Tenantcheck Insights · Case study
Tenancy Tribunal case 5343604 — Rent arrears at 20 Chilcott Road, Henderson, Auckland 0612
Decided 22 Dec 2025 · Published 22 Dec 2025 · Application 5343604
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
K Henry
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $8,798.15
- Total balance for Tenant to pay Landlord
- $8,798.15
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| tionLandlordTenant Previous order application 5220872 dated 12/06/2025 for rent arrears to 12 June 2025, water rates and | $4,673.16 | tionLandlordTenant Previous order application 5220872 dated 12/06/2025 for rent arrears to 12 June 2025, water rates and | |
| Water rates | $70.11 | Water rates | |
| Cleaning | $470.58 | Cleaning | |
| Carpet Cleaning | $250.00 | Carpet Cleaning |
Order
- Roxanne Clarke must pay Reforma P.M. Limited As Agent For Zhenwu Cai $8,798.15 immediately, calculated as shown in the table below:
- This order incorporates the Tribunal Order made on 12 June 2025 under application 5220872.
- The landlord’s claim for eviction costs is dismissed.
Reasons
- Ms Dong and Ms Cai of Reforma P.M. Limited attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing. The hearing proceeded in the tenant’s absence.
- The landlord has applied water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
- On 12 June 2025, the Tribunal made an order relating to this tenancy (application 5220872), for rent arrears to 12 June 2025, water rates and the filing fee. The previous order is incorporated into this order for enforcement purposes. How much is owed for water rates:
- The tenancy ended on 12 June 2025. The landlord provided invoices showing that since the Order for water arrears of $411.16 on 12 June 2025, a further invoice for water rates of which the tenant is responsible for $70.11 has been received.
- This claim is proved.
Did the tenant comply with their obligations at the end of the tenancy?
- Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
- The landlord has provided photographs showing that the tenant did not leave the premises reasonably clean and tidy. The landlord has provided an invoice showing that the landlord was charged $680 (including GST) for cleaning of the premises. The invoice does not specify the hourly rate, and the landlord did not know how much was charged for cleaning per hour. I consider $50 plus GST per hour to be a reasonable fee for commercial cleaning. This amounts to over 13 hours of cleaning. I am not satisfied that this amount of cleaning was required. I award 8 hours of cleaning at $50 plus GST per hour for general cleaning: $470.58.
- The landlord is claiming $250.00 (including GST) for cleaning of the carpets and has provided an invoice to support this claim. Having seen the photographs of the carpet provided by the landlord, I consider it was necessary to have the carpets cleaned. I also consider this to be a reasonable sum. I award $294.11 (including GST) for this claim.
- The landlord claims $682.35 (including GST) for rubbish removal and has provided an invoice and photographs to support this claim. I am satisfied that there was a significant amount of rubbish left at the tenancy and that this sum is reasonable. I award $682.35 (including GST) for this claim.
- The tenant did not return the keys at the end of the tenancy and the landlord is claiming $318.00 (including GST) to change the locks. The landlord has provided an invoice to support this claim. I award $318.00 (including GST) for this claim.
- The landlord has provided photographs showing that the tenant did not leave the lawns reasonable clean and tidy. The landlord has provided an invoice showing that the landlord was charged $220.00 (including GST) for this work. I am satisfied that this sum is reasonable and $220.00 (including GST) for this claim.
- The following chattels were missing at the end of the tenancy: the remote control for the heat pump, lightbulbs and cabinetry handles.
- The landlord has provided invoices to support these claims. I award $110.00 (including GST) for the heat pump remote, $95.01 (including GST) for the missing lightbulb and the cabinet handle.
Is the tenant responsible for the damage to the premises?
- Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
- Section 49B(3)(a) of the RTA provides that 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).
- Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
- Section 49B(1) of the RTA provides that 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.
- 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.)
- Since 2019, section 13A(2) of the RTA has provided that if the premises are insured, the landlord must include in the tenancy agreement the amount of the excess that is relevant. The tenancy agreement provides that the landlord has insurance. However, the tenancy agreement does not state the amount of the excess. Following the hearing, the landlord confirmed that the applicable excess is $5,000.00.
- The landlord claims that the following damage was caused during the tenancy: Damage to the curtains; repair of holes in walls including repaint damaged areas; repair of the door; and repair of broken glass. The landlord has provided photographs of the premises at the start of the tenancy and photographs showing the premises at the end of the tenancy which prove that the damage was caused during the tenancy.
- The tenant did not attend the hearing so did not disprove that the damage occurred during the tenancy or that it was not intentional or careless.
- I award $669.86 (including GST) to repair the holes in two walls; $344.95 (including GST) for the broken laundry window; $238.05 (including GST) to repair and clean the curtains; and $628.08 (including GST) to repair the door. Eviction costs:
- The landlord claims $258.00 as the cost from the Court of evicting the tenants. This is a cost flowing from the tenants’ breach of their obligations and so is recoverable. However, it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. On this basis, I do not award it today to avoid potential duplication of the cost. Filing fee:
- The landlord has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s13A(2), s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- REFORMA P.M. LIMITED as agent for Zhenwu Cai (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5343604 about?
The tribunal order states: Roxanne Clarke must pay Reforma P.M. Limited As Agent For Zhenwu Cai
How much money was awarded in case 5343604?
Cleaning: $250.00 awarded to landlord; Cleaning: $470.58 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $220.00 awarded to landlord; Lightbulbs: $95.01 awarded to landlord; Property Damage: $318.00 awarded to landlord; Property Damage: $669.86 awarded to landlord; Property Damage: $344.95 awarded to landlord; Property Damage: $238.05 awarded to landlord; Property Damage: $628.08 awarded to landlord; Rent Arrears: $4,673.16 awarded to landlord; Replace Heat Pump Remote Control: $110.00 awarded to landlord; Rubbish Removal: $682.35 awarded to landlord; Water Rates: $70.11 awarded to landlord
What type of tenancy dispute was case 5343604?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5343604?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12887152-Tenancy_Tribunal_Order.pdf.