What was Tenancy Tribunal case 5275377 about?

The tribunal order states: [The tenant/s] must pay NW Property Management Limited As Agent For

How much money was awarded in case 5275377?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $154.29 awarded to landlord; to carpet in tenant's bedroom and ad…: $890.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord

What type of tenancy dispute was case 5275377?

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

Where can I read the official tribunal order for case 5275377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12453871-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5275377 about?

The tribunal order states: [The tenant/s] must pay NW Property Management Limited As Agent For

How much money was awarded in case 5275377?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $154.29 awarded to landlord; to carpet in tenant's bedroom and ad…: $890.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord

What type of tenancy dispute was case 5275377?

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

Where can I read the official tribunal order for case 5275377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12453871-Tenancy_Tribunal_Order.pdf.

Room 2, 1 Nixon Avenue, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5275377 — Property damage

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Room 2, 1 Nixon Avenue, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5275377 — 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 5275377 — net $191.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to carpet in tenant's bedroom and adjacent hallway area	$890.00	Repairs: to carpet in tenant's bedroom and adjacent hallway area
Rent arrears to 28/04/2025	$154.29	Rent arrears to 28/04/2025
Rubbish removal	$560.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$191.29
Total payable by Tenant to Landlord	$191.29

Claims and awards for application 5275377 — net $191.29 NZD. Verify on MoJ.

Repairs: to carpet in tenant's bedroom and adjacent hallway area

Amount: $890.00
Awarded to: Landlord
Reason: Repairs: to carpet in tenant's bedroom and adjacent hallway area

Rent arrears to 28/04/2025

Amount: $154.29
Awarded to: Landlord
Reason: Rent arrears to 28/04/2025

Rubbish removal

Amount: $560.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $191.29

Total payable by Tenant to Landlord

Landlord $191.29

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay NW Property Management Limited As Agent For Travama Trust $191.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (6447298-003) to NW Property Management Limited As Agent For Travama Trust immediately.
The claims regarding the smoke alarm and the window damage are dismissed. DescriptionLandlord Rent arrears to 28/04/2025$154.29 Rubbish removal$560.00 Repairs: to carpet in tenant's bedroom and adjacent hallway area $890.00 Filing fee reimbursement$27.00 Total award$1,631.29 Minus Bond$1,440.00 Total payable by Tenant to Landlord$191.29

Reasons

Only the applicant landlord attended the hearing. There was no appearance from the tenant.
This is a room by room rental. The landlord rented part of the premises to the tenant being Room 2 with shared lounge, dining, kitchen and bathroom facilities.
The tenant lived at the premises from August 2024 until 28 April 2025.
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?

The tenancy ended on Monday 28 April 2025 when the tenant returned the keys to the landlord. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 amounts ordered are proved. Photographs and invoices were provided.

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.
The landlord claimed the following damage was caused during the tenancy:
(a) Carpet damage - The tenant spilled red paint in her room which caused damage to the carpet in her room and the adjacent hallway area. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs proving the damage occurred during the tenancy and a copy of an invoice for the repair. (b) Window damage – The landlord stated that another tenant in the premises stated that the tenant returned and broke a window the night after the tenancy ended. The other tenant did not attend to give evidence and I find that there is insufficient evidence to prove this claim on the balance of probabilities. (c) Smoke Alarms – The landlord stated that in February 2025 the fire brigade was called to the premises as the smoke alarm was activated. The landlord claimed that another tenant told her that the tenant removed the smoke alarm while cooking. A breach letter was sent to the tenant, but she went to see the landlord and denied the allegation. As there are no tenants are here today it is not possible to hear evidence regarding this allegation. There are multiple tenants living in the premises and the landlord has failed to provide sufficient evidence to prove on the balance of probabilities that the tenant in this application removed the smoke alarm.
Because NW Property Management Limited As Agent For Travama Trust 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 5275377 — net $191.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to carpet in tenant's bedroom and adjacent hallway area	$890.00	Repairs: to carpet in tenant's bedroom and adjacent hallway area
Rent arrears to 28/04/2025	$154.29	Rent arrears to 28/04/2025
Rubbish removal	$560.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$191.29
Total payable by Tenant to Landlord	$191.29

Claims and awards for application 5275377 — net $191.29 NZD. Verify on MoJ.

Repairs: to carpet in tenant's bedroom and adjacent hallway area

Amount: $890.00
Awarded to: Landlord
Reason: Repairs: to carpet in tenant's bedroom and adjacent hallway area

Rent arrears to 28/04/2025

Amount: $154.29
Awarded to: Landlord
Reason: Rent arrears to 28/04/2025

Rubbish removal

Amount: $560.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $191.29

Total payable by Tenant to Landlord

Landlord $191.29

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay NW Property Management Limited As Agent For Travama Trust $191.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (6447298-003) to NW Property Management Limited As Agent For Travama Trust immediately.
The claims regarding the smoke alarm and the window damage are dismissed. DescriptionLandlord Rent arrears to 28/04/2025$154.29 Rubbish removal$560.00 Repairs: to carpet in tenant's bedroom and adjacent hallway area $890.00 Filing fee reimbursement$27.00 Total award$1,631.29 Minus Bond$1,440.00 Total payable by Tenant to Landlord$191.29

Reasons

Only the applicant landlord attended the hearing. There was no appearance from the tenant.
This is a room by room rental. The landlord rented part of the premises to the tenant being Room 2 with shared lounge, dining, kitchen and bathroom facilities.
The tenant lived at the premises from August 2024 until 28 April 2025.
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?

The tenancy ended on Monday 28 April 2025 when the tenant returned the keys to the landlord. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 amounts ordered are proved. Photographs and invoices were provided.

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.
The landlord claimed the following damage was caused during the tenancy:
(a) Carpet damage - The tenant spilled red paint in her room which caused damage to the carpet in her room and the adjacent hallway area. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs proving the damage occurred during the tenancy and a copy of an invoice for the repair. (b) Window damage – The landlord stated that another tenant in the premises stated that the tenant returned and broke a window the night after the tenancy ended. The other tenant did not attend to give evidence and I find that there is insufficient evidence to prove this claim on the balance of probabilities. (c) Smoke Alarms – The landlord stated that in February 2025 the fire brigade was called to the premises as the smoke alarm was activated. The landlord claimed that another tenant told her that the tenant removed the smoke alarm while cooking. A breach letter was sent to the tenant, but she went to see the landlord and denied the allegation. As there are no tenants are here today it is not possible to hear evidence regarding this allegation. There are multiple tenants living in the premises and the landlord has failed to provide sufficient evidence to prove on the balance of probabilities that the tenant in this application removed the smoke alarm.
Because NW Property Management Limited As Agent For Travama Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5275377 — Property damage at Room 2, 1 Nixon Avenue, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5275377 — Property damage at Room 2, 1 Nixon Avenue, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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