What was Tenancy Tribunal case 5273362 about?

The tribunal order states: The order dated 23 September 2025 is set aside and replaced with this order.

How much money was awarded in case 5273362?

Break Lease Fee: $546.50 awarded to landlord; Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $710.00 awarded to landlord; Replace Furnishings: Rug: $123.24 awarded to landlord; Replace Furnishings: Sofa Cover: $55.20 awarded to landlord; Water Rates: $15.22 awarded to landlord

What type of tenancy dispute was case 5273362?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5273362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12731909-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5273362 about?

The tribunal order states: The order dated 23 September 2025 is set aside and replaced with this order.

How much money was awarded in case 5273362?

Break Lease Fee: $546.50 awarded to landlord; Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $710.00 awarded to landlord; Replace Furnishings: Rug: $123.24 awarded to landlord; Replace Furnishings: Sofa Cover: $55.20 awarded to landlord; Water Rates: $15.22 awarded to landlord

What type of tenancy dispute was case 5273362?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5273362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12731909-Tribunal_Order.pdf.

Unit/Flat 1, 12 Argo Drive, Half Moon Bay, Auckland 2012 Tenancy Tribunal Case 5273362 — Rent arrears

Tenantcheck Insights

Unit/Flat 1, 12 Argo Drive, Half Moon Bay, Auckland 2012 Tenancy Tribunal Case 5273362 — 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 5273362 — net $1,167.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 29 June 2025	$710.00		Rent arrears to 29 June 2025
Replace furnishings: Rug	$123.24		Replace furnishings: Rug
Cleaning	$195.50		Cleaning
Water rates	$15.22		Water rates
Replace furnishings: Sofa cover	$55.20		Replace furnishings: Sofa cover
Break lease fee	$546.50		Break lease fee
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refund		$2,840.00	Bond refund
Total award	$1,672.66	$2,840.00
Net award		$1,167.34
Total payable by Landlord to Tenant		$1,167.34

Claims and awards for application 5273362 — net $1,167.34 NZD. Verify on MoJ.

Rent arrears to 29 June 2025

Amount: $710.00
Awarded to: Landlord
Reason: Rent arrears to 29 June 2025

Replace furnishings: Rug

Amount: $123.24
Awarded to: Landlord
Reason: Replace furnishings: Rug

Cleaning

Amount: $195.50
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $15.22
Awarded to: Landlord
Reason: Water rates

Replace furnishings: Sofa cover

Amount: $55.20
Awarded to: Landlord
Reason: Replace furnishings: Sofa cover

Dismissed claims

Property Damage — 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 __________________________________________________________________________________ 52733623

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates Property damage

Order

The order dated 23 September 2025 is set aside and replaced with this order.
Hammond & Co Property Limited As Agent For Kitty Shui Fung & Owens Shuk Wing Chiu must pay [The tenant/s] $1,167.34 immediately, calculated as shown in table below:
All remaining claims are dismissed.

Reasons

Both parties attended the hearing by video.
A hearing was held on 23 September 2025 which was attended by both parties. The order made that day awarded rent arrears to the landlord and released the bond. The hearing was adjourned to enable the landlord to produce further evidence including communication relating to the insurance claim.
The insurance documents produced confirm that the landlord received a claim for repairs due to damages amounting to $18,173.44 and loss of rent for the period from 12 May 2025 to 29 June 2025 totalling $4,260.00. The document also notes that the policy excess had been waived.
The law does not permit double recovery for the same loss. Where a landlord has received an insurance payment for loss of rent, they cannot also recover the same amount from the tenant. The Tribunal’s order dated 23 September 2025 must therefore be set aside to prevent double recovery.
The rent arrears awarded in this order is the difference between the amount received from the insurance payout and the amount ordered on 23 September 2025.
The landlord claimed for water rates. Three invoices were produced but two of the invoices were for the period when the tenant was no longer living at the premises. The tenant vacated the premises by 5 May 2025 and the exit inspection was carried out on 6 May 2025.
Tenants are only liable for water charges incurred during the period of their tenancy. Any water charges incurred after the tenant vacated are the responsibility of the landlord or subsequent occupant. The landlord’s claim for water in the invoice dated 22 April 2025 is awarded and the claim for the invoices dated 26 May 2025 and 23 June 2025 are dismissed.
The landlord claims replacement of the rug and sofa cover which were both damaged by cigarette burns. The landlord produced photographs of the damage. The claims are awarded.
The landlord claims for cleaning. The tenant must leave the premises in a reasonably clean and tidy condition at the end of the tenancy 1 . The landlord produced photographs showing that a small amount of cleaning was required. That claim is awarded.
The landlord claimed for replacement of keys. The tenant said that he returned the keys to the landlord as instructed by the property manager. As the tenant complied with the instructions for returning the keys, the landlord’s claim for key replacement is dismissed. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
The tenancy was for a fixed term due to end on 30 September 2025. The landlord claims a break lease fee including one week’s rent as the cost of advertising. The Residential Tenancies Act 1986 only allows the landlord to recover the actual and reasonable costs incurred in re-letting the premises. The landlord has not provided evidence of the actual advertising costs incurred.
The amount awarded is the claim but reduced by $710.00 which is the one week’s rent included in the invoice.
In the order made on 23 September 2025 the bond was released to the landlord to offset the rent arrears owed by the tenant. As the rent arrears awarded against the tenant is less in this order part of the bond is to be returned to the tenant after the amounts awarded in this order are deducted.
Because Hammond & Co Property Limited As Agent For Kitty Shui Fung & Owens Shuk Wing Chiu has substantially succeeded with the claim I have reimbursed 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 5273362 — net $1,167.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 29 June 2025	$710.00		Rent arrears to 29 June 2025
Replace furnishings: Rug	$123.24		Replace furnishings: Rug
Cleaning	$195.50		Cleaning
Water rates	$15.22		Water rates
Replace furnishings: Sofa cover	$55.20		Replace furnishings: Sofa cover
Break lease fee	$546.50		Break lease fee
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refund		$2,840.00	Bond refund
Total award	$1,672.66	$2,840.00
Net award		$1,167.34
Total payable by Landlord to Tenant		$1,167.34

Claims and awards for application 5273362 — net $1,167.34 NZD. Verify on MoJ.

Rent arrears to 29 June 2025

Amount: $710.00
Awarded to: Landlord
Reason: Rent arrears to 29 June 2025

Replace furnishings: Rug

Amount: $123.24
Awarded to: Landlord
Reason: Replace furnishings: Rug

Cleaning

Amount: $195.50
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $15.22
Awarded to: Landlord
Reason: Water rates

Replace furnishings: Sofa cover

Amount: $55.20
Awarded to: Landlord
Reason: Replace furnishings: Sofa cover

Dismissed claims

Property Damage — 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 __________________________________________________________________________________ 52733623

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates Property damage

Order

The order dated 23 September 2025 is set aside and replaced with this order.
Hammond & Co Property Limited As Agent For Kitty Shui Fung & Owens Shuk Wing Chiu must pay [The tenant/s] $1,167.34 immediately, calculated as shown in table below:
All remaining claims are dismissed.

Reasons

Both parties attended the hearing by video.
A hearing was held on 23 September 2025 which was attended by both parties. The order made that day awarded rent arrears to the landlord and released the bond. The hearing was adjourned to enable the landlord to produce further evidence including communication relating to the insurance claim.
The insurance documents produced confirm that the landlord received a claim for repairs due to damages amounting to $18,173.44 and loss of rent for the period from 12 May 2025 to 29 June 2025 totalling $4,260.00. The document also notes that the policy excess had been waived.
The law does not permit double recovery for the same loss. Where a landlord has received an insurance payment for loss of rent, they cannot also recover the same amount from the tenant. The Tribunal’s order dated 23 September 2025 must therefore be set aside to prevent double recovery.
The rent arrears awarded in this order is the difference between the amount received from the insurance payout and the amount ordered on 23 September 2025.
The landlord claimed for water rates. Three invoices were produced but two of the invoices were for the period when the tenant was no longer living at the premises. The tenant vacated the premises by 5 May 2025 and the exit inspection was carried out on 6 May 2025.
Tenants are only liable for water charges incurred during the period of their tenancy. Any water charges incurred after the tenant vacated are the responsibility of the landlord or subsequent occupant. The landlord’s claim for water in the invoice dated 22 April 2025 is awarded and the claim for the invoices dated 26 May 2025 and 23 June 2025 are dismissed.
The landlord claims replacement of the rug and sofa cover which were both damaged by cigarette burns. The landlord produced photographs of the damage. The claims are awarded.
The landlord claims for cleaning. The tenant must leave the premises in a reasonably clean and tidy condition at the end of the tenancy 1 . The landlord produced photographs showing that a small amount of cleaning was required. That claim is awarded.
The landlord claimed for replacement of keys. The tenant said that he returned the keys to the landlord as instructed by the property manager. As the tenant complied with the instructions for returning the keys, the landlord’s claim for key replacement is dismissed. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
The tenancy was for a fixed term due to end on 30 September 2025. The landlord claims a break lease fee including one week’s rent as the cost of advertising. The Residential Tenancies Act 1986 only allows the landlord to recover the actual and reasonable costs incurred in re-letting the premises. The landlord has not provided evidence of the actual advertising costs incurred.
The amount awarded is the claim but reduced by $710.00 which is the one week’s rent included in the invoice.
In the order made on 23 September 2025 the bond was released to the landlord to offset the rent arrears owed by the tenant. As the rent arrears awarded against the tenant is less in this order part of the bond is to be returned to the tenant after the amounts awarded in this order are deducted.
Because Hammond & Co Property Limited As Agent For Kitty Shui Fung & Owens Shuk Wing Chiu has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5273362 — Rent arrears at Unit/Flat 1, 12 Argo Drive, Half Moon Bay, Auckland 2012

At a glance

Tenancy Tribunal case 5273362 — Rent arrears at Unit/Flat 1, 12 Argo Drive, Half Moon Bay, Auckland 2012

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions