What was the outcome of Tenancy Tribunal case 5261919?

The tribunal order states: The Bond Centre is to pay the bond of $2,360.00 (3525800-007) to Client First

How much money was awarded in case 5261919?

Cleaning: $287.50 awarded to landlord; Cleaning: $230.00 awarded to landlord; Eviction Cost: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $138.00 awarded to landlord; Property Damage: $336.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Rent Arrears: $2,730.86 awarded to landlord; Rubbish Removal: $379.50 awarded to landlord; Water Rates: $722.02 awarded to landlord

What type of tenancy dispute was case 5261919?

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

Where can I read the official tribunal order for case 5261919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293661-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5261919?

The tribunal order states: The Bond Centre is to pay the bond of $2,360.00 (3525800-007) to Client First

How much money was awarded in case 5261919?

Cleaning: $287.50 awarded to landlord; Cleaning: $230.00 awarded to landlord; Eviction Cost: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $138.00 awarded to landlord; Property Damage: $336.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Rent Arrears: $2,730.86 awarded to landlord; Rubbish Removal: $379.50 awarded to landlord; Water Rates: $722.02 awarded to landlord

What type of tenancy dispute was case 5261919?

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

Where can I read the official tribunal order for case 5261919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293661-Tenancy_Tribunal_Order.pdf.

17 Mon Desir Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5261919 — Rent arrears

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17 Mon Desir Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5261919 — 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 5261919 — net $3,381.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,730.86	Rent arrears
Water rates	$722.02	Water rates
Eviction cost	$258.00	Eviction cost
Lock/key replacement	$336.00	Lock/key replacement
Cleaning	$230.00	Cleaning
Carpet Cleaning	$287.50	Carpet Cleaning
Lawns and Garden work	$138.00	Lawns and Garden work
Rubbish removal	$379.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Compensation wall damage	$632.50	Compensation wall damage
Net award	$3,381.38
Total payable by Tenant to Landlord	$3,381.38

Claims and awards for application 5261919 — net $3,381.38 NZD. Verify on MoJ.

Rent arrears

Amount: $2,730.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $722.02
Awarded to: Landlord
Reason: Water rates

Eviction cost

Amount: $258.00
Awarded to: Landlord
Reason: Eviction cost

Lock/key replacement

Amount: $336.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

The Bond Centre is to pay the bond of $2,360.00 (3525800-007) to Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management immediately.
Patricia Heem must pay Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management $3381.38 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$2,730.86 Water rates$722.02 Eviction cost$258.00 Lock/key replacement$336.00 Cleaning$230.00 Carpet Cleaning$287.50 Lawns and Garden work$138.00 Rubbish removal$379.50 Filing fee reimbursement Compensation wall damage $27.00
50 Total award$5,741.38 Minus Bond-$2,360.00 Total payable by Tenant to Landlord$3,381.38

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. I have checked and the tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in her absence.
The landlord has applied for rent arrears, water bills, 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 ended on 3 April 2025 by eviction. The landlord provided rent records showing $2730.00 in arrears as of 18 August 2025 and water rates invoices of $722.02. owing at the end of the tenancy.
I am satisfied that the landlord has proven their claims for rent arrears and water bills.
The tenant has been paying $30.00 per week towards the cost of the rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The keys had to be changed after the eviction.
The landlord provided the Tribunal with a pre let inspection report and photos and an exit inspection and photos. In addition, the landlord provided invoices for the cost of the remedial work required at the end of the tenancy.
The invoice from Green n Clean dated 14 April 2025 covered the work carried out on cleaning, carpet cleaning, rubbish removal and lawn and garden work.
The invoice from Manukau Lock and Alarm limited dated 4 April 2025 covered the cost of the key and lock replacement after the eviction.
The landlord incurred $258.00 in the cost of the eviction of the tenant.
I am satisfied that the landlord has proven their claims and 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. 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 following damage was caused during the tenancy: -Dents, holes, drawings, and scrapes on the walls by front door, master bedroom, and hallway.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided invoices for the cost of the repair and photos of the damage. The cost of the repairs carried out by WMS Maintenance was $632.50 to patch, sand and repaint walls.
The home had been fully refurbished at the start of the tenancy. I am satisfied that the landlords claim for the repairs of damage to the property are proven.
Because Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management has wholly succeeded with the claim I must reimburse the filing fee.
The Bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.

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 5261919 — net $3,381.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,730.86	Rent arrears
Water rates	$722.02	Water rates
Eviction cost	$258.00	Eviction cost
Lock/key replacement	$336.00	Lock/key replacement
Cleaning	$230.00	Cleaning
Carpet Cleaning	$287.50	Carpet Cleaning
Lawns and Garden work	$138.00	Lawns and Garden work
Rubbish removal	$379.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Compensation wall damage	$632.50	Compensation wall damage
Net award	$3,381.38
Total payable by Tenant to Landlord	$3,381.38

Claims and awards for application 5261919 — net $3,381.38 NZD. Verify on MoJ.

Rent arrears

Amount: $2,730.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $722.02
Awarded to: Landlord
Reason: Water rates

Eviction cost

Amount: $258.00
Awarded to: Landlord
Reason: Eviction cost

Lock/key replacement

Amount: $336.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

The Bond Centre is to pay the bond of $2,360.00 (3525800-007) to Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management immediately.
Patricia Heem must pay Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management $3381.38 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$2,730.86 Water rates$722.02 Eviction cost$258.00 Lock/key replacement$336.00 Cleaning$230.00 Carpet Cleaning$287.50 Lawns and Garden work$138.00 Rubbish removal$379.50 Filing fee reimbursement Compensation wall damage $27.00
50 Total award$5,741.38 Minus Bond-$2,360.00 Total payable by Tenant to Landlord$3,381.38

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. I have checked and the tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in her absence.
The landlord has applied for rent arrears, water bills, 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 ended on 3 April 2025 by eviction. The landlord provided rent records showing $2730.00 in arrears as of 18 August 2025 and water rates invoices of $722.02. owing at the end of the tenancy.
I am satisfied that the landlord has proven their claims for rent arrears and water bills.
The tenant has been paying $30.00 per week towards the cost of the rent arrears.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The keys had to be changed after the eviction.
The landlord provided the Tribunal with a pre let inspection report and photos and an exit inspection and photos. In addition, the landlord provided invoices for the cost of the remedial work required at the end of the tenancy.
The invoice from Green n Clean dated 14 April 2025 covered the work carried out on cleaning, carpet cleaning, rubbish removal and lawn and garden work.
The invoice from Manukau Lock and Alarm limited dated 4 April 2025 covered the cost of the key and lock replacement after the eviction.
The landlord incurred $258.00 in the cost of the eviction of the tenant.
I am satisfied that the landlord has proven their claims and 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. 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 following damage was caused during the tenancy: -Dents, holes, drawings, and scrapes on the walls by front door, master bedroom, and hallway.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided invoices for the cost of the repair and photos of the damage. The cost of the repairs carried out by WMS Maintenance was $632.50 to patch, sand and repaint walls.
The home had been fully refurbished at the start of the tenancy. I am satisfied that the landlords claim for the repairs of damage to the property are proven.
Because Client First Limited T/As Charlton Property Management Ltd as Agent for Leslie & Noeline Ryan Charlton Property Management has wholly succeeded with the claim I must reimburse the filing fee.
The Bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.

Tenancy Tribunal case 5261919 — Rent arrears at 17 Mon Desir Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5261919 — Rent arrears at 17 Mon Desir Place, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions