What was Tenancy Tribunal case 5339007 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Wiseway Realty Limited

How much money was awarded in case 5339007?

Cleaning: $500.00 awarded to landlord; Rent Arrears: $7,294.00 awarded to landlord; Rubbish Removal: $109.00 awarded to landlord; Water Rates: $369.01 awarded to landlord

What type of tenancy dispute was case 5339007?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5339007?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12686765-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5339007 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Wiseway Realty Limited

How much money was awarded in case 5339007?

Cleaning: $500.00 awarded to landlord; Rent Arrears: $7,294.00 awarded to landlord; Rubbish Removal: $109.00 awarded to landlord; Water Rates: $369.01 awarded to landlord

What type of tenancy dispute was case 5339007?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5339007?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12686765-Tenancy_Tribunal_Order.pdf.

1 Luff Place, Long Bay, Auckland 0630 Tenancy Tribunal Case 5339007 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5339007 — net $2,752.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/09/2025	$7,294.00	Rent arrears to 19/09/2025
Rubbish removal: Flexi Bin	$109.00	Rubbish removal: Flexi Bin
Cleaning/Gardening	$500.00	Cleaning/Gardening
Water rates to 19/09/2025	$369.01	Water rates to 19/09/2025
Net award	$2,752.01
Total payable by Tenant to Landlord	$2,752.01

[The tenant/s] and [The tenant/s] must pay Wiseway Realty Limited $2,752.01 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $5,520.00 (6497749-007) to Wiseway Realty Limited immediately.

This tenancy commenced on 12 September 2024 and concluded on the 19 th of September 2025.

This application concerns various vacated tenancy costs. The applicant seeks the following amounts: a) $7,294.00 in rent arrears to 19 September 2025 b) $1,495.00 for cleaning, rubbish removal, and gardening services c) $3,450.00 for painting of the deck d) $109.00 for FlexiBin removal e) $369.01 for water rates arrears to 19 September 2025

Is the respondent liable for the rent arrears?

The applicant has provided records showing the amounts owing to 19 September 2025. I am satisfied that these records are correct.

Accordingly, the rent arrears are awarded. Is the respondent liable for the water rates arrears and the removal of the flexi bin?

The respondent advised during the hearing that he accepts liability for the cost of removing the FlexiBin, which was left at the property at the conclusion of the tenancy. He also accepts the landlord’s records regarding the water rates arrears.

These amounts are awarded on that basis.

Is the respondent liable for the cleaning and lawns invoice?

Section 40(1)(e)(iii) of the Act requires the tenant, at the conclusion of the tenancy, to leave the property in a reasonably clean and tidy condition. The tenant is liable for any costs associated with returning the property to that condition if they breach this obligation.

Conversely, the landlord bears the burden of establishing, on the balance of probabilities, that the tenant has not met their obligation for the Tribunal to award a claim.

In this matter, there is limited evidence as to the state of the property at the conclusion of the tenancy. The photographs provided generally depict the premises in a reasonable condition. While some photographs indicate that limited gardening work may have been required, I am not satisfied, on the balance of probabilities, that cleaning and gardening costs totalling $1,495 were necessary.

At the conclusion of the hearing, I provided the applicant with a further opportunity to upload additional photographs. However, none of the evidence provided satisfied me, on the balance of probabilities, that the amount claimed was justified.

Accordingly, I have determined that a contribution of $500 toward the overall cost is reasonable and adequately covers the tenant’s liability.

Is the tenant liable for the deck painting invoice?

The context of these claims is that the respondent states they had intended to reside in the property for an extended period and had a verbal agreement with the landlord to that effect. In the spirit of this long-term arrangement, the respondent reports having made certain improvements to the property.

They installed custom-made blinds, costing close to $2,800.00, with the landlord’s consent. They also sought and obtained the landlord’s permission to paint the deck in order to make the property feel more homely from their perspective.

At the conclusion of the tenancy, the landlord repainted the deck and the retaining wall. The landlord now seeks to recover the cost of repainting the deck, asserting that the tenant’s earlier paintwork, although consented to, did not fully match. However, the landlord has not provided any photographic evidence to support this claim. I provided the landlord with an opportunity to submit additional evidence following the hearing, but none was received.

There is nothing in the applicant’s case or evidence to suggest that the repainting was necessary or that the tenants failed to perform the earlier painting to a satisfactory standard. The respondent also submitted that the landlord wished to present the property as attractively as possible in order to maximise its sale price, as the property was placed on the market at the conclusion of the tenancy.

On the balance of probabilities, I consider it more likely that the repainting was undertaken for sale presentation purposes rather than due to any defects caused by the tenants. Accordingly, the claim for the cost of repainting the deck is dismissed. Filing fee and suppression:

Because the applicant has not been wholly successful I have not granted suppression or the filing fee. H Ben Fayed 10 November 2025

Order

Claims and awards in Tenancy Tribunal application 5339007 — net $2,752.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/09/2025	$7,294.00	Rent arrears to 19/09/2025
Rubbish removal: Flexi Bin	$109.00	Rubbish removal: Flexi Bin
Cleaning/Gardening	$500.00	Cleaning/Gardening
Water rates to 19/09/2025	$369.01	Water rates to 19/09/2025
Net award	$2,752.01
Total payable by Tenant to Landlord	$2,752.01

[The tenant/s] and [The tenant/s] must pay Wiseway Realty Limited $2,752.01 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $5,520.00 (6497749-007) to Wiseway Realty Limited immediately.

This tenancy commenced on 12 September 2024 and concluded on the 19 th of September 2025.

Is the respondent liable for the rent arrears?

The applicant has provided records showing the amounts owing to 19 September 2025. I am satisfied that these records are correct.

Accordingly, the rent arrears are awarded. Is the respondent liable for the water rates arrears and the removal of the flexi bin?

These amounts are awarded on that basis.

Is the respondent liable for the cleaning and lawns invoice?

Conversely, the landlord bears the burden of establishing, on the balance of probabilities, that the tenant has not met their obligation for the Tribunal to award a claim.

Accordingly, I have determined that a contribution of $500 toward the overall cost is reasonable and adequately covers the tenant’s liability.

Is the tenant liable for the deck painting invoice?

Because the applicant has not been wholly successful I have not granted suppression or the filing fee. H Ben Fayed 10 November 2025

Tenancy Tribunal case 5339007 — Rent arrears at 1 Luff Place, Long Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5339007 — Rent arrears at 1 Luff Place, Long Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Is the respondent liable for the rent arrears?

Is the respondent liable for the cleaning and lawns invoice?

Is the tenant liable for the deck painting invoice?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Is the respondent liable for the rent arrears?

Is the respondent liable for the cleaning and lawns invoice?

Is the tenant liable for the deck painting invoice?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions