What was Tenancy Tribunal case 5334590 about?

The tribunal order states: Luke William Daly and Marie-Claire Harris must pay Ray White Remuera

How much money was awarded in case 5334590?

Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $187.88 awarded to landlord; Rent Arrears: $930.00 awarded to landlord; Swimming Pool Maintenance To End Of…: $1,468.79 awarded to landlord; Water Rates: $521.87 awarded to landlord

What type of tenancy dispute was case 5334590?

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

Where can I read the official tribunal order for case 5334590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12705262-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5334590 about?

The tribunal order states: Luke William Daly and Marie-Claire Harris must pay Ray White Remuera

How much money was awarded in case 5334590?

Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $187.88 awarded to landlord; Rent Arrears: $930.00 awarded to landlord; Swimming Pool Maintenance To End Of…: $1,468.79 awarded to landlord; Water Rates: $521.87 awarded to landlord

What type of tenancy dispute was case 5334590?

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

Where can I read the official tribunal order for case 5334590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12705262-Tenancy_Tribunal_Order.pdf.

28 Norana Avenue, Remuera, Auckland 1050 Tenancy Tribunal Case 5334590 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5334590 — net $3,636.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 July 2025 (by consent	$930.00	Rent arrears to 23 July 2025 (by consent
Water rates to end of tenancy	$521.87	Water rates to end of tenancy
Swimming pool maintenance to end of tenancy	$1,468.79	Swimming pool maintenance to end of tenancy
Gate replacement (depreciated	$500.00	Gate replacement (depreciated
Window repairs	$187.88	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,636.54
Total payable by Tenant to Landlord	$3,636.54

Both parties attended the hearing. The landlord was represented by Ms Gao and Mr Harvey. Ms Harris attended without Mr Daly but confirmed that she had authority to represent him at the hearing today.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates and pool cleaning?

The tenancy began on 24 July 2024 and ended on 23 July 2025. Rent

The bond has already been released to the landlord to cover a large portion of the arrears. The landlord provided rent records which showed that, after the bond was applied to arrears, the sum of $930.00 remained owing.

Ms Harris reviewed the landlord’s ren records at the hearing and confirmed them to be accurate. I therefore make an order for rent arrears by consent. Water rates

The landlord also provided copies of water rates invoices, noting which ones had been paid during the tenancy and which remained owing, together with a ledger showing the amounts owing. The landlord claims the sum of $521.87 for outstanding water rates.

I am satisfied that the water rates claimed are owing. This claim is proved. Swimming pool charges

The landlord said that the tenancy agreement provided that the tenant was responsible for the day-to-day upkeep of the swimming pool including cleaning and pool chemicals.

The landlord continued to engage the same contractor previously used by the owner (when living at the property) and then sent on the invoices to the tenant. The tenant paid invoices dated August to December 2024 (the landlord paid an additional invoice in October 2024 for specific maintenance – not day to day upkeep), but did not pay the invoices for January to the end of the tenancy in July 2025.

The landlord provided copies of all invoices. The unpaid invoices total $1,468.79.

The tenant said that they were not always happy with the contractor and that at times they could not use the pool because it was green.

The landlord said that they were never told about any issues with the pool or with the contractor.

I consider that this claim is proved. It was the tenant’s obligation to pay for day- to-day upkeep of the pool.

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. Cleaning

The landlord said that the property was not left reasonably clean and tidy. They produced an invoice in the amount of $207.00 for cleaning, together with ingoing and outgoing inspection photos.

The tenant said that the property was not clean when they moved in and they spent a whole day cleaning it, and that they did clean the property when they left.

Tenants do not need to leave the tenancy property spotless and ready for a new tenant to move into, they just need to leave the property “reasonably” clean and tidy overall. It is to be expected that landlords will need to do some additional cleaning before a new tenant moves in.

The photos show some dust above the fireplace, and some small flecks on the kitchen bench and floor but in my view these are minor matters and the tenants left the property reasonably clean and tidy overall.

The claim for cleaning is not proven and is dismissed. Garden

The landlord also said that the garden was not left tidy in some areas (weeding was needed) and that there were items left in the garden. The landlord produced photos of the area.

The tenant said that they left the property reasonably tidy, that they paid someone to do the garden, and that what looks to be a microwave oven in the garden was there when they moved in.

Having reviewed the photos I consider that the gardens are reasonably clean and tidy. I accept that there is an area along the edge by the pool that requires weeding but again, it is expected that a landlord will need to do an additional garden tidy up before new tenants move in. There was no entry inspection photo of the area where the oven was situated for comparison.

The claim in respect of the garden is not proven and is dismissed. Keys

The landlord said that the tenant did not return one of the front door keys and one of the back door keys and sought $20.00 for key cutting but did not provide an invoice for this amount.

The tenant said that she did return the keys.

As there is no invoice I do not find this claim proven. The claim in respect of the keys is dismissed.

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. Window

The landlord said that there was a broken window at the end of the tenancy. They produced both ingoing and outgoing inspection photos showing the window intact at the start of the tenancy and broken (but taped up) at the end. The landlord produced an invoice for glazing in the amount of $187.88.

The tenant said that the window broke during the tenancy but she was not sure how. She said that the house was old and tended to shift on its foundations. She also said that she pointed out the window to the owner when he came over to pick up mail, and that he said he would fix the window but he never did.

The landlord rang the owner during the hearing who said that he had always expected that the tenant would pay for the window repair.

I am satisfied the window was broken during the tenancy and is more than fair wear and tear. The tenants have not proven that they did not cause the damage.

This claim is proved. Gate replacement

The landlord said that the tenants had removed a side gate to install a spa pool by cutting off the post and that the gate had to be replaced. The landlord produced an invoice in the amount of $1,207.50 for the gate.

The tenant said that the owner told them that they could remove the gate, and that they put it back.

The landlord said that the posts had been cut and the tenants’ repairs left the gate structurally unsound. The landlord called the owner during the hearing and he explained that he had not agreed that the tenants could cut the posts.

I am satisfied that the landlord has proved that this damage occurred during tenancy and that the damage is more than fair wear and tear.

In determining compensation however I must consider 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. The existing gate was a very old trellis gate, and some of the trellis had come away. The landlord now has a new gate. I consider that compensation of $500 is reasonable in all the circumstances. Wall touch-up

The landlord said that there was damage to the paintwork in one of the bedrooms. They produced exit inspection photos of “third bedroom on right” showing two patches that are roughly plastered and unpainted.

On review of the entry inspection photos however the same damage can be seen in the “third bedroom on right”. I have looked carefully at these photos in case they have been incorrectly named but I am satisfied that this is the same room based on other features in the room such as the wardrobe and windows, and the view out the window.

In my view this damage was pre-existing. This claim is not proved and is dismissed. Filing fee and name suppression

The landlord has been the substantially successful party and so I have reimbursed the filing fee.

The landlord did not seek an order for name suppression. The tenant is not entitled to an order as they are not the substantially successful party.

Reasons

Claims and awards in Tenancy Tribunal application 5334590 — net $3,636.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 July 2025 (by consent	$930.00	Rent arrears to 23 July 2025 (by consent
Water rates to end of tenancy	$521.87	Water rates to end of tenancy
Swimming pool maintenance to end of tenancy	$1,468.79	Swimming pool maintenance to end of tenancy
Gate replacement (depreciated	$500.00	Gate replacement (depreciated
Window repairs	$187.88	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,636.54
Total payable by Tenant to Landlord	$3,636.54