What was Tenancy Tribunal case 5327879 about?

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

How much money was awarded in case 5327879?

Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Loss Of Rent: $1,800.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $1,285.70 awarded to landlord; Broken Fence: $72.00 awarded to landlord

What type of tenancy dispute was case 5327879?

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

Where can I read the official tribunal order for case 5327879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12847551-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5327879 about?

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

How much money was awarded in case 5327879?

Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Loss Of Rent: $1,800.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $1,285.70 awarded to landlord; Broken Fence: $72.00 awarded to landlord

What type of tenancy dispute was case 5327879?

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

Where can I read the official tribunal order for case 5327879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12847551-Tenancy_Tribunal_Order.pdf.

38A Portobello Place, Torbay, Auckland 0630 Tenancy Tribunal Case 5327879 — Rent arrears

Claims and awards in Tenancy Tribunal application 5327879 — net $2,835.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,285.70	Rent arrears
Insurance excess for carpet	$1,000.00	Insurance excess for carpet
Repairs: Broken fence	$72.00	Repairs: Broken fence
Bark replacement	$100.00	Bark replacement
Loss of rent	$1,800.00	Loss of rent
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,835.70
Total payable by Tenant to Landlord	$2,835.70

Order

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $2,835.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5623766-003) to [The landlord/s] and [The landlord/s] immediately.

Reasons

Both parties attended the hearing on 25 November 2025.
The tenancy was from 2 November 2024 until 3 August 2025. 5327879, 53296192
At the end of the tenancy, the tenant applied for: a. Exemplary damages for the landlord’s failure to lodge the bond with the Bond Centre within the required time; b. Breach of the tenant’s quiet enjoyment of the premises; c. Finding of the Tribunal that the premises were reasonably clean and tidy at the end of the tenancy; d. Exemplary damages for the landlord giving the tenant a termination notice in retaliation; and e. Post-exit complaints causing financial and emotional distress to the tenants.
The landlord made a cross-application for against the tenant for: a. Rent arrears; b. Insurance excess for replacement of damaged carpets; c. Repair costs for broken fence; d. Replacement cost for bark; e. Loss of rent; and f. Exit cleaning costs.
I deal with the tenant’s application first. Tenant’s application
On 17 January 2025, the tenant queried to the landlord about whether the bond of $1,800.00 had been lodged with the Bond Centre
Th*e landlord confirmed that the previous tenant had not been removed from the bond.
The tenant claimed that this proved that the landlord had not lodged the bond with the Bond Centre within the required time.
Under section 19(1) Residential Tenancies Act 1986 (“RTA”), a landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A RTA.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having 5327879, 53296193 regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The landlord explained that the tenants prior to this tenancy had $1,600.00 bond held at the Bond Centre in relation to this premises. The previous tenant had agreed to pay the bond to the landlord due to arrears.
The landlord asked the Bond Centre to have the existing $1,600.00 bond “transferred” to the new tenants.
Although the landlord later found out that was not possible, the Bond Centre allowed this to happen by adding the new tenants’ names to the bond alongside the previous tenants.
The landlord explained that they forgot about the $200.00 difference in the bond but then transferred it immediately to the bond Centre when notified by the tenant. This was done on 28 January 2025.
AS the tenancy began on 1 November 2024, the remaining $200.00 of the bond was sent to the Bond Centre some 58 working das after the tenancy began.
However, I accept that the landlord had forgotten about the $200.00 difference in the bond paid and bond held at the Bond Centre. As noted, the landlord had lodged the difference with the Bond Centre as soon as it was mentioned. I do not find that this was an intentional breach.
I do not order any exemplary damages against the landlord for this breach. Breach of the tenant’s quiet enjoyment of the premises
The landlord [insert detail]. I find they have committed an unlawful act.
[insert analysis of intention and factors in subs 109(3)(a) to (d)] 21.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent [and water rates]?
The tenancy ended on [date]. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy [specify details].

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

5327879, 53296194

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 tenant did not return the keys.
The following chattels were missing at the end of the tenancy: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
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 5327879, 53296195 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: [list items]. 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.
[The tenant/s] and [The tenant/s] claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The landlord [insert details]. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
[insert analysis of intention and factors in subs 109(3)(a) to (d)] 45.
On [date], the landlord gave the tenant a notice ending the tenancy on [date]. The tenant claims the notice is retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986. 5327879, 53296196
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
The landlord [insert detail]. I find they have committed an unlawful act.
Where a party has issued a retaliatory notice, the Tribunal may award exemplary damages where it is satisfied it would be just to do so taking into account the effect of the unlawful act, the interests of the other party, and the public interest. For completeness giving of a retaliatory notice does not have to be intentional to award exemplary damages for a breach. See section 109(3) and (3A) Residential Tenancies Act 1986.
[insert analysis of factors in subs 109(3)(b) to (d)]
Because [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee. or
Because [The tenant/s], [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5327879 — net $2,835.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,285.70	Rent arrears
Insurance excess for carpet	$1,000.00	Insurance excess for carpet
Repairs: Broken fence	$72.00	Repairs: Broken fence
Bark replacement	$100.00	Bark replacement
Loss of rent	$1,800.00	Loss of rent
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,835.70
Total payable by Tenant to Landlord	$2,835.70

Order

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $2,835.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5623766-003) to [The landlord/s] and [The landlord/s] immediately.

Reasons

Both parties attended the hearing on 25 November 2025.
The tenancy was from 2 November 2024 until 3 August 2025. 5327879, 53296192
At the end of the tenancy, the tenant applied for: a. Exemplary damages for the landlord’s failure to lodge the bond with the Bond Centre within the required time; b. Breach of the tenant’s quiet enjoyment of the premises; c. Finding of the Tribunal that the premises were reasonably clean and tidy at the end of the tenancy; d. Exemplary damages for the landlord giving the tenant a termination notice in retaliation; and e. Post-exit complaints causing financial and emotional distress to the tenants.
The landlord made a cross-application for against the tenant for: a. Rent arrears; b. Insurance excess for replacement of damaged carpets; c. Repair costs for broken fence; d. Replacement cost for bark; e. Loss of rent; and f. Exit cleaning costs.
I deal with the tenant’s application first. Tenant’s application
On 17 January 2025, the tenant queried to the landlord about whether the bond of $1,800.00 had been lodged with the Bond Centre
Th*e landlord confirmed that the previous tenant had not been removed from the bond.
The tenant claimed that this proved that the landlord had not lodged the bond with the Bond Centre within the required time.
Under section 19(1) Residential Tenancies Act 1986 (“RTA”), a landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A RTA.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having 5327879, 53296193 regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The landlord explained that the tenants prior to this tenancy had $1,600.00 bond held at the Bond Centre in relation to this premises. The previous tenant had agreed to pay the bond to the landlord due to arrears.
The landlord asked the Bond Centre to have the existing $1,600.00 bond “transferred” to the new tenants.
Although the landlord later found out that was not possible, the Bond Centre allowed this to happen by adding the new tenants’ names to the bond alongside the previous tenants.
The landlord explained that they forgot about the $200.00 difference in the bond but then transferred it immediately to the bond Centre when notified by the tenant. This was done on 28 January 2025.
AS the tenancy began on 1 November 2024, the remaining $200.00 of the bond was sent to the Bond Centre some 58 working das after the tenancy began.
However, I accept that the landlord had forgotten about the $200.00 difference in the bond paid and bond held at the Bond Centre. As noted, the landlord had lodged the difference with the Bond Centre as soon as it was mentioned. I do not find that this was an intentional breach.
I do not order any exemplary damages against the landlord for this breach. Breach of the tenant’s quiet enjoyment of the premises
The landlord [insert detail]. I find they have committed an unlawful act.
[insert analysis of intention and factors in subs 109(3)(a) to (d)] 21.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent [and water rates]?
The tenancy ended on [date]. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy [specify details].

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

5327879, 53296194

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 tenant did not return the keys.
The following chattels were missing at the end of the tenancy: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
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 5327879, 53296195 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: [list items]. 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.
[The tenant/s] and [The tenant/s] claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The landlord [insert details]. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
[insert analysis of intention and factors in subs 109(3)(a) to (d)] 45.
On [date], the landlord gave the tenant a notice ending the tenancy on [date]. The tenant claims the notice is retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986. 5327879, 53296196
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
The landlord [insert detail]. I find they have committed an unlawful act.
Where a party has issued a retaliatory notice, the Tribunal may award exemplary damages where it is satisfied it would be just to do so taking into account the effect of the unlawful act, the interests of the other party, and the public interest. For completeness giving of a retaliatory notice does not have to be intentional to award exemplary damages for a breach. See section 109(3) and (3A) Residential Tenancies Act 1986.
[insert analysis of factors in subs 109(3)(b) to (d)]
Because [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee. or
Because [The tenant/s], [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5327879 — Rent arrears at 38A Portobello Place, Torbay, Auckland 0630

At a glance

Tenancy Tribunal case 5327879 — Rent arrears at 38A Portobello Place, Torbay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

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

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