What was the outcome of Tenancy Tribunal case 5218611?

The tribunal order states: Troyden Francis Scott must pay Theta Management Limited $4,619.82

How much money was awarded in case 5218611?

Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5150994 D…: $537.75 awarded to landlord; Property Damage: $4,887.50 awarded to landlord; Rent Arrears: $71.43 awarded to tenant; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5218611?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5218611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12001006-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5218611?

The tribunal order states: Troyden Francis Scott must pay Theta Management Limited $4,619.82

How much money was awarded in case 5218611?

Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5150994 D…: $537.75 awarded to landlord; Property Damage: $4,887.50 awarded to landlord; Rent Arrears: $71.43 awarded to tenant; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5218611?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5218611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12001006-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010, Tenancy Tribunal Case 5218611 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010, Tenancy Tribunal Case 5218611 — Property damage | 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 5218611 — net $4,619.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5150994 dated	$537.75		Previous order application 5150994 dated
Rubbish removal	$345.00		Rubbish removal
Cleaning	$414.00		Cleaning
Repairs	$4,887.50		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent arrears (credit		$71.43	Rent arrears (credit
Total award	$6,211.25	$71.43
Net award	$4,619.82
Total payable by Tenant to Landlord	$4,619.82

Claims and awards for application 5218611 — net $4,619.82 NZD. Verify on MoJ.

Previous order application 5150994 dated

Amount: $537.75
Awarded to: Landlord
Reason: Previous order application 5150994 dated

Rubbish removal

Amount: $345.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $4,887.50
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Troyden Francis Scott must pay Theta Management Limited $4,619.82 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 18 February 2025 under application 5150994.
The Bond Centre is to pay the bond of $1,520.00 (6359767-017) to Theta Management Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The Tribunal made an order 1 on 18 February 2025 terminating the tenancy and awarding rent arrears to 18 February 2025. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

At today’s hearing the landlord has claimed rent arrears from 19 February 2025 to 10 March 2025 when possession was obtained of the premises with the assistance of the Bailiff. The tenant paid $1500.00 toward rent after 18 February 2025. Therefore, the rent is not in arrears and instead there is a rent credit of $71.43.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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).
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). Where 1 TT5150994 insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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: graffiti on walls, carpet and furniture. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Theta Management Limited 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 5218611 — net $4,619.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5150994 dated	$537.75		Previous order application 5150994 dated
Rubbish removal	$345.00		Rubbish removal
Cleaning	$414.00		Cleaning
Repairs	$4,887.50		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent arrears (credit		$71.43	Rent arrears (credit
Total award	$6,211.25	$71.43
Net award	$4,619.82
Total payable by Tenant to Landlord	$4,619.82

Claims and awards for application 5218611 — net $4,619.82 NZD. Verify on MoJ.

Previous order application 5150994 dated

Amount: $537.75
Awarded to: Landlord
Reason: Previous order application 5150994 dated

Rubbish removal

Amount: $345.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $4,887.50
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Troyden Francis Scott must pay Theta Management Limited $4,619.82 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 18 February 2025 under application 5150994.
The Bond Centre is to pay the bond of $1,520.00 (6359767-017) to Theta Management Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The Tribunal made an order 1 on 18 February 2025 terminating the tenancy and awarding rent arrears to 18 February 2025. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

At today’s hearing the landlord has claimed rent arrears from 19 February 2025 to 10 March 2025 when possession was obtained of the premises with the assistance of the Bailiff. The tenant paid $1500.00 toward rent after 18 February 2025. Therefore, the rent is not in arrears and instead there is a rent credit of $71.43.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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).
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). Where 1 TT5150994 insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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: graffiti on walls, carpet and furniture. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Theta Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5218611 — Property damage at Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010,

At a glance

Tenancy Tribunal case 5218611 — Property damage at Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010,

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

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions