What was Tenancy Tribunal case 5345050 about?

The tribunal order states: Braith Scott-rod hemi Reid, Taui Steven Darrol Nunan and Waiata Marie Nunan

How much money was awarded in case 5345050?

Filing Fee: $28.00 awarded to landlord; Property Damage: $165.00 awarded to landlord; Rent Arrears: $1,630.54 awarded to landlord; Property Damage: $320.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $79.31 awarded to landlord

What type of tenancy dispute was case 5345050?

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

Where can I read the official tribunal order for case 5345050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12639922-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5345050 about?

The tribunal order states: Braith Scott-rod hemi Reid, Taui Steven Darrol Nunan and Waiata Marie Nunan

How much money was awarded in case 5345050?

Filing Fee: $28.00 awarded to landlord; Property Damage: $165.00 awarded to landlord; Rent Arrears: $1,630.54 awarded to landlord; Property Damage: $320.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Water Rates: $79.31 awarded to landlord

What type of tenancy dispute was case 5345050?

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

Where can I read the official tribunal order for case 5345050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12639922-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 3, 14 Margaret Road, Papatoetoe, Auckland Tenancy Tribunal Case 5345050 — Rent arrears

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Unit/Flat Flat 3, 14 Margaret Road, Papatoetoe, Auckland Tenancy Tribunal Case 5345050 — 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 5345050 — net $272.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,630.54	Rent arrears
Water rates	$79.31	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$165.00	Window repairs
Repairs: 2 door cracks and wall damage	$320.00	Repairs: 2 door cracks and wall damage
Rubbish removal	$250.00	Rubbish removal
Net award	$272.85
Total payable by Tenant to Landlord	$272.85

Claims and awards for application 5345050 — net $272.85 NZD. Verify on MoJ.

Rent arrears

Amount: $1,630.54
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $79.31
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Window repairs

Amount: $165.00
Awarded to: Landlord
Reason: Window repairs

Repairs: 2 door cracks and wall damage

Amount: $320.00
Awarded to: Landlord
Reason: Repairs: 2 door cracks and wall damage

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Braith Scott-rod hemi Reid, Taui Steven Darrol Nunan and Waiata Marie Nunan must pay [The landlord/s] $272.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

This was a telephone hearing. The landlord and attended and Ms Nunan. The other two tenants could not be contacted on the phone numbers provided and the hearing continued in their absence.
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 ?

The tenancy ended on 28 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Three water invoices were provided and an up to date rent summary. The tenant did not dispute the amounts claimed.

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 amount claimed for cleaning the oven is not awarded as the evidence showed an oven that was reasonably clean.
The tenant did not remove all rubbish. A large couch was left on the roadside and extra rubbish by the red bin at the back of the premises. The amount claimed is awarded.
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 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: Two doors had crack in them, one wall had a dent and one window with clear glass was cracked.
The landlord provided pre and post tenancy photographs of these areas establishing that the damage occurred during the tenancy .I have considered the evidence provided by the tenant during the hearing.
I find that this is careless damage and the tenants are liable.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested I the application.

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 5345050 — net $272.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,630.54	Rent arrears
Water rates	$79.31	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$165.00	Window repairs
Repairs: 2 door cracks and wall damage	$320.00	Repairs: 2 door cracks and wall damage
Rubbish removal	$250.00	Rubbish removal
Net award	$272.85
Total payable by Tenant to Landlord	$272.85

Claims and awards for application 5345050 — net $272.85 NZD. Verify on MoJ.

Rent arrears

Amount: $1,630.54
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $79.31
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Window repairs

Amount: $165.00
Awarded to: Landlord
Reason: Window repairs

Repairs: 2 door cracks and wall damage

Amount: $320.00
Awarded to: Landlord
Reason: Repairs: 2 door cracks and wall damage

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Braith Scott-rod hemi Reid, Taui Steven Darrol Nunan and Waiata Marie Nunan must pay [The landlord/s] $272.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

This was a telephone hearing. The landlord and attended and Ms Nunan. The other two tenants could not be contacted on the phone numbers provided and the hearing continued in their absence.
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 ?

The tenancy ended on 28 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Three water invoices were provided and an up to date rent summary. The tenant did not dispute the amounts claimed.

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 amount claimed for cleaning the oven is not awarded as the evidence showed an oven that was reasonably clean.
The tenant did not remove all rubbish. A large couch was left on the roadside and extra rubbish by the red bin at the back of the premises. The amount claimed is awarded.
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 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: Two doors had crack in them, one wall had a dent and one window with clear glass was cracked.
The landlord provided pre and post tenancy photographs of these areas establishing that the damage occurred during the tenancy .I have considered the evidence provided by the tenant during the hearing.
I find that this is careless damage and the tenants are liable.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested I the application.

Tenancy Tribunal case 5345050 — Rent arrears at Unit/Flat Flat 3, 14 Margaret Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5345050 — Rent arrears at Unit/Flat Flat 3, 14 Margaret Road, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

Frequently asked questions