What was Tenancy Tribunal case 5318039 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 502 Beach

How much money was awarded in case 5318039?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,100.42 awarded to landlord; Doors: $286.20 awarded to landlord; Laundry Floor: $550.00 awarded to landlord; Water Rates: $634.96 awarded to landlord

What type of tenancy dispute was case 5318039?

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

Where can I read the official tribunal order for case 5318039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429943-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318039 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 502 Beach

How much money was awarded in case 5318039?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,100.42 awarded to landlord; Doors: $286.20 awarded to landlord; Laundry Floor: $550.00 awarded to landlord; Water Rates: $634.96 awarded to landlord

What type of tenancy dispute was case 5318039?

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

Where can I read the official tribunal order for case 5318039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429943-Tenancy_Tribunal_Order.pdf.

502 Beach Road, Murrays Bay, Auckland 0630 Tenancy Tribunal Case 5318039 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5318039 — net $1,879.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/09/2025	$3,100.42	Rent arrears to 21/09/2025
Water rates: to 15/04/25	$634.96	Water rates: to 15/04/25
Repairs: Doors	$286.20	Repairs: Doors
Repairs: Laundry Floor	$550.00	Repairs: Laundry Floor
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,879.58
Total payable by Tenant to Landlord	$1,879.58

The tenancy of [The tenant/s] and [The tenant/s] at 502 Beach Road, Murrays Bay, Auckland 0630 is terminated, and possession is granted to [The landlord/s] at 11:59 pm on Sunday, 21 September 2025.

[The tenant/s] and [The tenant/s] must pay [The landlord/s] $1,879.58 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,720.00 (BN-00107006) to [The landlord/s] immediately.

The applicant states that the rent is more than 21 days in arrears. They are seeking termination of the tenancy, an order for unpaid rent arrears, unpaid power bills, and compensation for damage to the property. This includes damage to the doors and the laundry floor, as well as reimbursement of the application filing fee.

The amounts claimed are as follows: a) Rent arrears: $3,100.42 b) Power Bills to 15 April 2025: $634.96 c) Door repairs: $286.20 d) Laundry floor repair (insurance excess): $550.00 e) Filing fee: $28.00 Rent arrears and termination:

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The applicant has provided rent records showing the amounts owing up to 18 September 2025. I am satisfied that these records are accurate. I have added three days’ rent to the total to reflect the amount owing as at the termination date. Power Bills:

The applicant has provided power bills showing the amounts owed up to 15 April 2025. These bills included fixed line charges of $97.28, which I have deducted. The records were also ambiguous as to the precise usage period covered. I have therefore made the award to the end of the billing period. If there is any discrepancy between the billing date and the actual usage dates, the applicant must bear this loss. Door Repairs:

The applicant has asked me to award the cost of repairing two holes in the doors. In support of this, they have provided an invoice and two photos showing impact damage and holes. A tenant is liable under section 49B(1)(a) for any intentional damage, and under section 49B(2) for any damage caused by a careless act or omission. The key distinction is that liability for careless damage is capped at the lesser of the landlord’s insurance excess or four weeks’ rent. In this case, the repair cost claimed is well below the excess, and so I do not need to determine whether the damage was intentional or careless. I am satisfied that the damage was, at the very least, caused by carelessness on the part of the respondent, and I therefore award the amount sought by the applicant. Laundry Repair:

8. The applicant has asked me to award the insurance excess of $550 for the repair of the laundry floor. They say that during one inspection, the respondent advised them there was a lot of water in the laundry area. The applicant engaged a plumber to identify the source. The plumber determined that the water was coming from the respondent’s washing machine, which was incorrectly installed and belongs to the respondent. On the wall side, the pipe was not secured properly and leaked, and on the machine side, no washer was attached to the connection, which also caused leakage.

During the assessment, the plumber fell through the floor due to dampness, and the applicant has provided photos showing a hole next to the washing machine. I am satisfied on the balance of probabilities that the applicant’s account is correct. I am also satisfied that this damage is careless damage. The applicant has produced an accepted insurance claim confirming an excess of $550 is payable. I therefore award this amount. Application Filing fee:

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. H Ben Fayed 18 September 2025

Claims and awards in Tenancy Tribunal application 5318039 — net $1,879.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/09/2025	$3,100.42	Rent arrears to 21/09/2025
Water rates: to 15/04/25	$634.96	Water rates: to 15/04/25
Repairs: Doors	$286.20	Repairs: Doors
Repairs: Laundry Floor	$550.00	Repairs: Laundry Floor
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,879.58
Total payable by Tenant to Landlord	$1,879.58

Order

The tenancy of [The tenant/s] and [The tenant/s] at 502 Beach Road, Murrays Bay, Auckland 0630 is terminated, and possession is granted to [The landlord/s] at 11:59 pm on Sunday, 21 September 2025.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] $1,879.58 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,720.00 (BN-00107006) to [The landlord/s] immediately.
The applicant states that the rent is more than 21 days in arrears. They are seeking termination of the tenancy, an order for unpaid rent arrears, unpaid power bills, and compensation for damage to the property. This includes damage to the doors and the laundry floor, as well as reimbursement of the application filing fee.
The amounts claimed are as follows: a) Rent arrears: $3,100.42 b) Power Bills to 15 April 2025: $634.96 c) Door repairs: $286.20 d) Laundry floor repair (insurance excess): $550.00 e) Filing fee: $28.00 Rent arrears and termination:
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The applicant has provided rent records showing the amounts owing up to 18 September 2025. I am satisfied that these records are accurate. I have added three days’ rent to the total to reflect the amount owing as at the termination date. Power Bills:
The applicant has provided power bills showing the amounts owed up to 15 April 2025. These bills included fixed line charges of $97.28, which I have deducted. The records were also ambiguous as to the precise usage period covered. I have therefore made the award to the end of the billing period. If there is any discrepancy between the billing date and the actual usage dates, the applicant must bear this loss. Door Repairs:
The applicant has asked me to award the cost of repairing two holes in the doors. In support of this, they have provided an invoice and two photos showing impact damage and holes. A tenant is liable under section 49B(1)(a) for any intentional damage, and under section 49B(2) for any damage caused by a careless act or omission. The key distinction is that liability for careless damage is capped at the lesser of the landlord’s insurance excess or four weeks’ rent. In this case, the repair cost claimed is well below the excess, and so I do not need to determine whether the damage was intentional or careless. I am satisfied that the damage was, at the very least, caused by carelessness on the part of the respondent, and I therefore award the amount sought by the applicant. Laundry Repair:
8. The applicant has asked me to award the insurance excess of $550 for the repair of the laundry floor. They say that during one inspection, the respondent advised them there was a lot of water in the laundry area. The applicant engaged a plumber to identify the source. The plumber determined that the water was coming from the respondent’s washing machine, which was incorrectly installed and belongs to the respondent. On the wall side, the pipe was not secured properly and leaked, and on the machine side, no washer was attached to the connection, which also caused leakage.
During the assessment, the plumber fell through the floor due to dampness, and the applicant has provided photos showing a hole next to the washing machine. I am satisfied on the balance of probabilities that the applicant’s account is correct. I am also satisfied that this damage is careless damage. The applicant has produced an accepted insurance claim confirming an excess of $550 is payable. I therefore award this amount. Application Filing fee:
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. H Ben Fayed 18 September 2025

Tenancy Tribunal case 5318039 — Rent arrears at 502 Beach Road, Murrays Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5318039 — Rent arrears at 502 Beach Road, Murrays Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions