What was Tenancy Tribunal case 5344082 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 5344082?

Advertising Fee: $402.50 awarded to landlord; Cleaning: $598.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,200.00 awarded to landlord; Glass Pane In Laundry Door: $637.80 awarded to landlord; Water Rates: $245.41 awarded to landlord

What type of tenancy dispute was case 5344082?

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

Where can I read the official tribunal order for case 5344082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13143845-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5344082 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 5344082?

Advertising Fee: $402.50 awarded to landlord; Cleaning: $598.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,200.00 awarded to landlord; Glass Pane In Laundry Door: $637.80 awarded to landlord; Water Rates: $245.41 awarded to landlord

What type of tenancy dispute was case 5344082?

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

Where can I read the official tribunal order for case 5344082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13143845-Tribunal_Order_Redacted.pdf.

12 Kohinoor Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 5344082 — Rent arrears

Claims and awards in Tenancy Tribunal application 5344082 — net $4,311.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 November 2025	$5,200.00	Rent arrears to 19 November 2025
Water rates (14/11/2024 – 26/09/2025	$245.41	Water rates (14/11/2024 – 26/09/2025
Advertising fee	$402.50	Advertising fee
Cleaning	$598.00	Cleaning
Repairs: Glass pane in laundry door	$637.80	Repairs: Glass pane in laundry door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,311.71
Total payable by Tenant to Landlord	$4,311.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sau Tupou must pay [The landlord/s] $4,311.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy began on 20 November 2024 and was for a fixed-term ending on 19 November 2025.
The landlord gave evidence that the tenant left the premises early without the landlord’s permission on 29 September 2025. The landlord claims the premises were re-tenanted on 20 December 2025. I accept the landlord’s evidence.
Under the provisions of the fixed-term tenancy, the tenant is required to pay rent until the end of the fixed term or until the date a new tenancy begins, whichever occurs earlier. In this case, the fixed term expired before a new tenancy began, which means the tenant must pay rent up to 19 November 2025.
The landlord submitted a rent summary, which proves rent arrears are $5,200.00 up to 19 November 2025. The landlord’s claim for rent arrears is granted for this amount.

How much does the tenant owe in outstanding water rates invoices?

The landlord submitted original invoices from Watercare and a water invoice summary. These documents prove the tenant owes $245.41 in outstanding water rates invoices for the period 14/11/2024 – 26/09/2025.

Should the tenant pay the landlord advertising and letting fees?

The tenant breached the terms of the fixed-term tenancy by parting with possession without the landlord’s permission. To try to mitigate their loss, the landlord paid $402.50 to advertise the premises for rent to get a new tenant as quickly as possible. This was a cost incurred due to the tenant’s breach and the tenant must reimburse the landlord. For this reason, the landlord’s claim for compensation of $402.50 to advertise the premises is granted. The landlord submitted an invoice for this amount.
The landlord also incurred a cost of $1,023.50, in the form of a letting fee, to find a new tenant. This cost was also incurred as a result of the tenant’s breach however, the Residential Tenancies Act 1986 (RTA) prohibits the landlord from passing this cost on to the tenant. Section 17A RTA states: 17ARequiring letting fee prohibited (1)No letting agent or other person may require a tenant to pay a letting fee. (2)Nothing in subsection (1) limits or affects section 44A (which entitles landlord to recover reasonable expenses on consenting to the tenant’s assigning, subletting, or parting with possession of the premises. ...
Section 17A(2) RTA makes it clear that a landlord can only require a departing tenant to pay a letting fee if the landlord has given the departing tenant their permission to assign, sublet, part with possession or terminate the tenancy. In this case, the landlord did not give their permission and therefore, the landlord cannot require the departing tenant to pay the letting fee.
For this reason, the landlord’s claim for compensation of $1,023.50 is dismissed.

Did the tenant leave the premises reasonably clean and tidy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy. 1 Photographs taken at the end of the tenancy, prove the tenant did not comply with this obligation. This is because the oven is dirty, the toilet, shower and bath have not been cleaned and the kitchen cupboards are dirty.
The landlord’s claim for compensation for cleaning is granted for $598.00. The landlord submitted an invoice for this amount.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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. 2
Fair wear and tear has been described as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. conduct on the part of the tenant being assumed. The amount of damage is not relevant. 3 Analysis
The landlord submitted photographs taken at the end of the tenancy. These show the shed door has come loose. There are also cracks in two windows and a glass pane in the laundry door.
The landlord gave evidence the shed door was intact at the beginning of the tenancy and hanging on its hinges at the end. I accept the landlord’s evidence. The landlord claims the shed is approximately 10 years old. Whilst I am convinced the shed door was damaged during the tenancy, I am not convinced the damage exceeds fair wear and tear. It is reasonably foreseeable that a shed door might come loose after 10 years of reasonable use. No evidence of unreasonable use was submitted by the landlord. For this reason, the landlord’s claim for compensation of $431.25 (including GST) to repair the shed door is dismissed.
I am also not convinced that the cracks in the windows in the living room and main bedroom exceed fair wear and tear. The cracks are at the edge of the windows and are very small. The windows appear old with putty around them. The landlord confirmed that although the premises were renovated shortly before the tenancy began, the windows were not changed. The nature of the damage and likely age of the windows means I am not convinced the small cracks in the bedroom and living room windows exceed fair wear and tear.
The glass pane in the laundry door is a different story. The photographs taken at the end of the tenancy show it has a large crack in it. The landlord submitted a photograph taken within the first three months of the tenancy, which shows the glass panes in the laundry door intact. On the balance of probabilities, I find the glass pane in the laundry door was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted a quote for $637.80 (including GST) to replace the glass pane. The landlord gave evidence that the repair has been completed, but they did not have an invoice at hand. I accept the landlord’s evidence and consider the amount sought to be reasonable.
The landlord’s claim for compensation to replace the glass pane in the laundry door is granted for $637.80.
The amounts ordered are proved. 3 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.
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. Filing fee & name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason, I have granted the landlord’s request for name suppression.

Claims and awards in Tenancy Tribunal application 5344082 — net $4,311.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 November 2025	$5,200.00	Rent arrears to 19 November 2025
Water rates (14/11/2024 – 26/09/2025	$245.41	Water rates (14/11/2024 – 26/09/2025
Advertising fee	$402.50	Advertising fee
Cleaning	$598.00	Cleaning
Repairs: Glass pane in laundry door	$637.80	Repairs: Glass pane in laundry door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,311.71
Total payable by Tenant to Landlord	$4,311.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sau Tupou must pay [The landlord/s] $4,311.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy began on 20 November 2024 and was for a fixed-term ending on 19 November 2025.
The landlord gave evidence that the tenant left the premises early without the landlord’s permission on 29 September 2025. The landlord claims the premises were re-tenanted on 20 December 2025. I accept the landlord’s evidence.
Under the provisions of the fixed-term tenancy, the tenant is required to pay rent until the end of the fixed term or until the date a new tenancy begins, whichever occurs earlier. In this case, the fixed term expired before a new tenancy began, which means the tenant must pay rent up to 19 November 2025.
The landlord submitted a rent summary, which proves rent arrears are $5,200.00 up to 19 November 2025. The landlord’s claim for rent arrears is granted for this amount.

How much does the tenant owe in outstanding water rates invoices?

The landlord submitted original invoices from Watercare and a water invoice summary. These documents prove the tenant owes $245.41 in outstanding water rates invoices for the period 14/11/2024 – 26/09/2025.

Should the tenant pay the landlord advertising and letting fees?

The tenant breached the terms of the fixed-term tenancy by parting with possession without the landlord’s permission. To try to mitigate their loss, the landlord paid $402.50 to advertise the premises for rent to get a new tenant as quickly as possible. This was a cost incurred due to the tenant’s breach and the tenant must reimburse the landlord. For this reason, the landlord’s claim for compensation of $402.50 to advertise the premises is granted. The landlord submitted an invoice for this amount.
The landlord also incurred a cost of $1,023.50, in the form of a letting fee, to find a new tenant. This cost was also incurred as a result of the tenant’s breach however, the Residential Tenancies Act 1986 (RTA) prohibits the landlord from passing this cost on to the tenant. Section 17A RTA states: 17ARequiring letting fee prohibited (1)No letting agent or other person may require a tenant to pay a letting fee. (2)Nothing in subsection (1) limits or affects section 44A (which entitles landlord to recover reasonable expenses on consenting to the tenant’s assigning, subletting, or parting with possession of the premises. ...
Section 17A(2) RTA makes it clear that a landlord can only require a departing tenant to pay a letting fee if the landlord has given the departing tenant their permission to assign, sublet, part with possession or terminate the tenancy. In this case, the landlord did not give their permission and therefore, the landlord cannot require the departing tenant to pay the letting fee.
For this reason, the landlord’s claim for compensation of $1,023.50 is dismissed.

Did the tenant leave the premises reasonably clean and tidy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy. 1 Photographs taken at the end of the tenancy, prove the tenant did not comply with this obligation. This is because the oven is dirty, the toilet, shower and bath have not been cleaned and the kitchen cupboards are dirty.
The landlord’s claim for compensation for cleaning is granted for $598.00. The landlord submitted an invoice for this amount.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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. 2
Fair wear and tear has been described as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. conduct on the part of the tenant being assumed. The amount of damage is not relevant. 3 Analysis
The landlord submitted photographs taken at the end of the tenancy. These show the shed door has come loose. There are also cracks in two windows and a glass pane in the laundry door.
The landlord gave evidence the shed door was intact at the beginning of the tenancy and hanging on its hinges at the end. I accept the landlord’s evidence. The landlord claims the shed is approximately 10 years old. Whilst I am convinced the shed door was damaged during the tenancy, I am not convinced the damage exceeds fair wear and tear. It is reasonably foreseeable that a shed door might come loose after 10 years of reasonable use. No evidence of unreasonable use was submitted by the landlord. For this reason, the landlord’s claim for compensation of $431.25 (including GST) to repair the shed door is dismissed.
I am also not convinced that the cracks in the windows in the living room and main bedroom exceed fair wear and tear. The cracks are at the edge of the windows and are very small. The windows appear old with putty around them. The landlord confirmed that although the premises were renovated shortly before the tenancy began, the windows were not changed. The nature of the damage and likely age of the windows means I am not convinced the small cracks in the bedroom and living room windows exceed fair wear and tear.
The glass pane in the laundry door is a different story. The photographs taken at the end of the tenancy show it has a large crack in it. The landlord submitted a photograph taken within the first three months of the tenancy, which shows the glass panes in the laundry door intact. On the balance of probabilities, I find the glass pane in the laundry door was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted a quote for $637.80 (including GST) to replace the glass pane. The landlord gave evidence that the repair has been completed, but they did not have an invoice at hand. I accept the landlord’s evidence and consider the amount sought to be reasonable.
The landlord’s claim for compensation to replace the glass pane in the laundry door is granted for $637.80.
The amounts ordered are proved. 3 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.
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. Filing fee & name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason, I have granted the landlord’s request for name suppression.

Tenancy Tribunal case 5344082 — Rent arrears at 12 Kohinoor Avenue, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5344082 — Rent arrears at 12 Kohinoor Avenue, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

Should the tenant pay the landlord advertising and letting fees?

Did the tenant leave the premises reasonably clean and tidy?

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

Should the tenant pay the landlord advertising and letting fees?

Did the tenant leave the premises reasonably clean and tidy?

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions