What was Tenancy Tribunal case 5367544 about?

The tribunal order states: Katie Yates must pay [The landlord/s] $2,202.53 immediately, calculated as

How much money was awarded in case 5367544?

Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,081.00 awarded to landlord; Rent Arrears: $2,803.68 awarded to landlord; Rubbish Removal: $532.50 awarded to landlord; Water Rates: $557.35 awarded to landlord

What type of tenancy dispute was case 5367544?

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

Where can I read the official tribunal order for case 5367544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314685-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5367544 about?

The tribunal order states: Katie Yates must pay [The landlord/s] $2,202.53 immediately, calculated as

How much money was awarded in case 5367544?

Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,081.00 awarded to landlord; Rent Arrears: $2,803.68 awarded to landlord; Rubbish Removal: $532.50 awarded to landlord; Water Rates: $557.35 awarded to landlord

What type of tenancy dispute was case 5367544?

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

Where can I read the official tribunal order for case 5367544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314685-Tribunal_Order_Redacted.pdf.

85 Verbena Road, Birkdale, Auckland 0626 Tenancy Tribunal Case 5367544 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5367544 — net $2,230.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/07/2025	$2,803.68	Rent arrears to 31/07/2025
Water rates to 14/07/2025	$557.35	Water rates to 14/07/2025
Repairs	$1,081.00	Repairs
Cleaning and rubbish removal	$532.50	Cleaning and rubbish removal
Filing fee reimbursement (5198311	$28.00	Filing fee reimbursement (5198311
Filing fee reimbursement	$28.00	Filing fee reimbursement (5198311
Net award	$2,230.53
Total payable by Tenant to Landlord	$2,230.53

Katie Yates must pay [The landlord/s] $2,202.53 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

This order supersedes order 5198311. That order is no longer enforceable.

This was a fixed-term tenancy due to end on 14 February 2026.

The applicant states that the respondent vacated the premises and subsequently sublet the property to another person. That occupant vacated on 10 July 2025, and the property was re-tenanted on 1 August 2025.

The applicant seeks the following: a) Rent arrears to 31 July 2025 in the sum of $2,803.68; b) Water rates to 14 July 2025 in the sum of $557.35; c) Repair costs of $1,081.00; d) Cleaning and rubbish removal costs of $532.50; e) Reimbursement of the filing fee for the previously issued Mediator’s Order; and f) Reimbursement of the filing fee for today’s application. g) Exemplary damages of $1000.00 for subletting. Rent and water rates arrears:

Both parties are bound by a fixed-term tenancy agreement until the end of the term and are liable for costs arising from any early termination.

I accept that the tenancy ended prior to the conclusion of the fixed term due to the respondents breaches and that the landlord is entitled to rent until 31 July 2025.

I am also satisfied that water charges remain unpaid to 14 July 2025 and that the respondent is liable for this amount.

The applicant has provided rent and water records evidencing the amounts owing, and I am satisfied that those records are accurate. These amounts are awarded. Damages:

The applicant seeks $1,081.00 for a repair invoice relating to damage to the blinds, a window handle, and various areas of the walls. The wall damage arose from the installation of screws and fixtures, including a television bracket.

While a tenant may, during the tenancy, install such items, they remain liable to return the premises to the same condition as at the commencement of the tenancy, subject to fair wear and tear.

I am satisfied that the damage described is a combination of intentional and careless damage, in breach of section 40(2)(a) of the Residential Tenancies Act 1986. The respondent is therefore liable for these costs, and the amount claimed is awarded. Cleaning and rubbish removal:

A tenant is required, at the conclusion of the tenancy, to leave the premises in a reasonably clean and tidy state and to remove all rubbish and belongings, pursuant to section 40(1)(e)(iii) of the Residential Tenancies Act 1986.

The photographic evidence provided by the applicant establishes that the respondent was in breach of this obligation. I am satisfied that the amount claimed is reasonable and was properly incurred. This amount is awarded. Subletting exemplary damages:

The applicant seeks $1,000.00 in exemplary damages, alleging that the respondent unlawfully sublet the property.

In support of this claim, the applicant tells me that they rely on conversations with the subsequent occupant, who was said to have indicated they could not assist in providing evidence of any arrangement with the respondent. The applicant has also provided a single photograph and invites the Tribunal to infer from this that the property was sublet.

It is for the applicant to satisfy the Tribunal, on the balance of probabilities, that the alleged conduct occurred. I am not satisfied that this burden has been discharged. While it is possible that the property was sublet, the evidence provided is insufficient to establish this on the balance of probabilities. There is no corroborating evidence, including documentation or communications, to support the claim.

Accordingly, this claim is dismissed. Superseded order:

Some water rates arrears, part of the rent arrears, and one filing fee were the subject of a previous Mediator’s Order (No. 5198311), dated 23 May 2020.

The applicant has requested that the terms of that order be incorporated into this order so that all matters relating to this tenancy are enforceable in a single order. I grant that request.

Accordingly, the amounts for rent arrears, water rates arrears, and the filing fee addressed in the Mediator’s Order are incorporated into this order. The Mediator’s Order dated 23 May 2020 is superseded and is no longer enforceable. Filing fee and suppression:

As the applicant has been substantially successful in their application, I award the filing fee. I also grant the request for suppression. H Ben Fayed 19 March 2026

Order

Claims and awards in Tenancy Tribunal application 5367544 — net $2,230.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31/07/2025	$2,803.68	Rent arrears to 31/07/2025
Water rates to 14/07/2025	$557.35	Water rates to 14/07/2025
Repairs	$1,081.00	Repairs
Cleaning and rubbish removal	$532.50	Cleaning and rubbish removal
Filing fee reimbursement (5198311	$28.00	Filing fee reimbursement (5198311
Filing fee reimbursement	$28.00	Filing fee reimbursement (5198311
Net award	$2,230.53
Total payable by Tenant to Landlord	$2,230.53