What was Tenancy Tribunal case 5288990 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 5288990?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.10 awarded to landlord; Rent Arrears: $2,852.14 awarded to landlord; Insulation: $299.00 awarded to landlord; Painting: $101.76 awarded to landlord

What type of tenancy dispute was case 5288990?

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

Where can I read the official tribunal order for case 5288990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12642911-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5288990 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 5288990?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.10 awarded to landlord; Rent Arrears: $2,852.14 awarded to landlord; Insulation: $299.00 awarded to landlord; Painting: $101.76 awarded to landlord

What type of tenancy dispute was case 5288990?

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

Where can I read the official tribunal order for case 5288990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12642911-Tribunal_Order_Redacted.pdf.

38 Arthur Street, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5288990 — Rent arrears

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38 Arthur Street, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5288990 — 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 5288990 — net $3,480.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 June 2025	$2,852.14	Rent arrears to 25 June 2025
Lock/key replacement	$200.10	Lock/key replacement
Repairs: Insulation	$299.00	Repairs: Insulation
Repairs: Painting	$101.76	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,480.00
Bond	$3,480.00
Total payable by Tenant to Landlord	$3,480.00

Claims and awards for application 5288990 — net $3,480.00 NZD. Verify on MoJ.

Rent arrears to 25 June 2025

Amount: $2,852.14
Awarded to: Landlord
Reason: Rent arrears to 25 June 2025

Lock/key replacement

Amount: $200.10
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Insulation

Amount: $299.00
Awarded to: Landlord
Reason: Repairs: Insulation

Repairs: Painting

Amount: $101.76
Awarded to: Landlord
Reason: Repairs: Painting

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Thu Huyen Nguyen to pay [The landlord/s] $3,480.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The tenancy began on 10 August 2022. On 30 May 2025, the landlord received an anonymous email advising them that the tenant was growing cannabis at the premises. The landlord visited the premises to complete an inspection after providing 48 hours’ notice. The landlord claims there were people living inside the premises who were not the tenant. These people advised the landlord that the tenant was travelling overseas. The landlord claims they inspected the premises and did not notice anything out of the ordinary. On 4 June 2025, the tenant sent the landlord a notice ending the tenancy immediately. The landlord completed an inspection of the premises shortly thereafter and discovered holes in the ceiling of the wardrobes. Upon further inspection, the landlord claims it became apparent that the tenant had been growing cannabis in the ceiling. The landlord filed a report with the Police on 18 June 2025.
The landlord seeks rent arrears up to 25 June 2025, which is 21 days after the tenant gave notice to end the tenancy. The landlord claims they have spent in excess of $2,000.00 repairing the premises and submitted invoices, which prove this is the case. Notwithstanding this, the landlord only seeks $627.86 in compensation. This figure reflects the balance of the bond available after rent arrears are deducted. The landlord claims the tenant is overseas and there is little hope they will be able to recover any amount outstanding from the tenant personally.
The issues I must determine are: a. How much does the tenant owe in rent arrears? b. Did the tenant comply with their obligations at the end of the tenancy? c. Is the tenant responsible for damaging the premises?
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenant sent the landlord an email on 4 June 2025 ending the tenancy.
This was a periodic tenancy. Therefore the tenant was required to give the landlord 21 days’ notice to end the tenancy. 1
The landlord submitted a rent summary, which records rent arrears up to 25 June 2025 as being $2,852.14.
25 June 2025 is the date that is 21 days after 4 June 2025. I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $2,852.14. 1 Residential Tenancies Act 1986, section 51(2A).

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. 2
The landlord claims the tenant did not return the keys at the end of the tenancy and in fact changed the locks. I accept the landlord’s evidence.
The landlord’s claim for compensation to change the locks is granted for $200.10. The landlord submitted an invoice for this amount.

Is the tenant responsible for damaging the premises?

The law

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. 3
The landlord claims the tenant is responsible for the following damage: a. Insulation. b. Bedroom walls.
The landlord did not make a claim with their insurer, because the excess would most likely have exceeded the repair costs. Insulation
The landlord did not take photographs of the insulation inside the ceiling at the beginning of the tenancy. This is understandable, as the inside of the ceiling is not usually photographed at the beginning of the tenancy. The landlord gave evidence that the premises were newly insulated and painted approximately 6 – 7 years prior.
The landlord submitted photographs of the insulation taken at the end of the tenancy. It is not laid flat and is bunched up in areas across the ceiling, especially around the external edges where the soffit sits underneath.
The photographs of the ceiling also show power cords are present, which is unusual. The landlord claims the tenant re-routed the power from the main power supply, most likely to operate lights installed in the ceiling as part of the cannabis growing operation. 2 Residential Tenancies Act 1986, section 40(1)(e)(iv). 3 Residential Tenancies Act 1986, section 40(1)(a), 41 and 49B.
I accept the landlord’s evidence that the premises were newly insulated approximately 6 – 7 years ago. Insulation is generally installed flat and level. The photographs taken at the end of the tenancy show the insulation in large, uneven clumps, which is unusual and suggests it has been tampered with. On the balance of probabilities, I am convinced the insulation was disturbed and damaged during the tenancy. The damage is more than fair wear and tear, and the tenancy has not disproved liability.
The landlord submitted an invoice for $299.00 to replace the insulation. The landlord’s claim for compensation is granted for this amount. Painting
The landlord claims they took a video of the premises at the beginning of the tenancy but were unable to locate it during the hearing. The landlord gave evidence the bedroom walls were in a good condition at the beginning of the tenancy however, at the end, they were partly covered in a sticky yellow and brown substance. The landlord tried to clean it, but claims strong cleaning products were needed to remove it, which ultimately damaged the paint on the walls.
I accept the landlord’s evidence that the bedroom walls were not covered in a sticky yellow and brown substance at the beginning of the tenancy. The landlord submitted photographs of the walls taken at the end of the tenancy, which show patches of yellow and brown are present. On the balance of probabilities, I am convinced this damage occurred during the tenancy. It is more than fair wear and tear and the tenant has not disproved liability.
The landlord has had the premises re-painted and submitted an invoice for $2,300.00. Of this, the landlord seeks $101.76, which is very reasonable.
The landlord’s claim for compensation to paint the bedroom walls is granted for $101.76. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must also grant their request for name suppression.

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 5288990 — net $3,480.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 June 2025	$2,852.14	Rent arrears to 25 June 2025
Lock/key replacement	$200.10	Lock/key replacement
Repairs: Insulation	$299.00	Repairs: Insulation
Repairs: Painting	$101.76	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,480.00
Bond	$3,480.00
Total payable by Tenant to Landlord	$3,480.00

Claims and awards for application 5288990 — net $3,480.00 NZD. Verify on MoJ.

Rent arrears to 25 June 2025

Amount: $2,852.14
Awarded to: Landlord
Reason: Rent arrears to 25 June 2025

Lock/key replacement

Amount: $200.10
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Insulation

Amount: $299.00
Awarded to: Landlord
Reason: Repairs: Insulation

Repairs: Painting

Amount: $101.76
Awarded to: Landlord
Reason: Repairs: Painting

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Thu Huyen Nguyen to pay [The landlord/s] $3,480.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The tenancy began on 10 August 2022. On 30 May 2025, the landlord received an anonymous email advising them that the tenant was growing cannabis at the premises. The landlord visited the premises to complete an inspection after providing 48 hours’ notice. The landlord claims there were people living inside the premises who were not the tenant. These people advised the landlord that the tenant was travelling overseas. The landlord claims they inspected the premises and did not notice anything out of the ordinary. On 4 June 2025, the tenant sent the landlord a notice ending the tenancy immediately. The landlord completed an inspection of the premises shortly thereafter and discovered holes in the ceiling of the wardrobes. Upon further inspection, the landlord claims it became apparent that the tenant had been growing cannabis in the ceiling. The landlord filed a report with the Police on 18 June 2025.
The landlord seeks rent arrears up to 25 June 2025, which is 21 days after the tenant gave notice to end the tenancy. The landlord claims they have spent in excess of $2,000.00 repairing the premises and submitted invoices, which prove this is the case. Notwithstanding this, the landlord only seeks $627.86 in compensation. This figure reflects the balance of the bond available after rent arrears are deducted. The landlord claims the tenant is overseas and there is little hope they will be able to recover any amount outstanding from the tenant personally.
The issues I must determine are: a. How much does the tenant owe in rent arrears? b. Did the tenant comply with their obligations at the end of the tenancy? c. Is the tenant responsible for damaging the premises?
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenant sent the landlord an email on 4 June 2025 ending the tenancy.
This was a periodic tenancy. Therefore the tenant was required to give the landlord 21 days’ notice to end the tenancy. 1
The landlord submitted a rent summary, which records rent arrears up to 25 June 2025 as being $2,852.14.
25 June 2025 is the date that is 21 days after 4 June 2025. I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $2,852.14. 1 Residential Tenancies Act 1986, section 51(2A).

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. 2
The landlord claims the tenant did not return the keys at the end of the tenancy and in fact changed the locks. I accept the landlord’s evidence.
The landlord’s claim for compensation to change the locks is granted for $200.10. The landlord submitted an invoice for this amount.

Is the tenant responsible for damaging the premises?

The law

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. 3
The landlord claims the tenant is responsible for the following damage: a. Insulation. b. Bedroom walls.
The landlord did not make a claim with their insurer, because the excess would most likely have exceeded the repair costs. Insulation
The landlord did not take photographs of the insulation inside the ceiling at the beginning of the tenancy. This is understandable, as the inside of the ceiling is not usually photographed at the beginning of the tenancy. The landlord gave evidence that the premises were newly insulated and painted approximately 6 – 7 years prior.
The landlord submitted photographs of the insulation taken at the end of the tenancy. It is not laid flat and is bunched up in areas across the ceiling, especially around the external edges where the soffit sits underneath.
The photographs of the ceiling also show power cords are present, which is unusual. The landlord claims the tenant re-routed the power from the main power supply, most likely to operate lights installed in the ceiling as part of the cannabis growing operation. 2 Residential Tenancies Act 1986, section 40(1)(e)(iv). 3 Residential Tenancies Act 1986, section 40(1)(a), 41 and 49B.
I accept the landlord’s evidence that the premises were newly insulated approximately 6 – 7 years ago. Insulation is generally installed flat and level. The photographs taken at the end of the tenancy show the insulation in large, uneven clumps, which is unusual and suggests it has been tampered with. On the balance of probabilities, I am convinced the insulation was disturbed and damaged during the tenancy. The damage is more than fair wear and tear, and the tenancy has not disproved liability.
The landlord submitted an invoice for $299.00 to replace the insulation. The landlord’s claim for compensation is granted for this amount. Painting
The landlord claims they took a video of the premises at the beginning of the tenancy but were unable to locate it during the hearing. The landlord gave evidence the bedroom walls were in a good condition at the beginning of the tenancy however, at the end, they were partly covered in a sticky yellow and brown substance. The landlord tried to clean it, but claims strong cleaning products were needed to remove it, which ultimately damaged the paint on the walls.
I accept the landlord’s evidence that the bedroom walls were not covered in a sticky yellow and brown substance at the beginning of the tenancy. The landlord submitted photographs of the walls taken at the end of the tenancy, which show patches of yellow and brown are present. On the balance of probabilities, I am convinced this damage occurred during the tenancy. It is more than fair wear and tear and the tenant has not disproved liability.
The landlord has had the premises re-painted and submitted an invoice for $2,300.00. Of this, the landlord seeks $101.76, which is very reasonable.
The landlord’s claim for compensation to paint the bedroom walls is granted for $101.76. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must also grant their request for name suppression.

Tenancy Tribunal case 5288990 — Rent arrears at 38 Arthur Street, Ellerslie, Auckland 1051

At a glance

Tenancy Tribunal case 5288990 — Rent arrears at 38 Arthur Street, Ellerslie, Auckland 1051

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions