Tenantcheck Insights · Case study
Tenancy Tribunal case 5356483 — Rent arrears at 65 Kauri Road, Whenuapai, Auckland 0618
Decided 18 March 2026 · Published 18 March 2026 · Application 5356483
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
A Macpherson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $10,604.84
- Bond payment as ordered
- −$2,800.00
- Total balance for Tenant to pay Landlord
- $7,804.84
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 20 September 2025 | $5,750.00 | Rent arrears to 20 September 2025 | |
| Cleaning, rubbish removal, cat door, toilet seat | $1,442.78 | Cleaning, rubbish removal, cat door, toilet seat | |
| Carpet cleaning | $419.00 | Carpet cleaning | |
| Tip fees | $484.41 | Tip fees | |
| Light bulbs | $75.12 | Light bulbs | |
| Power bills | $1,100.28 | Power bills | |
| Repairs | $931.50 | Repairs | |
| Carpet replacement (depreciated | $373.75 | Carpet replacement (depreciated | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $7,804.84 | ||
| Total payable by Tenant to Landlord | $7,804.84 |
Claims and awards for application 5356483 — net $7,804.84 NZD. Verify on MoJ.
Rent arrears to 20 September 2025
- Amount
- $5,750.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 20 September 2025
Cleaning, rubbish removal, cat door, toilet seat
- Amount
- $1,442.78
- Awarded to
- Landlord
- Reason
- Cleaning, rubbish removal, cat door, toilet seat
Carpet cleaning
- Amount
- $419.00
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Tip fees
- Amount
- $484.41
- Awarded to
- Landlord
- Reason
- Tip fees
Light bulbs
- Amount
- $75.12
- Awarded to
- Landlord
- Reason
- Light bulbs
Power bills
- Amount
- $1,100.28
- Awarded to
- Landlord
- Reason
- Power bills
Repairs
- Amount
- $931.50
- Awarded to
- Landlord
- Reason
- Repairs
Carpet replacement (depreciated
- Amount
- $373.75
- Awarded to
- Landlord
- Reason
- Carpet replacement (depreciated
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $7,804.84
Total payable by Tenant to Landlord
Landlord $7,804.84
Claim types — money lines allowed on this order
Order
- Lia Willan must pay Terry Murphy, Jimmy Wu and Brigette Phillips $7,804.84 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,800.00 (5433516-001) to Terry Murphy, Jimmy Wu and Brigette Phillips immediately.
Reasons
- The landlord attended the hearing. The tenant did not appear.
- The absence of a party does not prevent the matter from being heard and determined.
- The landlord has applied for rent arrears, power bills, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and power?
- The tenancy ended on 20 September 2025. The landlord provided rent records and power bills 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 light bulbs.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove a significant amount of rubbish.
- The landlord had to replace 8 light bulbs as all were missing.
- 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.
- The following damage was caused during the tenancy: downstairs carpet was so dirty and smelly it had to be replaced despite attempts at cleaning, holes in walls, door off hinges and damaged, broken window, missing cat door, toilet seat. 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 for the carpet. 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 carpet at the start of the tenancy and likely useful lifespan.
- As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5356483?
The tribunal order states: Lia Willan must pay Terry Murphy, Jimmy Wu and Brigette Phillips $7,804.84
How much money was awarded in case 5356483?
Cleaning: $419.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $75.12 awarded to landlord; Power Bills: $1,100.28 awarded to landlord; Property Damage: $931.50 awarded to landlord; Property Damage: $373.75 awarded to landlord; Rent Arrears: $5,750.00 awarded to landlord; Rubbish Removal: $1,442.78 awarded to landlord; Tip Fees: $484.41 awarded to landlord
What type of tenancy dispute was case 5356483?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5356483?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13305428-Tenancy_Tribunal_Order.pdf.