What was Tenancy Tribunal case 5302986 about?

The tribunal order states: The Tribunal Orders suppression of the tenant’s name and identifying details

How much money was awarded in case 5302986?

Cleaning: $3,000.00 awarded to landlord; Cleaning: $480.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Loss Of Rents: $1,420.00 awarded to landlord; Pest Control: $379.30 awarded to landlord; Previous Order Application 5121976 D…: $4,711.28 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $386.50 awarded to landlord; Property Damage: $648.62 awarded to landlord; Rubbish Removal: $399.84 awarded to landlord

What type of tenancy dispute was case 5302986?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5302986?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691961-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5302986 about?

The tribunal order states: The Tribunal Orders suppression of the tenant’s name and identifying details

How much money was awarded in case 5302986?

Cleaning: $3,000.00 awarded to landlord; Cleaning: $480.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Loss Of Rents: $1,420.00 awarded to landlord; Pest Control: $379.30 awarded to landlord; Previous Order Application 5121976 D…: $4,711.28 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $386.50 awarded to landlord; Property Damage: $648.62 awarded to landlord; Rubbish Removal: $399.84 awarded to landlord

What type of tenancy dispute was case 5302986?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5302986?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691961-Tribunal_Order_Redacted.pdf.

8B Myna Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5302986 — Cleanliness

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8B Myna Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5302986 — Cleanliness | 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 5302986 — net $9,013.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5121976 dated 12/02/2025	$4,711.28	Previous order application 5121976 dated 12/02/2025
Rubbish removal	$399.84	Rubbish removal
Cleaning	$480.00	Cleaning
Carpet repair	$350.00	Carpet repair
Pest control	$379.30	Pest control
Curtain replacement	$50.00	Curtain replacement
Repairs: Wall repairs - materials	$648.62	Repairs: Wall repairs - materials
Carpet Cleaning: wall repairs - labour	$3,000.00	Carpet Cleaning: wall repairs - labour
Insulation repair	$386.50	Insulation repair
Loss of rents	$1,420.00	Loss of rents
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,013.54
Total payable by Tenant to Landlord	$9,013.54

Claims and awards for application 5302986 — net $9,013.54 NZD. Verify on MoJ.

Previous order application 5121976 dated 12/02/2025

Amount: $4,711.28
Awarded to: Landlord
Reason: Previous order application 5121976 dated 12/02/2025

Rubbish removal

Amount: $399.84
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $480.00
Awarded to: Landlord
Reason: Cleaning

Carpet repair

Amount: $350.00
Awarded to: Landlord
Reason: Carpet repair

Pest control

Amount: $379.30
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

The Tribunal Orders suppression of the tenant’s name and identifying details because the harm caused by publication would otherwise outweigh her personal culpability 1 . The landlord agrees.
[The tenant/s] must pay Talor Wayne Saxe $9,013.54 immediately, calculated below.

The Bond Centre is to pay the bond of $2,840.00 ([Bond number suppressed]) to Talor Wayne Saxe immediately.

Reasons

Both parties 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.
The tenant does not dispute the landlord’s claims but the Tribunal must still be satisfied they are reasonable 2 .

How much is owed for rent and water rates?

The tenancy was ended on 12 February 2025 by an Order of the Tribunal dated that date (application 5121976)
The February Order required that the tenant pay rent arrears an application fee totalling $4,711.28. That has not been paid and the amount due is incorporated into this Order.
Water rates were included in the rent. The landlord says that water was negligently wasted by the tenant, resulting in increased water charges the landlord has paid. The landlord has provided water rates charges for another equivalent property, as an example of what the charges should have been. The difference is claimed as compensation.
It is not clear what provision of the agreement or the RTA the tenant is said to have breached. If the landlord believed she was in breach of her obligations it would have been reasonable to take steps to mitigate the ongoing effects of that breach by issuing a 14 day notice to remedy 3 .
I do not find that claim proved.

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.
Exit photographs show that the premises were not left reasonably clean and tidy Rubbish was not removed. 2 See s.11(3) RTA 3 S.49 RTA
The landlord arranged for removal of the rubbish and has provided the dump receipts. The labour charges are reasonable.
The landlord undertook cleaning work. A quote from a commercial cleaning company has been provided to show that the sum claimed is reasonable.
Pest eradication work was carried out as proved by the receipts provided.
The landlord should be compensation for those costs.

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.
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.
During the tenancy: a. curtains were damaged and required replacement; b. underfloor insulation was pulled out and damaged; c. carpet ws damaged d. there was significant damage to the interior of the premises with many holes in walls and damage to joinery.
The landlord was not able to claim repair costs under his insurance.
The premises was newly refurbished at te start of this tenancy.
The damage appears more likely than not to have been caused intentionally, not by the tenant herself but by her son who was living there.
The landlord paid for the insulation to be reinstated and is entitled to be compensated for the cost as shown by the invoice provided.
The carpet has not been repaired but the landlord is entitled to some compensation for the reduction in value caused by the damage.
The landlord is entitled to be compensated for the cost of replacing curtains as shown by the receipts. A very modest depreciation allowance is appropriate.
The landlord and his associates did the interior repair work themselves. They have provided a quote from contractors to show that their claim is reasonable.
Considering the photographic evidence showing the extent of the damage, I am satisfied that the compensation claim is reasonable.
The landlord’s evidence is that the repair work took around 8 weeks before the premises could be re-let. Compensation for loss of rents is claimed.
Loss of rent where significant damage is caused to a property, is reasonably foreseeable. The length of time remediation work takes is under the control of the landlord, not the tenant.
I find that compensation for 2 weeks’ rent, which would be a clearly foreseeable period when the landlord would likely receive no rent while the premises were being repaired, should be awarded.
Because Talor Wayne Saxe has succeeded with the claim I must 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 5302986 — net $9,013.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5121976 dated 12/02/2025	$4,711.28	Previous order application 5121976 dated 12/02/2025
Rubbish removal	$399.84	Rubbish removal
Cleaning	$480.00	Cleaning
Carpet repair	$350.00	Carpet repair
Pest control	$379.30	Pest control
Curtain replacement	$50.00	Curtain replacement
Repairs: Wall repairs - materials	$648.62	Repairs: Wall repairs - materials
Carpet Cleaning: wall repairs - labour	$3,000.00	Carpet Cleaning: wall repairs - labour
Insulation repair	$386.50	Insulation repair
Loss of rents	$1,420.00	Loss of rents
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,013.54
Total payable by Tenant to Landlord	$9,013.54

Claims and awards for application 5302986 — net $9,013.54 NZD. Verify on MoJ.

Previous order application 5121976 dated 12/02/2025

Amount: $4,711.28
Awarded to: Landlord
Reason: Previous order application 5121976 dated 12/02/2025

Rubbish removal

Amount: $399.84
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $480.00
Awarded to: Landlord
Reason: Cleaning

Carpet repair

Amount: $350.00
Awarded to: Landlord
Reason: Carpet repair

Pest control

Amount: $379.30
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

The Tribunal Orders suppression of the tenant’s name and identifying details because the harm caused by publication would otherwise outweigh her personal culpability 1 . The landlord agrees.
[The tenant/s] must pay Talor Wayne Saxe $9,013.54 immediately, calculated below.

The Bond Centre is to pay the bond of $2,840.00 ([Bond number suppressed]) to Talor Wayne Saxe immediately.

Reasons

Both parties 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.
The tenant does not dispute the landlord’s claims but the Tribunal must still be satisfied they are reasonable 2 .

How much is owed for rent and water rates?

The tenancy was ended on 12 February 2025 by an Order of the Tribunal dated that date (application 5121976)
The February Order required that the tenant pay rent arrears an application fee totalling $4,711.28. That has not been paid and the amount due is incorporated into this Order.
Water rates were included in the rent. The landlord says that water was negligently wasted by the tenant, resulting in increased water charges the landlord has paid. The landlord has provided water rates charges for another equivalent property, as an example of what the charges should have been. The difference is claimed as compensation.
It is not clear what provision of the agreement or the RTA the tenant is said to have breached. If the landlord believed she was in breach of her obligations it would have been reasonable to take steps to mitigate the ongoing effects of that breach by issuing a 14 day notice to remedy 3 .
I do not find that claim proved.

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.
Exit photographs show that the premises were not left reasonably clean and tidy Rubbish was not removed. 2 See s.11(3) RTA 3 S.49 RTA
The landlord arranged for removal of the rubbish and has provided the dump receipts. The labour charges are reasonable.
The landlord undertook cleaning work. A quote from a commercial cleaning company has been provided to show that the sum claimed is reasonable.
Pest eradication work was carried out as proved by the receipts provided.
The landlord should be compensation for those costs.

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.
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.
During the tenancy: a. curtains were damaged and required replacement; b. underfloor insulation was pulled out and damaged; c. carpet ws damaged d. there was significant damage to the interior of the premises with many holes in walls and damage to joinery.
The landlord was not able to claim repair costs under his insurance.
The premises was newly refurbished at te start of this tenancy.
The damage appears more likely than not to have been caused intentionally, not by the tenant herself but by her son who was living there.
The landlord paid for the insulation to be reinstated and is entitled to be compensated for the cost as shown by the invoice provided.
The carpet has not been repaired but the landlord is entitled to some compensation for the reduction in value caused by the damage.
The landlord is entitled to be compensated for the cost of replacing curtains as shown by the receipts. A very modest depreciation allowance is appropriate.
The landlord and his associates did the interior repair work themselves. They have provided a quote from contractors to show that their claim is reasonable.
Considering the photographic evidence showing the extent of the damage, I am satisfied that the compensation claim is reasonable.
The landlord’s evidence is that the repair work took around 8 weeks before the premises could be re-let. Compensation for loss of rents is claimed.
Loss of rent where significant damage is caused to a property, is reasonably foreseeable. The length of time remediation work takes is under the control of the landlord, not the tenant.
I find that compensation for 2 weeks’ rent, which would be a clearly foreseeable period when the landlord would likely receive no rent while the premises were being repaired, should be awarded.
Because Talor Wayne Saxe has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5302986 — Cleanliness at 8B Myna Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5302986 — Cleanliness at 8B Myna Place, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

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

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