What was Tenancy Tribunal case 5361435 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Bert And

How much money was awarded in case 5361435?

Cleaning: $120.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $174.00 awarded to landlord; Rent Arrears: $4,655.00 awarded to landlord; To Tiles And Walls: $420.00 awarded to landlord; Replace Remote For Fireplace: $354.00 awarded to landlord

What type of tenancy dispute was case 5361435?

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

Where can I read the official tribunal order for case 5361435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12711720-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5361435 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Bert And

How much money was awarded in case 5361435?

Cleaning: $120.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $174.00 awarded to landlord; Rent Arrears: $4,655.00 awarded to landlord; To Tiles And Walls: $420.00 awarded to landlord; Replace Remote For Fireplace: $354.00 awarded to landlord

What type of tenancy dispute was case 5361435?

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

Where can I read the official tribunal order for case 5361435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12711720-Tenancy_Tribunal_Order.pdf.

37A Tarewa Road, Morningside, Whangarei 0110 Tenancy Tribunal Case 5361435 — Rent arrears

Tenantcheck Insights

37A Tarewa Road, Morningside, Whangarei 0110 Tenancy Tribunal Case 5361435 — 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 5361435 — net $4,051.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/8/2025	$4,655.00	Rent arrears to 26/8/2025
Lock/key replacement	$174.00	Lock/key replacement
Cleaning	$500.00	Cleaning
Carpet Cleaning	$120.00	Carpet Cleaning
Repairs: to tiles and walls	$420.00	Repairs: to tiles and walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Replace remote for fireplace	$354.00	Replace remote for fireplace
Net award	$4,051.00
Total payable by Tenant to Landlord	$4,051.00

Claims and awards for application 5361435 — net $4,051.00 NZD. Verify on MoJ.

Rent arrears to 26/8/2025

Amount: $4,655.00
Awarded to: Landlord
Reason: Rent arrears to 26/8/2025

Lock/key replacement

Amount: $174.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to tiles and walls

Amount: $420.00
Awarded to: Landlord
Reason: Repairs: to tiles and walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Bert And [The tenant/s] landlord/s] $4,051.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3308407-010) to Barfoot & Thompson Limited As Agent For Bert And [The tenant/s] landlord/s] immediately.

Reasons

Only the applicant attended the hearing. The tenant could not be contacted.
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 26/8/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant has paid for the water invoices subsequent to the application being filed.

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 standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The claim for cleaning is reduced to take account of the length of the tenancy and the required standard, which is “reasonable” and not immaculate or meticulous. The carpets were stained.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a remote for the electric fireplace.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 that is likely to be attributable to tenant carelessness. Tiles in the bathroom and fireplace surround were broken and there were some dents n walls The remainder of the damage is fair wear and tear. The tenant has not disproved liability for the damage/compensation awarded.
The tenant has now paid for the cost of repairs to windows.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount awarded is for repair costs only.
The application is partly successful, so the tenant is to pay the filing fee.

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 5361435 — net $4,051.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/8/2025	$4,655.00	Rent arrears to 26/8/2025
Lock/key replacement	$174.00	Lock/key replacement
Cleaning	$500.00	Cleaning
Carpet Cleaning	$120.00	Carpet Cleaning
Repairs: to tiles and walls	$420.00	Repairs: to tiles and walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Replace remote for fireplace	$354.00	Replace remote for fireplace
Net award	$4,051.00
Total payable by Tenant to Landlord	$4,051.00

Claims and awards for application 5361435 — net $4,051.00 NZD. Verify on MoJ.

Rent arrears to 26/8/2025

Amount: $4,655.00
Awarded to: Landlord
Reason: Rent arrears to 26/8/2025

Lock/key replacement

Amount: $174.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to tiles and walls

Amount: $420.00
Awarded to: Landlord
Reason: Repairs: to tiles and walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Bert And [The tenant/s] landlord/s] $4,051.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3308407-010) to Barfoot & Thompson Limited As Agent For Bert And [The tenant/s] landlord/s] immediately.

Reasons

Only the applicant attended the hearing. The tenant could not be contacted.
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 26/8/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant has paid for the water invoices subsequent to the application being filed.

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 standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The claim for cleaning is reduced to take account of the length of the tenancy and the required standard, which is “reasonable” and not immaculate or meticulous. The carpets were stained.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a remote for the electric fireplace.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 that is likely to be attributable to tenant carelessness. Tiles in the bathroom and fireplace surround were broken and there were some dents n walls The remainder of the damage is fair wear and tear. The tenant has not disproved liability for the damage/compensation awarded.
The tenant has now paid for the cost of repairs to windows.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount awarded is for repair costs only.
The application is partly successful, so the tenant is to pay the filing fee.

Tenancy Tribunal case 5361435 — Rent arrears at 37A Tarewa Road, Morningside, Whangarei 0110

At a glance

Tenancy Tribunal case 5361435 — Rent arrears at 37A Tarewa Road, Morningside, Whangarei 0110

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.