What was the outcome of Tenancy Tribunal case 5148892?

The tribunal order states: Sua Sione must pay Pro Management (Auckland) Limited As Agents For

How much money was awarded in case 5148892?

Cleaning: $700.00 awarded to landlord; Cleaning: $188.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $6,004.00 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord

What type of tenancy dispute was case 5148892?

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

Where can I read the official tribunal order for case 5148892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745504-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5148892?

The tribunal order states: Sua Sione must pay Pro Management (Auckland) Limited As Agents For

How much money was awarded in case 5148892?

Cleaning: $700.00 awarded to landlord; Cleaning: $188.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $6,004.00 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord

What type of tenancy dispute was case 5148892?

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

Where can I read the official tribunal order for case 5148892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745504-Tenancy_Tribunal_Order.pdf.

12 Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5148892 — Rent arrears

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12 Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5148892 — 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 5148892 — net $5,778.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,004.00	Rent arrears
Cleaning	$700.00	Cleaning
Rubbish removal	$632.50	Rubbish removal
Compensation to new tenant for cleaning	$188.28	Compensation to new tenant for cleaning
Lock/key replacement	$241.50	Lock/key replacement
Repairs Blinds and Oven	$225.00	Repairs Blinds and Oven
Filing fee	$27.00	Filing fee
Net award	$5,778.28
Total payable by Tenant to Landlord	$5,778.28

Claims and awards for application 5148892 — net $5,778.28 NZD. Verify on MoJ.

Rent arrears

Amount: $6,004.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $632.50
Awarded to: Landlord
Reason: Rubbish removal

Compensation to new tenant for cleaning

Amount: $188.28
Awarded to: Landlord
Reason: Compensation to new tenant for cleaning

Lock/key replacement

Amount: $241.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Sua Sione must pay Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang $5,778.28 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 to Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang immediately.

Reasons

The landlord attended the hearing. Two attempts were made to reach the tenant and one to reach her son at the numbers provided, but no contact could be made. The interpreter who had been arranged was therefore not required.
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 3 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,004.00. The amount ordered is proved.

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 and return all keys. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs which showed that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was rubbish, debris and abandoned furniture inside and outside the property. The landlord claimed $632.00 for a skip hire and $700.00 for cleaning and provided invoices for those amounts.
The landlord said that the new tenant had undertaken a lot of the cleaning and clearing and accordingly her rent has been deducted by two days, which comes to $188.28.
The tenant did not return the keys and the landlord provided an invoice for $241.50 for lock replacement.
The amounts ordered are proved.
The landlord also claimed replacement costs of some oven racks and dish, which came to $209.30 and the cost of replacement and installation of some venetian blinds, which comes to $275.50.
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 provided photographs showing rusty oven racks and damaged blinds. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The property manager was unsure of the age of the items. I note that the tenancy started in 2020 and so there would be some depreciation. I have decided that $100 is reasonable for the oven items and $125 for the replacement blinds.
Because Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang 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 5148892 — net $5,778.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,004.00	Rent arrears
Cleaning	$700.00	Cleaning
Rubbish removal	$632.50	Rubbish removal
Compensation to new tenant for cleaning	$188.28	Compensation to new tenant for cleaning
Lock/key replacement	$241.50	Lock/key replacement
Repairs Blinds and Oven	$225.00	Repairs Blinds and Oven
Filing fee	$27.00	Filing fee
Net award	$5,778.28
Total payable by Tenant to Landlord	$5,778.28

Claims and awards for application 5148892 — net $5,778.28 NZD. Verify on MoJ.

Rent arrears

Amount: $6,004.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $632.50
Awarded to: Landlord
Reason: Rubbish removal

Compensation to new tenant for cleaning

Amount: $188.28
Awarded to: Landlord
Reason: Compensation to new tenant for cleaning

Lock/key replacement

Amount: $241.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Sua Sione must pay Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang $5,778.28 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 to Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang immediately.

Reasons

The landlord attended the hearing. Two attempts were made to reach the tenant and one to reach her son at the numbers provided, but no contact could be made. The interpreter who had been arranged was therefore not required.
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 3 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,004.00. The amount ordered is proved.

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 and return all keys. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs which showed that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was rubbish, debris and abandoned furniture inside and outside the property. The landlord claimed $632.00 for a skip hire and $700.00 for cleaning and provided invoices for those amounts.
The landlord said that the new tenant had undertaken a lot of the cleaning and clearing and accordingly her rent has been deducted by two days, which comes to $188.28.
The tenant did not return the keys and the landlord provided an invoice for $241.50 for lock replacement.
The amounts ordered are proved.
The landlord also claimed replacement costs of some oven racks and dish, which came to $209.30 and the cost of replacement and installation of some venetian blinds, which comes to $275.50.
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 provided photographs showing rusty oven racks and damaged blinds. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The property manager was unsure of the age of the items. I note that the tenancy started in 2020 and so there would be some depreciation. I have decided that $100 is reasonable for the oven items and $125 for the replacement blinds.
Because Pro Management (Auckland) Limited As Agents For Yongshi & Zhe Huang & Wang has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5148892 — Rent arrears at 12 Clayton Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5148892 — Rent arrears at 12 Clayton Road, Manurewa, Auckland 2102

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions