What was Tenancy Tribunal case 5254380 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 5254380?

Filing Fee: $27.00 awarded to landlord; Property Damage: $10,000.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rubbish Removal: $914.25 awarded to landlord; Water Rates: $200.61 awarded to landlord

What type of tenancy dispute was case 5254380?

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

Where can I read the official tribunal order for case 5254380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12295728-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5254380 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 5254380?

Filing Fee: $27.00 awarded to landlord; Property Damage: $10,000.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rubbish Removal: $914.25 awarded to landlord; Water Rates: $200.61 awarded to landlord

What type of tenancy dispute was case 5254380?

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

Where can I read the official tribunal order for case 5254380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12295728-Tribunal_Order_Redacted.pdf.

277 Hobsonville Road, Hobsonville, Auckland 0618 Tenancy Tribunal Case 5254380 — Property damage

Tenantcheck Insights

277 Hobsonville Road, Hobsonville, Auckland 0618 Tenancy Tribunal Case 5254380 — 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 5254380 — net $8,784.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Water rates	$200.61	Water rates
Rubbish removal	$914.25	Rubbish removal
Insurance excess (Tower Insurance	$10,000.00	Insurance excess (Tower Insurance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,784.72
Total payable by Tenant to Landlord	$8,784.72

Claims and awards for application 5254380 — net $8,784.72 NZD. Verify on MoJ.

Rent arrears

Amount: $642.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $200.61
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $914.25
Awarded to: Landlord
Reason: Rubbish removal

Insurance excess (Tower Insurance

Amount: $10,000.00
Awarded to: Landlord
Reason: Insurance excess (Tower Insurance

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Ebony-rose Morehu must pay [The landlord/s] $8,784.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing and was assisted by the court appointed Mandarin interpreter. There was no attendance by the tenant.
The landlord has applied for rent and water 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 arrears?

The tenancy ended on 27 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for rent debt and outstanding water charges.
The claim for rent and water arrears are proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not remove all rubbish and personal belonging at the end of the tenancy.
The landlord provided an exit inspection report with photographs taken on 25 April 2025 confirming extensive rubbish left outside the property by the tenant. The landlord advised that the tenant did not return to remove the rubbish.
The landlord provided an invoice from Aaronick Cleaning Services Limited dated 18 June 2025 for $914.25 in support of this claim. Having sighted the evidence filed in support by the landlord I am satisfied the tenant breached her obligations in this regard.
The amount ordered for rubbish removal is 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 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.
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 Tower insurance email report dated 16 June 2025 confirmed the following intentional damaged caused during the tenancy:
Lounge • Carpet damage • Damage to walls • Curtain damage • Damage to window stays
Dining room • Carpet damage • Curtain damage • Damage to glass pane in sliding door to garage
Kitchen • Damage to cabinet doors • Damage to wall linings and wallpaper
Laundry • Damage to wall linings • Damaged door frame • Damage to door hardware
Hallway • Damage to carpet • Damage to wall linings
Bedroom 1 • Damage to carpet • Damage to wall linings • Curtain damage • Damage to window stays • Damage to door hardware • Missing door stops
Bedroom 2 • Damage to carpets • Damage to wall linings • Curtain damage • Damage to window stays • Missing door stops
Bedroom 3 • Damage to carpets • Damage to wall linings • Curtain damage • Damage to window stays • Missing door stops
Bedroom 4/office • Damage to carpets • Damage to wall linings • Damage to blinds • Missing door stops
Bathroom • Damage to shub floor • Damage to vanity • Damage to hallway door • Missing towel rail • Damage to door hardware
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Having sighted the insurance report and the comprehensive exit inspection evidence I am entirely satisfied that the damage is intentional. I have also sighted the Tower insurance report confirming the insurance excess of $1,000.00 for each multi event claim along with the entry inspection report dated 1 February 2023 confirming the state of the property at the start of the tenancy.
The landlord’s claim for reimbursement of the insurance excess is proven.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 5254380 — net $8,784.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Water rates	$200.61	Water rates
Rubbish removal	$914.25	Rubbish removal
Insurance excess (Tower Insurance	$10,000.00	Insurance excess (Tower Insurance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,784.72
Total payable by Tenant to Landlord	$8,784.72

Claims and awards for application 5254380 — net $8,784.72 NZD. Verify on MoJ.

Rent arrears

Amount: $642.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $200.61
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $914.25
Awarded to: Landlord
Reason: Rubbish removal

Insurance excess (Tower Insurance

Amount: $10,000.00
Awarded to: Landlord
Reason: Insurance excess (Tower Insurance

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Ebony-rose Morehu must pay [The landlord/s] $8,784.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing and was assisted by the court appointed Mandarin interpreter. There was no attendance by the tenant.
The landlord has applied for rent and water 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 arrears?

The tenancy ended on 27 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for rent debt and outstanding water charges.
The claim for rent and water arrears are proven.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not remove all rubbish and personal belonging at the end of the tenancy.
The landlord provided an exit inspection report with photographs taken on 25 April 2025 confirming extensive rubbish left outside the property by the tenant. The landlord advised that the tenant did not return to remove the rubbish.
The landlord provided an invoice from Aaronick Cleaning Services Limited dated 18 June 2025 for $914.25 in support of this claim. Having sighted the evidence filed in support by the landlord I am satisfied the tenant breached her obligations in this regard.
The amount ordered for rubbish removal is 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 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.
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 Tower insurance email report dated 16 June 2025 confirmed the following intentional damaged caused during the tenancy:
Lounge • Carpet damage • Damage to walls • Curtain damage • Damage to window stays
Dining room • Carpet damage • Curtain damage • Damage to glass pane in sliding door to garage
Kitchen • Damage to cabinet doors • Damage to wall linings and wallpaper
Laundry • Damage to wall linings • Damaged door frame • Damage to door hardware
Hallway • Damage to carpet • Damage to wall linings
Bedroom 1 • Damage to carpet • Damage to wall linings • Curtain damage • Damage to window stays • Damage to door hardware • Missing door stops
Bedroom 2 • Damage to carpets • Damage to wall linings • Curtain damage • Damage to window stays • Missing door stops
Bedroom 3 • Damage to carpets • Damage to wall linings • Curtain damage • Damage to window stays • Missing door stops
Bedroom 4/office • Damage to carpets • Damage to wall linings • Damage to blinds • Missing door stops
Bathroom • Damage to shub floor • Damage to vanity • Damage to hallway door • Missing towel rail • Damage to door hardware
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Having sighted the insurance report and the comprehensive exit inspection evidence I am entirely satisfied that the damage is intentional. I have also sighted the Tower insurance report confirming the insurance excess of $1,000.00 for each multi event claim along with the entry inspection report dated 1 February 2023 confirming the state of the property at the start of the tenancy.
The landlord’s claim for reimbursement of the insurance excess is proven.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5254380 — Property damage at 277 Hobsonville Road, Hobsonville, Auckland 0618

At a glance

Tenancy Tribunal case 5254380 — Property damage at 277 Hobsonville Road, Hobsonville, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water arrears?

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 arrears?

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