136709 — net $8,533.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,831.29	Rent arrears
Cleaning	$500.00	Cleaning
Piano removal	$100.00	Piano removal
Replace furnishings: curtains	$75.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,533.29
Total payable by Tenant to Landlord	$8,533.29

Claims and awards for application 5136709 — net $8,533.29 NZD. Verify on MoJ.

Rent arrears

Amount: $7,831.29
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Piano removal

Amount: $100.00
Awarded to: Landlord
Reason: Piano removal

Replace furnishings: curtains

Amount: $75.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Service on the tenant is dispensed with.
Owen Aue Aerenga must pay [The landlord/s] $8,533.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,831.29 Cleaning$500.00 Piano removal$100.00 Replace furnishings: curtains$75.00 Filing fee reimbursement$27.00 Total award$8,533.29 Total payable by Tenant to Landlord$8,533.29

Reasons

The landlord attended the hearing.
The tenant was telephoned but did not answer.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Service
The landlord made application to the Tribunal on 17 January 2025 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord does not have a contact address for the tenant that has been given to them in writing within the last two months. The landlord has not been able to determine the tenant’s current address or whereabouts and has no knowledge of the tenant having an authorised agent or solicitor.
This application was emailed to the tenant at an email address with which the landlord has corresponded with the tenant in the past. The landlord advised that none of the emails it has sent to the tenant have been returned. The email address therefore appears to be still current and active.
The application has also been sent by text message to the tenant’s telephone number which was provided in the tenancy agreement.
The Tribunal is satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. Emailing to a longstanding email address given as an address for service by the tenant is likely to have brought notice of the application to the tenant’s attention.
In accordance with section 91B(2) RTA, the Tribunal directs that the requirement for service is dispensed with.

How much is owed for rent?

The tenancy ended on 14 October 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant left behind a piano that had to removed.
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 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 landlord gave evidence that curtains in the property were damaged and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered 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 am required to take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord advised that the curtains were six years old. The Inland Revenue Department’s depreciation schedule shows that curtains have a life eight years. An amount has been awarded reflecting that the curtains had only two more years of usefulness, but that they were serviceable and would not have required replacement but for the actions of the tenant.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5136709 — net $8,533.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,831.29	Rent arrears
Cleaning	$500.00	Cleaning
Piano removal	$100.00	Piano removal
Replace furnishings: curtains	$75.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,533.29
Total payable by Tenant to Landlord	$8,533.29

Claims and awards for application 5136709 — net $8,533.29 NZD. Verify on MoJ.

Rent arrears

Amount: $7,831.29
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Piano removal

Amount: $100.00
Awarded to: Landlord
Reason: Piano removal

Replace furnishings: curtains

Amount: $75.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Service on the tenant is dispensed with.
Owen Aue Aerenga must pay [The landlord/s] $8,533.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,831.29 Cleaning$500.00 Piano removal$100.00 Replace furnishings: curtains$75.00 Filing fee reimbursement$27.00 Total award$8,533.29 Total payable by Tenant to Landlord$8,533.29

Reasons

The landlord attended the hearing.
The tenant was telephoned but did not answer.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Service
The landlord made application to the Tribunal on 17 January 2025 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord does not have a contact address for the tenant that has been given to them in writing within the last two months. The landlord has not been able to determine the tenant’s current address or whereabouts and has no knowledge of the tenant having an authorised agent or solicitor.
This application was emailed to the tenant at an email address with which the landlord has corresponded with the tenant in the past. The landlord advised that none of the emails it has sent to the tenant have been returned. The email address therefore appears to be still current and active.
The application has also been sent by text message to the tenant’s telephone number which was provided in the tenancy agreement.
The Tribunal is satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. Emailing to a longstanding email address given as an address for service by the tenant is likely to have brought notice of the application to the tenant’s attention.
In accordance with section 91B(2) RTA, the Tribunal directs that the requirement for service is dispensed with.

How much is owed for rent?

The tenancy ended on 14 October 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant left behind a piano that had to removed.
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 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 landlord gave evidence that curtains in the property were damaged and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered 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 am required to take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord advised that the curtains were six years old. The Inland Revenue Department’s depreciation schedule shows that curtains have a life eight years. An amount has been awarded reflecting that the curtains had only two more years of usefulness, but that they were serviceable and would not have required replacement but for the actions of the tenant.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5136709 — Rent arrears at 12A Tanglewood Place, Cockle Bay, Auckland 2014

At a glance

Tenancy Tribunal case 5136709 — Rent arrears at 12A Tanglewood Place, Cockle Bay, Auckland 2014

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