What was Tenancy Tribunal case 5275400 about?

The tribunal order states: [The tenant/s] must pay Crockers Property Management Limited as agent for

How much money was awarded in case 5275400?

Filing Fee: $27.00 awarded to landlord; Property Damage: $556.63 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $3,830.00 awarded to landlord; Replace Laundry Door (Excess: $750.00 awarded to landlord; Rubbish Removal: $793.50 awarded to landlord

What type of tenancy dispute was case 5275400?

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

Where can I read the official tribunal order for case 5275400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12527218-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5275400 about?

The tribunal order states: [The tenant/s] must pay Crockers Property Management Limited as agent for

How much money was awarded in case 5275400?

Filing Fee: $27.00 awarded to landlord; Property Damage: $556.63 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $3,830.00 awarded to landlord; Replace Laundry Door (Excess: $750.00 awarded to landlord; Rubbish Removal: $793.50 awarded to landlord

What type of tenancy dispute was case 5275400?

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

Where can I read the official tribunal order for case 5275400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12527218-Tenancy_Tribunal_Order.pdf.

25A Tawa Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5275400 — Rent arrears

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25A Tawa Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5275400 — 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 5275400. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2025	$3,830.00	Rent arrears to 1 July 2025
Carpet cleaning and rubbish removal	$793.50	Carpet cleaning and rubbish removal
Ranch slider door repair	$556.63	Ranch slider door repair
Window repairs (excess	$750.00	Window repairs (excess
Replace laundry door (excess	$750.00	Replace laundry door (excess
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5275400. Verify on MoJ.

Rent arrears to 1 July 2025

Amount: $3,830.00
Awarded to: Landlord
Reason: Rent arrears to 1 July 2025

Carpet cleaning and rubbish removal

Amount: $793.50
Awarded to: Landlord
Reason: Carpet cleaning and rubbish removal

Ranch slider door repair

Amount: $556.63
Awarded to: Landlord
Reason: Ranch slider door repair

Window repairs (excess

Amount: $750.00
Awarded to: Landlord
Reason: Window repairs (excess

Replace laundry door (excess

Amount: $750.00
Awarded to: Landlord
Reason: Replace laundry door (excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Crockers Property Management Limited as agent for Thomas Johnson Overbury and [The landlord/s] $4,187.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5221940-003) to Crockers Property Management Limited as agent for Thomas Johnson Overbury and [The landlord/s] immediately.
The landlord has leave to bring a new application for damage to the laundry tiles.

Reasons

The hearing was conducted on Microsoft Teams.
Sam McGarry from Crockers attended for the landlord by video link.
The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, payment over 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 1 July 2025. Ms McGarry gave evidence that satisfies me that the amount owing for rent arrears at the end of the tenancy is $3,830.00.

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 and remove all rubbish. 1
The photographs prove the tenants left behind a large amount of rubbish.
Ms McGarry says the premises had a foul odour probably from smoking inside the house. The landlord had the carpets cleaned and replaced the curtains.
I am not satisfied that the tenants did not leave the house reasonably clean. The exit photographs do not show otherwise. I refuse the claim for general cleaning. However, I allow the claims for carpet cleaning and rubbish removal.
Ms McGarry submitted an invoice proving the cost of these matters to the landlord. I allow the part of the invoice that relates to the carpet cleaning and rubbish removal only.

Is the tenant responsible for the damage to the premises?

The landlord claims for scratched windows, a bent laundry door, and a cracked ranch slider door window.
To succeed in a damage claim the landlord must prove that the alleged 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. 2
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. 3 1 See Residential Tenancies Act 1986 (RTA) s 40(1)(e). 2 RTA ss 40(2)(a), 41 and 49B. 3 RTA s 49B(3)(a).
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. 4
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. 5
Ms McGarry’s photographs prove the damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The landlord’s excess is $750.00 per event. The ranch slider repair cost less than the excess. $556.63 is ordered for the landlord’s cost to repair it. The other two instances of damage were covered by insurance. Only the excess is ordered for those.
The amounts ordered are proved.
The landlord is still working with its insurer on a cracked tile in the laundry. The Tribunal grants the landlord leave to bring a further claim for the cost of repair should it wish to. Filing fee
The tenant must reimburse the landlord for the filing fee. 6 Bond
The Tribunal directs the Bond Centre to release the bond to the landlord, which will reduce what the tenant owes.

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 5275400. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 July 2025	$3,830.00	Rent arrears to 1 July 2025
Carpet cleaning and rubbish removal	$793.50	Carpet cleaning and rubbish removal
Ranch slider door repair	$556.63	Ranch slider door repair
Window repairs (excess	$750.00	Window repairs (excess
Replace laundry door (excess	$750.00	Replace laundry door (excess
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5275400. Verify on MoJ.

Rent arrears to 1 July 2025

Amount: $3,830.00
Awarded to: Landlord
Reason: Rent arrears to 1 July 2025

Carpet cleaning and rubbish removal

Amount: $793.50
Awarded to: Landlord
Reason: Carpet cleaning and rubbish removal

Ranch slider door repair

Amount: $556.63
Awarded to: Landlord
Reason: Ranch slider door repair

Window repairs (excess

Amount: $750.00
Awarded to: Landlord
Reason: Window repairs (excess

Replace laundry door (excess

Amount: $750.00
Awarded to: Landlord
Reason: Replace laundry door (excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Crockers Property Management Limited as agent for Thomas Johnson Overbury and [The landlord/s] $4,187.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5221940-003) to Crockers Property Management Limited as agent for Thomas Johnson Overbury and [The landlord/s] immediately.
The landlord has leave to bring a new application for damage to the laundry tiles.

Reasons

The hearing was conducted on Microsoft Teams.
Sam McGarry from Crockers attended for the landlord by video link.
The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, payment over 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 1 July 2025. Ms McGarry gave evidence that satisfies me that the amount owing for rent arrears at the end of the tenancy is $3,830.00.

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 and remove all rubbish. 1
The photographs prove the tenants left behind a large amount of rubbish.
Ms McGarry says the premises had a foul odour probably from smoking inside the house. The landlord had the carpets cleaned and replaced the curtains.
I am not satisfied that the tenants did not leave the house reasonably clean. The exit photographs do not show otherwise. I refuse the claim for general cleaning. However, I allow the claims for carpet cleaning and rubbish removal.
Ms McGarry submitted an invoice proving the cost of these matters to the landlord. I allow the part of the invoice that relates to the carpet cleaning and rubbish removal only.

Is the tenant responsible for the damage to the premises?

The landlord claims for scratched windows, a bent laundry door, and a cracked ranch slider door window.
To succeed in a damage claim the landlord must prove that the alleged 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. 2
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. 3 1 See Residential Tenancies Act 1986 (RTA) s 40(1)(e). 2 RTA ss 40(2)(a), 41 and 49B. 3 RTA s 49B(3)(a).
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. 4
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. 5
Ms McGarry’s photographs prove the damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The landlord’s excess is $750.00 per event. The ranch slider repair cost less than the excess. $556.63 is ordered for the landlord’s cost to repair it. The other two instances of damage were covered by insurance. Only the excess is ordered for those.
The amounts ordered are proved.
The landlord is still working with its insurer on a cracked tile in the laundry. The Tribunal grants the landlord leave to bring a further claim for the cost of repair should it wish to. Filing fee
The tenant must reimburse the landlord for the filing fee. 6 Bond
The Tribunal directs the Bond Centre to release the bond to the landlord, which will reduce what the tenant owes.

Tenancy Tribunal case 5275400 — Rent arrears at 25A Tawa Road, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 5275400 — Rent arrears at 25A Tawa Road, Te Atatu Peninsula, Auckland 0610

At a glance

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

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