What was Tenancy Tribunal case 5338841 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 5338841?

Cleaning: $402.50 awarded to landlord; Cleaning: $420.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $191.00 awarded to landlord; Rent Arrears: $5,435.00 awarded to landlord; Lawns and Garden Work: $710.00 awarded to landlord; Water Rates: $1,149.60 awarded to landlord

What type of tenancy dispute was case 5338841?

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

Where can I read the official tribunal order for case 5338841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12904846-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5338841 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 5338841?

Cleaning: $402.50 awarded to landlord; Cleaning: $420.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $191.00 awarded to landlord; Rent Arrears: $5,435.00 awarded to landlord; Lawns and Garden Work: $710.00 awarded to landlord; Water Rates: $1,149.60 awarded to landlord

What type of tenancy dispute was case 5338841?

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

Where can I read the official tribunal order for case 5338841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12904846-Tribunal_Order_Redacted.pdf.

372 Swanson Road, Ranui, Auckland 0612 Tenancy Tribunal Case 5338841 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5338841 — net $4,836.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/9/2025	$5,435.00	Rent arrears to 25/9/2025
Water rates to 25/9/2025	$1,149.60	Water rates to 25/9/2025
Rubbish removal: lawns and gardens and repairs to gate and walls	$710.00	Rubbish removal: lawns and gardens and repairs to gate and walls
Lock/key replacement	$191.00	Lock/key replacement
Carpet Cleaning: including stain/odor removal	$402.50	Carpet Cleaning: including stain/odor removal
Cleaning	$420.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,836.10
Total payable by Tenant to Landlord	$4,836.10

Only the applicant landlord attended the hearing.

The tenant did not join the video meeting and could not be contacted by telephone.

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?

The tenancy ended on 25/9/2025. 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 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 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 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 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: the exterior gate was damaged and the hallway walls had holes that required repair. 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 not taken into account betterment and depreciation. The award is for actual repair costs only.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and have approved the name suppression requested.

Claims and awards in Tenancy Tribunal application 5338841 — net $4,836.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/9/2025	$5,435.00	Rent arrears to 25/9/2025
Water rates to 25/9/2025	$1,149.60	Water rates to 25/9/2025
Rubbish removal: lawns and gardens and repairs to gate and walls	$710.00	Rubbish removal: lawns and gardens and repairs to gate and walls
Lock/key replacement	$191.00	Lock/key replacement
Carpet Cleaning: including stain/odor removal	$402.50	Carpet Cleaning: including stain/odor removal
Cleaning	$420.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,836.10
Total payable by Tenant to Landlord	$4,836.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Misty Hope Witana must pay [The landlord/s] $4,836.10 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The tenant did not join the video meeting and could not be contacted by telephone.
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?

The tenancy ended on 25/9/2025. 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 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 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 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 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: the exterior gate was damaged and the hallway walls had holes that required repair. 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 not taken into account betterment and depreciation. The award is for actual repair costs only.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and have approved the name suppression requested.

Tenancy Tribunal case 5338841 — Rent arrears at 372 Swanson Road, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 5338841 — Rent arrears at 372 Swanson Road, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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