What was Tenancy Tribunal case 5342529 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Apartment 7, 151 Waihi Road,

How much money was awarded in case 5342529?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,885.71 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5342529?

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

Where can I read the official tribunal order for case 5342529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672322-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342529 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Apartment 7, 151 Waihi Road,

How much money was awarded in case 5342529?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,885.71 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5342529?

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

Where can I read the official tribunal order for case 5342529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672322-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga Tenancy Tribunal Case 5342529 — Rent arrears

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Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga Tenancy Tribunal Case 5342529 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5342529 — net $713.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/11/2025	$1,885.71	Rent arrears to 9/11/2025
Toilet replacement: Excess	$400.00	Toilet replacement: Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$713.71
Total payable by Tenant to Landlord	$713.71

Claims and awards for application 5342529 — net $713.71 NZD. Verify on MoJ.

Rent arrears to 9/11/2025

Amount: $1,885.71
Awarded to: Landlord
Reason: Rent arrears to 9/11/2025

Toilet replacement: Excess

Amount: $400.00
Awarded to: Landlord
Reason: Toilet replacement: Excess

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $713.71

Total payable by Tenant to Landlord

Landlord $713.71

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga 3110, Judea Heights is terminated, and possession is granted to Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott, at 11:59 On Sunday 9 November 2025.
The Bond Centre is to pay the bond of $1,600.00 (BN-00041796) to Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott immediately.
[The tenant/s] tenant/s] must pay Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott $713.71 immediately, calculated as shown in the table below:

Reasons

The applicant attended the hearing by video link. The respondent did not attend or answer the phone.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which show the amount owing to 11/11/2025. I have reduced the total by two days to reflect the amount owing to the date of termination.
The applicant has also applied for compensation for the damage to the toilet. The photo shows the bottom of the toilet severely damaged, likely by heavy impact. The applicant tells me the nature of the damage means it was unlikely to have been accidental damage and it is not fair wear and tear. The applicant tells me that this is what their trades person told them also. I accept this.
In the context of the Residential Tenancies Act (RTA) and tenancy tribunal proceedings, damage generally falls into three primary categories: intentional, careless, and fair wear and tear. Accidental damage may arise as a subcategory within these, and its proper classification depends on the overall circumstances of the incident. Whether damage is accidental forms part of a holistic assessment of its nature and cause.
I cannot distinguish whether this damage was intentional or careless on the evidence, but I am satisfied that it was either or and caused by the tenant. In the context of an award, I can therefore award only the lesser liability rate for careless damage which is the insurance excess. The insurance excess for tenant damage recorded in the tenancy agreement is $400.00 and this amount is awarded.
Because Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott has wholly succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5342529 — net $713.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/11/2025	$1,885.71	Rent arrears to 9/11/2025
Toilet replacement: Excess	$400.00	Toilet replacement: Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$713.71
Total payable by Tenant to Landlord	$713.71

Claims and awards for application 5342529 — net $713.71 NZD. Verify on MoJ.

Rent arrears to 9/11/2025

Amount: $1,885.71
Awarded to: Landlord
Reason: Rent arrears to 9/11/2025

Toilet replacement: Excess

Amount: $400.00
Awarded to: Landlord
Reason: Toilet replacement: Excess

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $713.71

Total payable by Tenant to Landlord

Landlord $713.71

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga 3110, Judea Heights is terminated, and possession is granted to Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott, at 11:59 On Sunday 9 November 2025.
The Bond Centre is to pay the bond of $1,600.00 (BN-00041796) to Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott immediately.
[The tenant/s] tenant/s] must pay Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott $713.71 immediately, calculated as shown in the table below:

Reasons

The applicant attended the hearing by video link. The respondent did not attend or answer the phone.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which show the amount owing to 11/11/2025. I have reduced the total by two days to reflect the amount owing to the date of termination.
The applicant has also applied for compensation for the damage to the toilet. The photo shows the bottom of the toilet severely damaged, likely by heavy impact. The applicant tells me the nature of the damage means it was unlikely to have been accidental damage and it is not fair wear and tear. The applicant tells me that this is what their trades person told them also. I accept this.
In the context of the Residential Tenancies Act (RTA) and tenancy tribunal proceedings, damage generally falls into three primary categories: intentional, careless, and fair wear and tear. Accidental damage may arise as a subcategory within these, and its proper classification depends on the overall circumstances of the incident. Whether damage is accidental forms part of a holistic assessment of its nature and cause.
I cannot distinguish whether this damage was intentional or careless on the evidence, but I am satisfied that it was either or and caused by the tenant. In the context of an award, I can therefore award only the lesser liability rate for careless damage which is the insurance excess. The insurance excess for tenant damage recorded in the tenancy agreement is $400.00 and this amount is awarded.
Because Beach Realty Rentals Limited As Agent For Garry & Lynn Ellicott has wholly succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5342529 — Rent arrears at Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga

At a glance

Tenancy Tribunal case 5342529 — Rent arrears at Unit/Flat Apartment 7, 151 Waihi Road, Judea, Tauranga

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.