What was Tenancy Tribunal case 5242552 about?

The tribunal order states: The tenancy address was formerly 2 Pangu Way, Mangere, Auckland 2022

How much money was awarded in case 5242552?

Break Lease Fee: $602.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,648.51 awarded to landlord; Bedroom Wall: $109.25 awarded to landlord; Door Frame: $253.00 awarded to landlord; Door Handle: $132.25 awarded to landlord; Garage Wall: $103.50 awarded to landlord; Lounge Wall: $149.50 awarded to landlord; Sink Plug: $126.50 awarded to landlord

What type of tenancy dispute was case 5242552?

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

Where can I read the official tribunal order for case 5242552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12258419-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5242552 about?

The tribunal order states: The tenancy address was formerly 2 Pangu Way, Mangere, Auckland 2022

How much money was awarded in case 5242552?

Break Lease Fee: $602.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,648.51 awarded to landlord; Bedroom Wall: $109.25 awarded to landlord; Door Frame: $253.00 awarded to landlord; Door Handle: $132.25 awarded to landlord; Garage Wall: $103.50 awarded to landlord; Lounge Wall: $149.50 awarded to landlord; Sink Plug: $126.50 awarded to landlord

What type of tenancy dispute was case 5242552?

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

Where can I read the official tribunal order for case 5242552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12258419-Tribunal_Order_Redacted.pdf.

2 Pangu Way, Mangere, Auckland 2022 Tenancy Tribunal Case 5242552 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5242552 — net $691.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$1,648.51	Rent arrears to 26 March 2025
Repairs: Door frame	$253.00	Repairs: Door frame
Cleaning	$100.00	Cleaning
Repairs: Sink plug	$126.50	Repairs: Sink plug
Repairs: Lounge wall	$149.50	Repairs: Lounge wall
Repairs: Bedroom wall	$109.25	Repairs: Bedroom wall
Repairs: Garage wall	$103.50	Repairs: Garage wall
Repairs: Door handle	$132.25	Repairs: Door handle
Break lease fee	$602.00	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$691.51
Total payable by Tenant to Landlord	$691.51

The tenancy address was formerly 2 Pangu Way, Mangere, Auckland 2022

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Analupe Tavake, Koli Tavake and Seini Tavake must pay [The landlord/s] $691.51 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend 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.

How much is owed for rent and water rates?

The tenancy began on 12 October 2024 and was for a fixed term due to end on 12 October 2025. The parties agreed for the tenancy to end early. The new tenancy commenced on 27 March 2025. The tenant is therefore liable for rent arrears to 26 March 2025, which is ordered.

The landlord also claims a break lease fee which is ordered.

The water rates invoice submitted by the landlord shows that the meter was read on 31 March 2025 which is after the new tenancy commenced. It is not clear in the evidence when this tenant moved out of the premises, but it is before 19 March 2025 which is when the outgoing inspection took place, and the report shows that the premises were vacant.

The water rates invoice contains water used for a period when the tenant was not at the premises. I am unable to determine how much water the tenant has consumed and given that the Residential Tenancies Act 1986 1 requires that water is charged based on consumption the water claim is not awarded.

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 landlord claimed for cleaning and rubbish removal.

Overall, the tenant did leave the premises reasonably clean and tidy. The only exception I see in the outgoing report is that the oven and laundry tub were not reasonably clean. I have therefore reduced the claim for cleaning accordingly.

The landlord claimed for rubbish removal, but I don’t accept that there is sufficient evidence of rubbish requiring removal. There was drink can and a very small amount of residual rubbish in the bottom of the wheelie bin and a 1 Section 39 small amount of paper on the lawn, but neither of these warrant rubbish removal as claimed. That claim is dismissed.

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 following damage was caused during the tenancy: broken door frame, damaged sink plug, damaged walls in bedroom, lounge and garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord had claimed for repairing a door and replacing the toilet cistern but there was no evidence produced to support these claims. I note that there was no mention of this damage in the comments of the outgoing inspection report, and it is not clear from any of the photographs. Those claims are dismissed.

The landlord claimed for repair of the lawn. At the beginning of the tenancy there were areas of the lawn which were bare earth. At the end of the tenancy the amount of bare space on the lawn area was much bigger. It is not clear why the lawn did not grow in these areas. It may have been due to the weather, or the lawn was not laid correctly. Because of where the grass has not grown, I do not think that it can be due to the tenant parking a vehicle or anything else on it resulting in the grass not growing. If it is due to the weather, it is not clear that it is the responsibility of the tenant to water the lawn. Because of the ingoing report photographs it seems that the problem with the lawn was preexisting and got worse during this short tenancy.

The landlord has not carried out the repairs to the lawn over the five-month period since the tenancy ended and has only produced a quote. As there is no evidence of what caused damage to the lawn, I am not satisfied that it is due to any action of the tenant. It is likely to be a maintenance issue for the landlord. The claim is dismissed.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the name of the landlord is suppressed as sought.

Claims and awards in Tenancy Tribunal application 5242552 — net $691.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$1,648.51	Rent arrears to 26 March 2025
Repairs: Door frame	$253.00	Repairs: Door frame
Cleaning	$100.00	Cleaning
Repairs: Sink plug	$126.50	Repairs: Sink plug
Repairs: Lounge wall	$149.50	Repairs: Lounge wall
Repairs: Bedroom wall	$109.25	Repairs: Bedroom wall
Repairs: Garage wall	$103.50	Repairs: Garage wall
Repairs: Door handle	$132.25	Repairs: Door handle
Break lease fee	$602.00	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$691.51
Total payable by Tenant to Landlord	$691.51

Order

The tenancy address was formerly 2 Pangu Way, Mangere, Auckland 2022
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Analupe Tavake, Koli Tavake and Seini Tavake must pay [The landlord/s] $691.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend 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.

How much is owed for rent and water rates?

The tenancy began on 12 October 2024 and was for a fixed term due to end on 12 October 2025. The parties agreed for the tenancy to end early. The new tenancy commenced on 27 March 2025. The tenant is therefore liable for rent arrears to 26 March 2025, which is ordered.
The landlord also claims a break lease fee which is ordered.
The water rates invoice submitted by the landlord shows that the meter was read on 31 March 2025 which is after the new tenancy commenced. It is not clear in the evidence when this tenant moved out of the premises, but it is before 19 March 2025 which is when the outgoing inspection took place, and the report shows that the premises were vacant.
The water rates invoice contains water used for a period when the tenant was not at the premises. I am unable to determine how much water the tenant has consumed and given that the Residential Tenancies Act 1986 1 requires that water is charged based on consumption the water claim is not awarded.

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 landlord claimed for cleaning and rubbish removal.
Overall, the tenant did leave the premises reasonably clean and tidy. The only exception I see in the outgoing report is that the oven and laundry tub were not reasonably clean. I have therefore reduced the claim for cleaning accordingly.
The landlord claimed for rubbish removal, but I don’t accept that there is sufficient evidence of rubbish requiring removal. There was drink can and a very small amount of residual rubbish in the bottom of the wheelie bin and a 1 Section 39 small amount of paper on the lawn, but neither of these warrant rubbish removal as claimed. That claim is dismissed.

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 following damage was caused during the tenancy: broken door frame, damaged sink plug, damaged walls in bedroom, lounge and garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had claimed for repairing a door and replacing the toilet cistern but there was no evidence produced to support these claims. I note that there was no mention of this damage in the comments of the outgoing inspection report, and it is not clear from any of the photographs. Those claims are dismissed.
The landlord claimed for repair of the lawn. At the beginning of the tenancy there were areas of the lawn which were bare earth. At the end of the tenancy the amount of bare space on the lawn area was much bigger. It is not clear why the lawn did not grow in these areas. It may have been due to the weather, or the lawn was not laid correctly. Because of where the grass has not grown, I do not think that it can be due to the tenant parking a vehicle or anything else on it resulting in the grass not growing. If it is due to the weather, it is not clear that it is the responsibility of the tenant to water the lawn. Because of the ingoing report photographs it seems that the problem with the lawn was preexisting and got worse during this short tenancy.
The landlord has not carried out the repairs to the lawn over the five-month period since the tenancy ended and has only produced a quote. As there is no evidence of what caused damage to the lawn, I am not satisfied that it is due to any action of the tenant. It is likely to be a maintenance issue for the landlord. The claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the name of the landlord is suppressed as sought.

Tenancy Tribunal case 5242552 — Rent arrears at 2 Pangu Way, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5242552 — Rent arrears at 2 Pangu Way, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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