What was Tenancy Tribunal case 5305963 about?

The tribunal order states: [The tenant/s] must pay Mustang Global Limited $4,647.88 immediately,

How much money was awarded in case 5305963?

Electricity Charges: $3,441.39 awarded to landlord; Rent Arrears: $1,021.43 awarded to landlord; Rubbish Removal: $598.00 awarded to landlord; Rubbish Removal: $452.10 awarded to landlord; Water Rates: $1,734.96 awarded to landlord

What type of tenancy dispute was case 5305963?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5305963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12421297-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5305963 about?

The tribunal order states: [The tenant/s] must pay Mustang Global Limited $4,647.88 immediately,

How much money was awarded in case 5305963?

Electricity Charges: $3,441.39 awarded to landlord; Rent Arrears: $1,021.43 awarded to landlord; Rubbish Removal: $598.00 awarded to landlord; Rubbish Removal: $452.10 awarded to landlord; Water Rates: $1,734.96 awarded to landlord

What type of tenancy dispute was case 5305963?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5305963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12421297-Tenancy_Tribunal_Order.pdf.

8 Jolson Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5305963 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5305963 — net $4,647.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,021.43	Rent arrears
Electricity charges	$3,441.39	Electricity charges
Water rates	$1,734.96	Water rates
Rubbish removal	$452.10	Rubbish removal
Repairs: including labour for rubbish removal	$598.00	Repairs: including labour for rubbish removal
Net award	$4,647.88
Total payable by Tenant to Landlord	$4,647.88

The landlord attended the remote hearing on 16 September 2025.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent, electricity charges and water rates?

The tenancy ended on 1 August 2025. The landlord provided rent records, electricity charges invoices and water rates invoices which prove the amount owing at the end of the tenancy was $1,0121.43 for rent, $3,441.39 for electricity and $ 1,734.96 for water.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises showing that a substantial amount of rubbish needed to be removed. The costs for the rubbish skips and removal was $452.10.

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: the landlord provided photos of a hole in the wall. The landlord confirmed that the damage had been caused during the tenancy. The landlord provided an invoice for repairs. That repair invoice also included labour costs for rubbish removal. The total for the invoice is $598.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5305963 — net $4,647.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,021.43	Rent arrears
Electricity charges	$3,441.39	Electricity charges
Water rates	$1,734.96	Water rates
Rubbish removal	$452.10	Rubbish removal
Repairs: including labour for rubbish removal	$598.00	Repairs: including labour for rubbish removal
Net award	$4,647.88
Total payable by Tenant to Landlord	$4,647.88

Order

[The tenant/s] must pay Mustang Global Limited $4,647.88 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5952861-005) to Mustang Global Limited immediately.

Reasons

The landlord attended the remote hearing on 16 September 2025.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent, electricity charges and water rates?

The tenancy ended on 1 August 2025. The landlord provided rent records, electricity charges invoices and water rates invoices which prove the amount owing at the end of the tenancy was $1,0121.43 for rent, $3,441.39 for electricity and $ 1,734.96 for water.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises showing that a substantial amount of rubbish needed to be removed. The costs for the rubbish skips and removal was $452.10.
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: the landlord provided photos of a hole in the wall. The landlord confirmed that the damage had been caused during the tenancy. The landlord provided an invoice for repairs. That repair invoice also included labour costs for rubbish removal. The total for the invoice is $598.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5305963 — Rent arrears at 8 Jolson Road, Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5305963 — Rent arrears at 8 Jolson Road, Mount Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, electricity charges 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, electricity charges 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

Property management

Frequently asked questions