Tenantcheck Insights · Case study
Tenancy Tribunal case 5363702 — Rent arrears at 15 Kraack Road, Dome Forest, Warkworth 0981
Decided 9 Dec 2025 · Published 9 Dec 2025 · Application 5363702
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Location
Warkworth
Tribunal region
Adjudicator
J Maher
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,691.00
- Bond payment as ordered
- −$3,300.00
- Total balance for Tenant to pay Landlord
- $6,391.00
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 21/11/2025 | $5,100.00 | Rent arrears to 21/11/2025 | |
| Rubbish removal: and cleaning | $1,253.00 | Rubbish removal: and cleaning | |
| Lawns and Garden work | $340.00 | Lawns and Garden work | |
| Carpet Cleaning | $270.00 | Carpet Cleaning | |
| Replace carpet lounge/fireplace |
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- [The tenant/s] and Megan [The tenant/s] must pay [The landlord/s] $6,391.00 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,300.00 to [The landlord/s] immediately.
Reasons
- Only the applicant landlord 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.
How much is owed for rent?
- The tenancy was for a fixed term due to end on 12/1/2026. It ended on 21/11/2025 as the landlord found new tenants and a new tenancy began on 22/11/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
- $200 of the $471.25 claimed for costs associated with finding new tenants (breaking the fixed term early) are awarded. It is not considered fair to award the full costs as the fixed term had only 7 weeks left to run so the landlord would have incurred some of those costs irrespective of the tenants leaving early. The landlord has also been awarded rent until a day prior to the new tenancy commencing.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish/possessions. The lawns and gardens were overgrown.
- 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.
- 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: the carpet which was new at the commencement of the tenancy was burned in the lounge and ripped in the hallway. Three of the bedrooms had stains likely caused by oil/dirty footwear that could not be removed with cleaning. 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 carpet at the start of the tenancy and it’s likely useful lifespan. The insurance excess of $500 per room is less than the depreciated cost of replacing carpet in each room so is awarded in full.
- The landlord’s requests for name suppression and reimbursement of the filing fee are approved as the application is largely successful.
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)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5363702 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 5363702?
Cleaning: $270.00 awarded to landlord; Costs Of Reletting: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $340.00 awarded to landlord; Rent Arrears: $5,100.00 awarded to landlord; Replace Carpet 3 Bedroom Oil Stains: $1,500.00 awarded to landlord; Replace Carpet Lounge/Fireplace: $500.00 awarded to landlord; Replace Carpet Ripped Carpet Hallway: $500.00 awarded to landlord; Rubbish Removal: $1,253.00 awarded to landlord
What type of tenancy dispute was case 5363702?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5363702?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12845194-Tribunal_Order_Redacted.pdf.
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