What was Tenancy Tribunal case 5370469 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Rising-Links Property

How much money was awarded in case 5370469?

Cleaning: $908.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5370469 D…: $386.71 awarded to landlord; Water Rates: $32.46 awarded to landlord

What type of tenancy dispute was case 5370469?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5370469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12890784-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5370469 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Rising-Links Property

How much money was awarded in case 5370469?

Cleaning: $908.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5370469 D…: $386.71 awarded to landlord; Water Rates: $32.46 awarded to landlord

What type of tenancy dispute was case 5370469?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5370469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12890784-Tribunal_Order.pdf.

Unit/Flat 10, 1A Harrison Road, Mount Wellington, Auckland Tenancy Tribunal Case 5370469 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5370469 — net $1,355.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5370469 dated 13/11/2025	$386.71	Previous order application 5370469 dated 13/11/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning: Including repairs to doors	$908.50	Cleaning: Including repairs to doors
Water rates: Balance above the previous order	$32.46	Water rates: Balance above the previous order
Net award	$1,355.67
Total payable by Tenant to Landlord	$1,355.67

The tenant initially attended by phone however advised that her phone may cut out, it did, and I could not reconnect her. I had advised her that the matter was set down for today and I was to deal with the outstanding issues today. There was no attempt to provide another number or an adjournment sought. I could hear someone else in close proximity to her before the phone disconnected.

The landlord has previously applied for termination, rent arrears and water rates together with the refund of the bond. This was determined in the previous order of 13 November 2025.

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 photos of before the tenancy and after the tenancy sho the condition the property was left in.

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: There was damage to dors and locks that needed repair. The landlord did not claim for all costs they have incurred in fixing up the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

On 13 November 2025, the Tribunal made an order relating to this tenancy, for rent arrears and water rates. The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 5370469 — net $1,355.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5370469 dated 13/11/2025	$386.71	Previous order application 5370469 dated 13/11/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning: Including repairs to doors	$908.50	Cleaning: Including repairs to doors
Water rates: Balance above the previous order	$32.46	Water rates: Balance above the previous order
Net award	$1,355.67
Total payable by Tenant to Landlord	$1,355.67

Order

[The tenant/s] and [The tenant/s] must pay Rising-Links Property Management Limited $1,355.67 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 13 November 2025 under application number 5370469

Reasons

The tenant initially attended by phone however advised that her phone may cut out, it did, and I could not reconnect her. I had advised her that the matter was set down for today and I was to deal with the outstanding issues today. There was no attempt to provide another number or an adjournment sought. I could hear someone else in close proximity to her before the phone disconnected.
The landlord has previously applied for termination, rent arrears and water rates together with the refund of the bond. This was determined in the previous order of 13 November 2025.

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 photos of before the tenancy and after the tenancy sho the condition the property was left in.
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: There was damage to dors and locks that needed repair. The landlord did not claim for all costs they have incurred in fixing up the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On 13 November 2025, the Tribunal made an order relating to this tenancy, for rent arrears and water rates. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 5370469 — Cleanliness at Unit/Flat 10, 1A Harrison Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 5370469 — Cleanliness at Unit/Flat 10, 1A Harrison Road, Mount Wellington, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

Award balance

Claims & awards

Order

Reasons

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