What was Tenancy Tribunal case 5250239 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As

How much money was awarded in case 5250239?

Cleaning: $471.50 awarded to landlord; Previous Order Application 5199955 D…: $1,184.14 awarded to landlord; Property Damage: $399.05 awarded to landlord; Property Damage: $486.19 awarded to landlord; Rubbish Removal: $389.85 awarded to landlord; Water Rates: $152.01 awarded to landlord

What type of tenancy dispute was case 5250239?

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

Where can I read the official tribunal order for case 5250239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12321596-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5250239 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As

How much money was awarded in case 5250239?

Cleaning: $471.50 awarded to landlord; Previous Order Application 5199955 D…: $1,184.14 awarded to landlord; Property Damage: $399.05 awarded to landlord; Property Damage: $486.19 awarded to landlord; Rubbish Removal: $389.85 awarded to landlord; Water Rates: $152.01 awarded to landlord

What type of tenancy dispute was case 5250239?

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

Where can I read the official tribunal order for case 5250239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12321596-Tenancy_Tribunal_Order.pdf.

23 Mitchell Street, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5250239 — Property damage

Tenantcheck Insights

23 Mitchell Street, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5250239 — 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 5250239 — net $3,082.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5199955 dated 25/03/2025	$1,184.14	Previous order application 5199955 dated 25/03/2025
Water rates	$152.01	Water rates
Cleaning	$471.50	Cleaning
Rubbish removal	$389.85	Rubbish removal
Lock/key replacement	$399.05	Lock/key replacement
Repairs	$486.19	Repairs
Net award	$3,082.74
Total payable by Tenant to Landlord	$3,082.74

Claims and awards for application 5250239 — net $3,082.74 NZD. Verify on MoJ.

Previous order application 5199955 dated 25/03/2025

Amount: $1,184.14
Awarded to: Landlord
Reason: Previous order application 5199955 dated 25/03/2025

Water rates

Amount: $152.01
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $471.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $389.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $399.05
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal Water Rates

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Fend Liu, [The tenant/s] landlord/s], [The tenant/s] landlord/s] $3,082.74 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 25 March 2025 under application 5199955.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. A telephone call was made to the tenants on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
The landlord has applied for compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 25 March 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $152.01.

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 and security devices. 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 landlord provided photos of the premises taken at the end of the tenancy which show that the premises had not been left reasonably clean and tidy and an invoice for cleaning. Further photos were provided of the rubbish which needed to be removed as well as an invoice.
The tenant did not return the keys. The landlord provided an invoice from the locksmith.
The amounts ordered are proven.

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. The landlord is insured. The landlord’s policy of insurance carries an excess on each and every claim of $1,100.00.
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.
Walls were damaged during the tenancy. The landlord provided photos of the damage and an invoice for the repair costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
On 25 March 2025, the Tribunal made an order relating to this tenancy, for rent arrears to 25 March 2025 and the filing fee. The balance remaining outstanding is $1,184.14. The previous order is incorporated into this order for enforcement purposes.

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 5250239 — net $3,082.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5199955 dated 25/03/2025	$1,184.14	Previous order application 5199955 dated 25/03/2025
Water rates	$152.01	Water rates
Cleaning	$471.50	Cleaning
Rubbish removal	$389.85	Rubbish removal
Lock/key replacement	$399.05	Lock/key replacement
Repairs	$486.19	Repairs
Net award	$3,082.74
Total payable by Tenant to Landlord	$3,082.74

Claims and awards for application 5250239 — net $3,082.74 NZD. Verify on MoJ.

Previous order application 5199955 dated 25/03/2025

Amount: $1,184.14
Awarded to: Landlord
Reason: Previous order application 5199955 dated 25/03/2025

Water rates

Amount: $152.01
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $471.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $389.85
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $399.05
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal Water Rates

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Fend Liu, [The tenant/s] landlord/s], [The tenant/s] landlord/s] $3,082.74 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 25 March 2025 under application 5199955.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. A telephone call was made to the tenants on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
The landlord has applied for compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 25 March 2025. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $152.01.

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 and security devices. 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 landlord provided photos of the premises taken at the end of the tenancy which show that the premises had not been left reasonably clean and tidy and an invoice for cleaning. Further photos were provided of the rubbish which needed to be removed as well as an invoice.
The tenant did not return the keys. The landlord provided an invoice from the locksmith.
The amounts ordered are proven.

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. The landlord is insured. The landlord’s policy of insurance carries an excess on each and every claim of $1,100.00.
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.
Walls were damaged during the tenancy. The landlord provided photos of the damage and an invoice for the repair costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
On 25 March 2025, the Tribunal made an order relating to this tenancy, for rent arrears to 25 March 2025 and the filing fee. The balance remaining outstanding is $1,184.14. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 5250239 — Property damage at 23 Mitchell Street, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 5250239 — Property damage at 23 Mitchell Street, Blockhouse Bay, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.