How much money was awarded in case 5290642?

Cleaning: $207.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rent Arrears: $3,600.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord; Trade Me Advertising: $136.85 awarded to landlord; Water Rates: $375.48 awarded to landlord

What type of tenancy dispute was case 5290642?

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

Where can I read the official tribunal order for case 5290642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430409-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5290642?

Cleaning: $207.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $69.00 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rent Arrears: $3,600.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord; Trade Me Advertising: $136.85 awarded to landlord; Water Rates: $375.48 awarded to landlord

What type of tenancy dispute was case 5290642?

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

Where can I read the official tribunal order for case 5290642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430409-Tribunal_Order_Redacted.pdf.

3 Benita Place, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 5290642 — Rent arrears

Q: What was Tenancy Tribunal case 5290642 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5290642 — net $3,616.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 June 2025	$3,600.00	Rent arrears to 5 June 2025
Water rates	$375.48	Water rates
Lawns and Garden work	$50.00	Lawns and Garden work
Cleaning	$920.00	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Rubbish removal	$437.00	Rubbish removal
Carpet replacement	$69.00	Carpet replacement
Curtain replacement	$34.50	Curtain replacement
Trade Me advertising	$136.85	Trade Me advertising
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,616.83
Total payable by Tenant to Landlord	$3,616.83

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Katie Luisa Maulio must pay [The landlord/s] $3,616.83 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All remaining claims are dismissed.

Reasons

Only the landlord attended the hearing.

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 and water rates?

The tenancy began on 17 December 2024 and was for a fixed term due to end on 17 December 2025.

The tenant asked to end the tenancy early, but the landlord did not agree. The tenant moved out on 21 April 2024.

The landlord advertised for a new tenant and a new tenancy commenced on 6 June 2025.

The landlord seeks rent arrears until 5 June 2025, which is ordered.

The tenant is liable for water rates up until the date she moved out. The landlord took a meter reading on that day. There was a water leak during the tenancy and a rebate was paid. I have deducted that rebate from the amount owed by the tenant. The balance owed for water rates is $375.48.

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 landlord has claimed for carpet cleaning, lawns, and rubbish removal. 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 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 landlord claims that the carpet in one bedroom and the curtains in all three bedrooms were damaged by dog urine as the tenant kept a dog at the premises without consent.

The age of the carpet and curtains is not known. The photographs show aged carpet and curtains. The landlord was unable to provide any evidence in relation to when or if these were replaced since the owner bought the premises in 2016.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

I determine that both the carpet and the curtains were past their lifespan. I have awarded a small amount for each being 10% of the replacement cost.

The landlord claims a break lease cost of $1,604.25. This includes an advertising cost with Trade Me although at the hearing the landlord advised that the figure ($210 plus GST) was incorrect and should have been ($119 plus GST) $136.85. The rest of the invoice is made up of 15 viewings at $75.00 each.

There is no automatic right for a landlord to charge a “break lease fee” just because a tenant wants to end a fixed term tenancy early. The landlord can only claim reasonable costs that are directly related to finding a new tenant. The landlord must provide evidence of these costs. The only cost that the landlord was able to prove was the Trade Me advertisement which I have awarded. The remaining claim is dismissed.

The landlord claims for the difference of the rent between this tenancy and the new tenancy which commenced on 6 June 2025. The difference is $10.00 per week. The reason given for the rent decrease was a softening of the market.

The landlord was unable to provide any evidence to show that it was necessary for the rent to be reduced to secure a new tenancy. The landlord would need to show that the lower rent was reasonable in the circumstances and that all reasonable steps were taken to achieve the best rent possible. Without this evidence the claim for rent loss is dismissed.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 5290642 — net $3,616.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 June 2025	$3,600.00	Rent arrears to 5 June 2025
Water rates	$375.48	Water rates
Lawns and Garden work	$50.00	Lawns and Garden work
Cleaning	$920.00	Cleaning
Carpet Cleaning	$207.00	Carpet Cleaning
Rubbish removal	$437.00	Rubbish removal
Carpet replacement	$69.00	Carpet replacement
Curtain replacement	$34.50	Curtain replacement
Trade Me advertising	$136.85	Trade Me advertising
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,616.83
Total payable by Tenant to Landlord	$3,616.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Katie Luisa Maulio must pay [The landlord/s] $3,616.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy began on 17 December 2024 and was for a fixed term due to end on 17 December 2025.
The tenant asked to end the tenancy early, but the landlord did not agree. The tenant moved out on 21 April 2024.
The landlord advertised for a new tenant and a new tenancy commenced on 6 June 2025.
The landlord seeks rent arrears until 5 June 2025, which is ordered.
The tenant is liable for water rates up until the date she moved out. The landlord took a meter reading on that day. There was a water leak during the tenancy and a rebate was paid. I have deducted that rebate from the amount owed by the tenant. The balance owed for water rates is $375.48.

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 landlord has claimed for carpet cleaning, lawns, and rubbish removal. 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 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 landlord claims that the carpet in one bedroom and the curtains in all three bedrooms were damaged by dog urine as the tenant kept a dog at the premises without consent.
The age of the carpet and curtains is not known. The photographs show aged carpet and curtains. The landlord was unable to provide any evidence in relation to when or if these were replaced since the owner bought the premises in 2016.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I determine that both the carpet and the curtains were past their lifespan. I have awarded a small amount for each being 10% of the replacement cost.
The landlord claims a break lease cost of $1,604.25. This includes an advertising cost with Trade Me although at the hearing the landlord advised that the figure ($210 plus GST) was incorrect and should have been ($119 plus GST) $136.85. The rest of the invoice is made up of 15 viewings at $75.00 each.
There is no automatic right for a landlord to charge a “break lease fee” just because a tenant wants to end a fixed term tenancy early. The landlord can only claim reasonable costs that are directly related to finding a new tenant. The landlord must provide evidence of these costs. The only cost that the landlord was able to prove was the Trade Me advertisement which I have awarded. The remaining claim is dismissed.
The landlord claims for the difference of the rent between this tenancy and the new tenancy which commenced on 6 June 2025. The difference is $10.00 per week. The reason given for the rent decrease was a softening of the market.
The landlord was unable to provide any evidence to show that it was necessary for the rent to be reduced to secure a new tenancy. The landlord would need to show that the lower rent was reasonable in the circumstances and that all reasonable steps were taken to achieve the best rent possible. Without this evidence the claim for rent loss is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 5290642 — Rent arrears at 3 Benita Place, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 5290642 — Rent arrears at 3 Benita Place, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions