What was Tenancy Tribunal case 5358812 about?

The tribunal order states: [The tenant/s] must pay Find A Space Limited $744.43 immediately,

How much money was awarded in case 5358812?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,011.43 awarded to landlord

What type of tenancy dispute was case 5358812?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5358812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13394779-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5358812 about?

The tribunal order states: [The tenant/s] must pay Find A Space Limited $744.43 immediately,

How much money was awarded in case 5358812?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,011.43 awarded to landlord

What type of tenancy dispute was case 5358812?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5358812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13394779-Tribunal_Order.pdf.

39 Cutler Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 5358812 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5358812 — net $744.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 September 2026	$1,011.43	Rent arrears to 28 September 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$744.43
Total payable by Tenant to Landlord	$744.43

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended with the landlord giving the tenant 48 hours notice to bring the tenancy to an end on 26 September 2025. The tenancy therefore came to an end on 28 September 2025, with the tenant leaving the premises on 27 September 2025.

The landlord is claiming rent up until 8 October 2025 because he claims that tenant did not leave the keys to his room at the premises. He claims that it took until the 8th of October to get a locksmith around to change the locks so he could gain access.

The landlord is also claiming for the purchase cost of a new mattress which landlord claims was damaged by the tenant. Burden of proof

It is a landlord’s obligation to prove its claim on the balance of probabilities. It must prove that it is more probable or not that facts exist to support its claim. Corroborating documents and photographs can be useful to the Tribunal in reaching any determination as to what the relevant facts were. Analysis

The tenancy ended on 28 September 2025 and the tenant was only liable to pay rent up until that date. I find that the tenant is not liable for rent beyond that date because he was not in occupation of the premises past that date.

The landlord’s claim is that it is entitled to damages for lost rent from 28 September until the date it could gain access to the room but I accept the tenants evidence that he left the keys to his room in the lock.

I found the tenant to be a clear and reliable witness and had no reason to disbelieve him. In any event, I consider that if the matter was pressing, with a prospective tenant lined up and ready to take over the room, the landlord should have explored the possibility of getting an urgent locksmith to come out and change the locks.

I note from the rent summary that the tenant has paid rent up until 3 September. From 4 September to midnight 28 September was 24 days. This equates to rent of $1011.42 which I find to be owing from the tenant to the landlord.

For the reasons given above, I consider they landlord’s claim to change the locks should be dismissed. I accept the tenant’s evidence on this front.

Likewise, I dismiss the claim for the replacement mattress. The landlord claims it had cigarette burns on it at the end of the tenancy. The tenant said it was already damaged. The landlord produced no photograph of the mattress at the beginning of the tenancy. The landlord has not proven on the balance of probabilities that the tenant damaged the mattress.

The landlord sought payment of the bond however supplied no bond number with the application. In the absence of any bond number being supplied I deduce that any bond is already with the landlord.

I decline to make any order for reimbursement of the filing fee because I consider that the tenant has been partially successful and defending this claim.

Claims and awards in Tenancy Tribunal application 5358812 — net $744.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 September 2026	$1,011.43	Rent arrears to 28 September 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$744.43
Total payable by Tenant to Landlord	$744.43

Order

[The tenant/s] must pay Find A Space Limited $744.43 immediately, calculated as shown in table below.
Find A Space Limited is entitled to retain the bond of $295.00.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended with the landlord giving the tenant 48 hours notice to bring the tenancy to an end on 26 September 2025. The tenancy therefore came to an end on 28 September 2025, with the tenant leaving the premises on 27 September 2025.
The landlord is claiming rent up until 8 October 2025 because he claims that tenant did not leave the keys to his room at the premises. He claims that it took until the 8th of October to get a locksmith around to change the locks so he could gain access.
The landlord is also claiming for the purchase cost of a new mattress which landlord claims was damaged by the tenant. Burden of proof
It is a landlord’s obligation to prove its claim on the balance of probabilities. It must prove that it is more probable or not that facts exist to support its claim. Corroborating documents and photographs can be useful to the Tribunal in reaching any determination as to what the relevant facts were. Analysis
The tenancy ended on 28 September 2025 and the tenant was only liable to pay rent up until that date. I find that the tenant is not liable for rent beyond that date because he was not in occupation of the premises past that date.
The landlord’s claim is that it is entitled to damages for lost rent from 28 September until the date it could gain access to the room but I accept the tenants evidence that he left the keys to his room in the lock.
I found the tenant to be a clear and reliable witness and had no reason to disbelieve him. In any event, I consider that if the matter was pressing, with a prospective tenant lined up and ready to take over the room, the landlord should have explored the possibility of getting an urgent locksmith to come out and change the locks.
I note from the rent summary that the tenant has paid rent up until 3 September. From 4 September to midnight 28 September was 24 days. This equates to rent of $1011.42 which I find to be owing from the tenant to the landlord.
For the reasons given above, I consider they landlord’s claim to change the locks should be dismissed. I accept the tenant’s evidence on this front.
Likewise, I dismiss the claim for the replacement mattress. The landlord claims it had cigarette burns on it at the end of the tenancy. The tenant said it was already damaged. The landlord produced no photograph of the mattress at the beginning of the tenancy. The landlord has not proven on the balance of probabilities that the tenant damaged the mattress.
The landlord sought payment of the bond however supplied no bond number with the application. In the absence of any bond number being supplied I deduce that any bond is already with the landlord.
I decline to make any order for reimbursement of the filing fee because I consider that the tenant has been partially successful and defending this claim.

Tenancy Tribunal case 5358812 — Rent arrears at 39 Cutler Street, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 5358812 — Rent arrears at 39 Cutler Street, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions