What was Tenancy Tribunal case 5335803 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 5335803?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,585.00 awarded to landlord; Plastering And Painting: $793.50 awarded to landlord; Replace furnishings: curtains- maste…: $172.50 awarded to landlord; Rubbish Removal: $483.00 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord; Water Rates: $396.80 awarded to landlord

What type of tenancy dispute was case 5335803?

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

Where can I read the official tribunal order for case 5335803?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12800301-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5335803 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 5335803?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,585.00 awarded to landlord; Plastering And Painting: $793.50 awarded to landlord; Replace furnishings: curtains- maste…: $172.50 awarded to landlord; Rubbish Removal: $483.00 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord; Water Rates: $396.80 awarded to landlord

What type of tenancy dispute was case 5335803?

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

Where can I read the official tribunal order for case 5335803?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12800301-Tribunal_Order_Redacted.pdf.

3C Penfold Place, Henderson, Auckland 0610 Tenancy Tribunal Case 5335803 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5335803 — net $3,996.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/9/25	$4,585.00		Rent arrears to 1/9/25
Filing fee reimbursement	$28.00		Filing fee reimbursement
Cleaning and rubbish removal	$483.00		Cleaning and rubbish removal
Water rates	$396.80		Water rates
Replace smoke alarms	$57.50		Replace smoke alarms
Repairs: Plastering and painting	$793.50		Repairs: Plastering and painting
Replace furnishings: curtains- master bedroom	$172.50		Replace furnishings: curtains- master bedroom
Bond refunded		$2,520.00	Bond refunded
Total award	$6,516.30	$2,520.00
Net award	$3,996.30
Total payable by Tenant to Landlord	$3,996.30

A representative of the landlord attended the hearing conducted remotely. The tenant could not be contacted on the phone number provided at the time of the hearing however I am satisfied that notice of the hearing had been served correctly.

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 ?

The tenancy ended on 1 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The following chattels were missing at the end of the tenancy: A smoke alarm had been removed and required refitting with a new battery

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 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.

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 landlord claims the following damage was caused during the tenancy. External hot water tank damaged

The landlord produced evidence to show the external water tank had a dent in it and this had been repaired. The landlord stated that the only way this could have happened was if the tenant’s car had run into it however the tenant stated to the landlord she had not damaged the tank and it was more likely caused by the lawn mower man. The landlord said there had been agreement between them to share the cost of the repairs between them, but this was not recorded in writing. I find the landlord has not established to the required level that the tenant caused the damage to the external water tank and this claim is dismissed. Master bedroom curtains stained and detached

The landlord produced evidence that the curtains in the master bedroom were almost completely detached and showed significant staining on the inside of the curtains, most likely caused by water damage. The pre -tenancy photographs did show the curtains were not fully attached but did not show any damage to the rear of the curtains. I find that this damage was more likely than caused carelessly rather than intentionally. The tenant is liable for the cost of replacement curtains after taking into account depreciation. Damage to the paint work on the walls in the hallway, living area/ lounge and bedrooms

The pre -tenancy photographs showed that there was some minor marks and scuffs in the hallway, in bedroom 2 and in the laundry however the post- tenancy photographs showed there was significantly more damage in the hallway and the bedrooms and the lounge. The damage required plastering in many places and repainting. The premises were painted two years ago. I do find this damage was caused carelessly and as such the tenant is liable for the cost of repainting and plastering less depreciation. Chip in the edge of the kitchen bench

During the tenancy a small chip occurred on the edge of the kitchen bench. This is hardly visible. The landlord is unaware how much it would cost for a repair or if it can be repaired. The premises have been re-tenanted. I find that this small chip can be regarded is fair wear and tear rather than damage caused carelessly or intentionally by the tenant and this part of the claim is dismissed. Two bulbs not working in the bathroom

The landlord is claiming for the replacement two lamps in the bathroom which we were no longer working. While a tenant may be liable for bulbs had they been removed it is not the case here and that bulbs had stopped working not through any careless or intentional damage caused by the tenant but rather by fair wear and tear. This part of the claim is dismissed. Two door stoppers were missing.

It is very commonplace in any home that door stoppers are vulnerable to being knocked or becoming unfixed. This is not due to careless or intentional damage caused by the tenant but rather fair wear and tear and this part of the claim is dismissed.

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.

Because [The applicant/s] has largely succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5335803 — net $3,996.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/9/25	$4,585.00		Rent arrears to 1/9/25
Filing fee reimbursement	$28.00		Filing fee reimbursement
Cleaning and rubbish removal	$483.00		Cleaning and rubbish removal
Water rates	$396.80		Water rates
Replace smoke alarms	$57.50		Replace smoke alarms
Repairs: Plastering and painting	$793.50		Repairs: Plastering and painting
Replace furnishings: curtains- master bedroom	$172.50		Replace furnishings: curtains- master bedroom
Bond refunded		$2,520.00	Bond refunded
Total award	$6,516.30	$2,520.00
Net award	$3,996.30
Total payable by Tenant to Landlord	$3,996.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Claudia Soqeta must pay [The landlord/s] $3,996.30 immediately, calculated as shown in table below.

Reasons

A representative of the landlord attended the hearing conducted remotely. The tenant could not be contacted on the phone number provided at the time of the hearing however I am satisfied that notice of the hearing had been served correctly.
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 ?

The tenancy ended on 1 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The following chattels were missing at the end of the tenancy: A smoke alarm had been removed and required refitting with a new battery
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 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.
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 landlord claims the following damage was caused during the tenancy. External hot water tank damaged
The landlord produced evidence to show the external water tank had a dent in it and this had been repaired. The landlord stated that the only way this could have happened was if the tenant’s car had run into it however the tenant stated to the landlord she had not damaged the tank and it was more likely caused by the lawn mower man. The landlord said there had been agreement between them to share the cost of the repairs between them, but this was not recorded in writing. I find the landlord has not established to the required level that the tenant caused the damage to the external water tank and this claim is dismissed. Master bedroom curtains stained and detached
The landlord produced evidence that the curtains in the master bedroom were almost completely detached and showed significant staining on the inside of the curtains, most likely caused by water damage. The pre -tenancy photographs did show the curtains were not fully attached but did not show any damage to the rear of the curtains. I find that this damage was more likely than caused carelessly rather than intentionally. The tenant is liable for the cost of replacement curtains after taking into account depreciation. Damage to the paint work on the walls in the hallway, living area/ lounge and bedrooms
The pre -tenancy photographs showed that there was some minor marks and scuffs in the hallway, in bedroom 2 and in the laundry however the post- tenancy photographs showed there was significantly more damage in the hallway and the bedrooms and the lounge. The damage required plastering in many places and repainting. The premises were painted two years ago. I do find this damage was caused carelessly and as such the tenant is liable for the cost of repainting and plastering less depreciation. Chip in the edge of the kitchen bench
During the tenancy a small chip occurred on the edge of the kitchen bench. This is hardly visible. The landlord is unaware how much it would cost for a repair or if it can be repaired. The premises have been re-tenanted. I find that this small chip can be regarded is fair wear and tear rather than damage caused carelessly or intentionally by the tenant and this part of the claim is dismissed. Two bulbs not working in the bathroom
The landlord is claiming for the replacement two lamps in the bathroom which we were no longer working. While a tenant may be liable for bulbs had they been removed it is not the case here and that bulbs had stopped working not through any careless or intentional damage caused by the tenant but rather by fair wear and tear. This part of the claim is dismissed. Two door stoppers were missing.
It is very commonplace in any home that door stoppers are vulnerable to being knocked or becoming unfixed. This is not due to careless or intentional damage caused by the tenant but rather fair wear and tear and this part of the claim is dismissed.
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.
Because [The applicant/s] has largely succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5335803 — Rent arrears at 3C Penfold Place, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5335803 — Rent arrears at 3C Penfold Place, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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

Frequently asked questions