What was Tenancy Tribunal case 5299420 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Auckland Property

How much money was awarded in case 5299420?

Cleaning: $460.00 awarded to landlord; Rubbish Removal: $201.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $574.29 awarded to landlord; Bedroom Window Glass: $280.32 awarded to landlord; Property Damage: $391.00 awarded to landlord; Patch Carpet Burn Marks: $414.00 awarded to landlord; Water Rates: $1,819.59 awarded to landlord

What type of tenancy dispute was case 5299420?

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

Where can I read the official tribunal order for case 5299420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12568403-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5299420 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Auckland Property

How much money was awarded in case 5299420?

Cleaning: $460.00 awarded to landlord; Rubbish Removal: $201.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $574.29 awarded to landlord; Bedroom Window Glass: $280.32 awarded to landlord; Property Damage: $391.00 awarded to landlord; Patch Carpet Burn Marks: $414.00 awarded to landlord; Water Rates: $1,819.59 awarded to landlord

What type of tenancy dispute was case 5299420?

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

Where can I read the official tribunal order for case 5299420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12568403-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 83 Favona Road, Favona, Auckland 2024 Tenancy Tribunal Case 5299420 — Property damage

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Unit/Flat 9, 83 Favona Road, Favona, Auckland 2024 Tenancy Tribunal Case 5299420 — 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 5299420 — net $4,168.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$574.29	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$1,819.59	Water rates
Repairs: Entrance way wall damage	$391.00	Repairs: Entrance way wall damage
Repairs: Bedroom window glass	$280.32	Repairs: Bedroom window glass
Cleaning: and rubbish removal	$201.25	Cleaning: and rubbish removal
Carpet Cleaning	$460.00	Carpet Cleaning
Repairs: Patch carpet burn marks	$414.00	Repairs: Patch carpet burn marks
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,168.45
Total payable by Tenant to Landlord	$4,168.45

Claims and awards for application 5299420 — net $4,168.45 NZD. Verify on MoJ.

Rent arrears

Amount: $574.29
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $1,819.59
Awarded to: Landlord
Reason: Water rates

Repairs: Entrance way wall damage

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Entrance way wall damage

Repairs: Bedroom window glass

Amount: $280.32
Awarded to: Landlord
Reason: Repairs: Bedroom window glass

Cleaning: and rubbish removal

Amount: $201.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Auckland Property Management Limited As Agent For H And C Holdings Limited $4,168.45 immediately, being rent arrears to 30 April 2025.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 30 April 2025. The landlord provided rent records and water rates invoices 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 carpet required cleaning due to visible staining, and numerous cockroaches were observed during the final inspection. The carpet was one year old at the commencement of the tenancy. Photographs from the ingoing and outgoing inspection reports, along with relevant invoices, were provided to support the claims.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: Holes in the hallway entrance wall, broken bedroom glass window, two iron marks on the bedroom carpet. Ingoing and outgoing inspection photographs and invoices were provided to substantiate the costs. The iron marks were repaired by patching using the cupboard carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As the Landlord has been wholly successful with their claim, the Tenant shall reimburse 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 5299420 — net $4,168.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$574.29	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$1,819.59	Water rates
Repairs: Entrance way wall damage	$391.00	Repairs: Entrance way wall damage
Repairs: Bedroom window glass	$280.32	Repairs: Bedroom window glass
Cleaning: and rubbish removal	$201.25	Cleaning: and rubbish removal
Carpet Cleaning	$460.00	Carpet Cleaning
Repairs: Patch carpet burn marks	$414.00	Repairs: Patch carpet burn marks
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,168.45
Total payable by Tenant to Landlord	$4,168.45

Claims and awards for application 5299420 — net $4,168.45 NZD. Verify on MoJ.

Rent arrears

Amount: $574.29
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $1,819.59
Awarded to: Landlord
Reason: Water rates

Repairs: Entrance way wall damage

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Entrance way wall damage

Repairs: Bedroom window glass

Amount: $280.32
Awarded to: Landlord
Reason: Repairs: Bedroom window glass

Cleaning: and rubbish removal

Amount: $201.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Auckland Property Management Limited As Agent For H And C Holdings Limited $4,168.45 immediately, being rent arrears to 30 April 2025.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 30 April 2025. The landlord provided rent records and water rates invoices 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 carpet required cleaning due to visible staining, and numerous cockroaches were observed during the final inspection. The carpet was one year old at the commencement of the tenancy. Photographs from the ingoing and outgoing inspection reports, along with relevant invoices, were provided to support the claims.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: Holes in the hallway entrance wall, broken bedroom glass window, two iron marks on the bedroom carpet. Ingoing and outgoing inspection photographs and invoices were provided to substantiate the costs. The iron marks were repaired by patching using the cupboard carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As the Landlord has been wholly successful with their claim, the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5299420 — Property damage at Unit/Flat 9, 83 Favona Road, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5299420 — Property damage at Unit/Flat 9, 83 Favona Road, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 and water rates arrears?

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