What was the outcome of Tenancy Tribunal case 5342672?

The tribunal order states: Troi Nathan and JP Van Den Bergh must pay Wolfbrook Property Management

How much money was awarded in case 5342672?

Cleaning: $299.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lease Break Fee: $920.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent Arrears: $7,245.00 awarded to landlord; Appliance: $142.50 awarded to landlord

What type of tenancy dispute was case 5342672?

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

Where can I read the official tribunal order for case 5342672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13040163-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5342672?

The tribunal order states: Troi Nathan and JP Van Den Bergh must pay Wolfbrook Property Management

How much money was awarded in case 5342672?

Cleaning: $299.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lease Break Fee: $920.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent Arrears: $7,245.00 awarded to landlord; Appliance: $142.50 awarded to landlord

What type of tenancy dispute was case 5342672?

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

Where can I read the official tribunal order for case 5342672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13040163-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 211, 8 Lakewood Court, Manukau, Auckland Tenancy Tribunal Case 5342672 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5342672 — net $8,474.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,245.00	Rent arrears
Repairs: Appliance	$142.50	Repairs: Appliance
Cleaning	$299.00	Cleaning
Lease break fee	$920.00	Lease break fee
Repairs	$2,500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,474.50
Total payable by Tenant to Landlord	$8,474.50

The Landlord attended the hearing. The Tenants did not appear.

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 arrears?

The tenancy ended on 9 November 2025 however was fixed from 12 November 2024 to 9 November 2025. The landlord provided rent records 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 oven and rangehood were filthy, there were marks on the walls in the lounge, the fridge required cleaning and removal of a banana and the microwave had a pungent small. An ingoing and outgoing inspection report was provided and an invoice for the cleaning.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: broken shower tile. A crack in the tile was caused by the Tenant which was acknowledged in email correspondence provided by the Landlord. Because the repairs required removing the tiles which would damage the grout and water proofing, the cost to repair was extensive. An invoice was provided and photographs of the ingoing and outgoing inspection report. The Landlord claimed the insurance excess. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

The amounts ordered are proved.

The Landlord claimed the break lease fee of $920.00 and provided a breakdown of the costs which included the marketing, viewings, exit and entry inspections. The tenancy was fixed and the Tenant broke the lease early. I find the itemised breakdown of the fee is fair and reasonable.

The amounts ordered are proved.

As the Landlord has been wholly successful, the Tenants shall reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5342672 — net $8,474.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,245.00	Rent arrears
Repairs: Appliance	$142.50	Repairs: Appliance
Cleaning	$299.00	Cleaning
Lease break fee	$920.00	Lease break fee
Repairs	$2,500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,474.50
Total payable by Tenant to Landlord	$8,474.50

The Landlord attended the hearing. The Tenants did not appear.

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 arrears?

The tenancy ended on 9 November 2025 however was fixed from 12 November 2024 to 9 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As the Landlord has been wholly successful, the Tenants shall reimburse the filing fee.

Tenancy Tribunal case 5342672 — Rent arrears at Unit/Flat Unit 211, 8 Lakewood Court, Manukau, Auckland

At a glance

Tenancy Tribunal case 5342672 — Rent arrears at Unit/Flat Unit 211, 8 Lakewood Court, Manukau, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Property management

Frequently asked questions