What was Tenancy Tribunal case 5325185 about?

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

How much money was awarded in case 5325185?

Cleaning: $690.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $500.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Rent Arrears: $550.00 awarded to landlord; Electricity: $2,636.20 awarded to landlord; Holes: $575.00 awarded to landlord; Replace Carpet: $1,769.00 awarded to landlord; Rubbish Removal: $1,457.50 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5325185?

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

Where can I read the official tribunal order for case 5325185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13019719-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325185 about?

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

How much money was awarded in case 5325185?

Cleaning: $690.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $500.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Rent Arrears: $550.00 awarded to landlord; Electricity: $2,636.20 awarded to landlord; Holes: $575.00 awarded to landlord; Replace Carpet: $1,769.00 awarded to landlord; Rubbish Removal: $1,457.50 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5325185?

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

Where can I read the official tribunal order for case 5325185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13019719-Tribunal_Order_Redacted.pdf.

92 Mellons Bay Road, Mellons Bay, Auckland 2014 Tenancy Tribunal Case 5325185 — Property damage

Claims and awards in Tenancy Tribunal application 5325185 — net $6,498.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2025	$550.00	Rent arrears to 24 July 2025
Water rates (25/06/2025 – 25/07/2025	$55.75	Water rates (25/06/2025 – 25/07/2025
Lock/key replacement	$437.00	Lock/key replacement
Rubbish removal	$1,457.50	Rubbish removal
Cleaning	$690.00	Cleaning
Repairs: Holes	$575.00	Repairs: Holes
Repairs: Electricity	$2,636.20	Repairs: Electricity
Replace carpet	$1,769.00	Replace carpet
Painting	$500.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,498.45
Total payable by Tenant to Landlord	$6,498.45

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Van Nam Truong and Thi Hai Nguyen must pay [The landlord/s] $6,498.45 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 23 January 2026. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy on 24 July 2025. I accept the landlord’s evidence.
The landlord submitted a rent summary, which proves rent arrears are $550.00 up to this date. The landlord’s claim for rent arrears is granted for this amount.

How much does the tenant owe in outgoing water rates invoices?

The landlord submitted a copy of the original invoice from Watercare dated 25 July 2025. It records a total of $55.75 as being due for the period 25 June 2025 – 25 July 2025.
The landlord gave evidence the tenant has not paid this invoice. I accept the landlord’s evidence.
The landlord’s claim for compensation is granted for $55.75.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must return the keys, leave the premises reasonably clean and tidy and remove all of their goods and rubbish. 1 Locks/keys
The landlord gave evidence the tenant did not return the keys. I accept the landlord’s evidence.
The landlord submitted an invoice for $437.00 to replace the locks and keys. The landlord’s claim for compensation is granted for this amount. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii), (iii) & (iv). Rubbish removal
The photographs taken at the end of the tenancy prove the tenant did not remove all of their belongings or rubbish. There is food, generic household and personal belongings, furniture and rubbish strewn throughout the premises.
The landlord submitted an invoice for $1,457.00 for rubbish removal. The landlord’s claim for compensation is granted for this amount. Cleaning
The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy. No attempt to clear rubbish has been made. The premises have not been vacuumed, mopped and none of the surfaces have been wiped down.
The landlord submitted an invoice for $690.00 for cleaning. The landlord’s claim for compensation is granted for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law
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. 2
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 3
The purpose of compensation is to restore the landlord to the same position they would have been in had the tenant not breached their obligations. The landlord must not be any better or worse off. To achieve this, there may need to be a reduction to the total amount of compensation sought to reflect betterment and depreciation. This is particularly the case where full replacement or reinstatement has been undertaken. 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 3 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Holes
The landlord submitted photographs taken at the beginning of the tenancy. No holes are present inside the premises. In contrast, the photographs taken at the end of the tenancy show holes in the floor of wardrobes and ceiling where multiple lights appear to be hanging. The landlord gave evidence that the tenant used the premises to cultivate cannabis. The landlord claims the tenant ventilated a fan placed underneath the house throughout the main house using ducting and holes in the floorboards. They submitted a copy of a search warrant from the Police. The photographs taken at the end of the tenancy show remnants of what appears to be a cannabis growing operation.
On the balance of probabilities, I find the holes in the floor and ceiling occurred during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $575.00 to repair the holes. The landlord also submitted an invoice for $2,300.00 to paint the premises, including the holes. The landlord seeks to recover $500.00 of this invoice.
The landlord’s claim for compensation in relation to the holes is granted for a total of $1,075.00. Electricity repairs
The landlord claims the tenant modified, re-routed and misused electricity at the premises as part of the cannabis growing operation. The photographs taken at the end of the tenancy show numerous wires throughout the premises, including multiple hanging from the ceiling. These appear to most likely have been used to delivered electricity and light to cannabis growing inside the premises.
The landlord submitted an invoice for repairs which states: Complete reworking of the property to rectify unauthorised alterations and circuit modifications. Restoration of electrical system to meet compliance standards. Reorganisation and upgrading the main switchboard for safety and functionality.
On the balance of probabilities, I find the electrical circuit, electrical system and main switchboard were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $2,636.20 to repair the electrical circuit and system. The landlord’s claim for compensation is granted for this amount. Carpet
The photographs taken at the beginning of the tenancy show the carpet to be in good condition. In contrast, the photographs taken at the end show the carpet to be heavily stained and discoloured. The landlord gave evidence it was also wet. I accept the landlord’s evidence and find the carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord has had the carpet replaced and submitted an invoice for $3,538.00. An adjustment needs to be made to reflect betterment and depreciation. The carpet provided with the tenancy was clearly very dated from the photographs. The estimated useful lifespan of carpet is 8 years according to Inland Revenue’s General Depreciation Rates IR265. The carpet was most likely at the end of its estimated useful lifespan by the end of the tenancy.
In these circumstances, I find a deduction of 50% to be reasonable. The landlord’s claim for compensation is granted for $1,769.00. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5325185 — net $6,498.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2025	$550.00	Rent arrears to 24 July 2025
Water rates (25/06/2025 – 25/07/2025	$55.75	Water rates (25/06/2025 – 25/07/2025
Lock/key replacement	$437.00	Lock/key replacement
Rubbish removal	$1,457.50	Rubbish removal
Cleaning	$690.00	Cleaning
Repairs: Holes	$575.00	Repairs: Holes
Repairs: Electricity	$2,636.20	Repairs: Electricity
Replace carpet	$1,769.00	Replace carpet
Painting	$500.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,498.45
Total payable by Tenant to Landlord	$6,498.45

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Van Nam Truong and Thi Hai Nguyen must pay [The landlord/s] $6,498.45 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 23 January 2026. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy on 24 July 2025. I accept the landlord’s evidence.
The landlord submitted a rent summary, which proves rent arrears are $550.00 up to this date. The landlord’s claim for rent arrears is granted for this amount.

How much does the tenant owe in outgoing water rates invoices?

The landlord submitted a copy of the original invoice from Watercare dated 25 July 2025. It records a total of $55.75 as being due for the period 25 June 2025 – 25 July 2025.
The landlord gave evidence the tenant has not paid this invoice. I accept the landlord’s evidence.
The landlord’s claim for compensation is granted for $55.75.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must return the keys, leave the premises reasonably clean and tidy and remove all of their goods and rubbish. 1 Locks/keys
The landlord gave evidence the tenant did not return the keys. I accept the landlord’s evidence.
The landlord submitted an invoice for $437.00 to replace the locks and keys. The landlord’s claim for compensation is granted for this amount. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii), (iii) & (iv). Rubbish removal
The photographs taken at the end of the tenancy prove the tenant did not remove all of their belongings or rubbish. There is food, generic household and personal belongings, furniture and rubbish strewn throughout the premises.
The landlord submitted an invoice for $1,457.00 for rubbish removal. The landlord’s claim for compensation is granted for this amount. Cleaning
The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy. No attempt to clear rubbish has been made. The premises have not been vacuumed, mopped and none of the surfaces have been wiped down.
The landlord submitted an invoice for $690.00 for cleaning. The landlord’s claim for compensation is granted for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law
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. 2
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 3
The purpose of compensation is to restore the landlord to the same position they would have been in had the tenant not breached their obligations. The landlord must not be any better or worse off. To achieve this, there may need to be a reduction to the total amount of compensation sought to reflect betterment and depreciation. This is particularly the case where full replacement or reinstatement has been undertaken. 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 3 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Holes
The landlord submitted photographs taken at the beginning of the tenancy. No holes are present inside the premises. In contrast, the photographs taken at the end of the tenancy show holes in the floor of wardrobes and ceiling where multiple lights appear to be hanging. The landlord gave evidence that the tenant used the premises to cultivate cannabis. The landlord claims the tenant ventilated a fan placed underneath the house throughout the main house using ducting and holes in the floorboards. They submitted a copy of a search warrant from the Police. The photographs taken at the end of the tenancy show remnants of what appears to be a cannabis growing operation.
On the balance of probabilities, I find the holes in the floor and ceiling occurred during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted an invoice for $575.00 to repair the holes. The landlord also submitted an invoice for $2,300.00 to paint the premises, including the holes. The landlord seeks to recover $500.00 of this invoice.
The landlord’s claim for compensation in relation to the holes is granted for a total of $1,075.00. Electricity repairs
The landlord claims the tenant modified, re-routed and misused electricity at the premises as part of the cannabis growing operation. The photographs taken at the end of the tenancy show numerous wires throughout the premises, including multiple hanging from the ceiling. These appear to most likely have been used to delivered electricity and light to cannabis growing inside the premises.
The landlord submitted an invoice for repairs which states: Complete reworking of the property to rectify unauthorised alterations and circuit modifications. Restoration of electrical system to meet compliance standards. Reorganisation and upgrading the main switchboard for safety and functionality.
On the balance of probabilities, I find the electrical circuit, electrical system and main switchboard were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $2,636.20 to repair the electrical circuit and system. The landlord’s claim for compensation is granted for this amount. Carpet
The photographs taken at the beginning of the tenancy show the carpet to be in good condition. In contrast, the photographs taken at the end show the carpet to be heavily stained and discoloured. The landlord gave evidence it was also wet. I accept the landlord’s evidence and find the carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord has had the carpet replaced and submitted an invoice for $3,538.00. An adjustment needs to be made to reflect betterment and depreciation. The carpet provided with the tenancy was clearly very dated from the photographs. The estimated useful lifespan of carpet is 8 years according to Inland Revenue’s General Depreciation Rates IR265. The carpet was most likely at the end of its estimated useful lifespan by the end of the tenancy.
In these circumstances, I find a deduction of 50% to be reasonable. The landlord’s claim for compensation is granted for $1,769.00. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Tenancy Tribunal case 5325185 — Property damage at 92 Mellons Bay Road, Mellons Bay, Auckland 2014

At a glance

Tenancy Tribunal case 5325185 — Property damage at 92 Mellons Bay Road, Mellons Bay, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outgoing water rates invoices?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outgoing water rates invoices?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions