What was Tenancy Tribunal case 5370481 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 5370481?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,550.00 awarded to landlord; Rent Arrears: $4,192.14 awarded to landlord; Water Rates: $483.81 awarded to landlord

What type of tenancy dispute was case 5370481?

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

Where can I read the official tribunal order for case 5370481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13121524-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5370481 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 5370481?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,550.00 awarded to landlord; Rent Arrears: $4,192.14 awarded to landlord; Water Rates: $483.81 awarded to landlord

What type of tenancy dispute was case 5370481?

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

Where can I read the official tribunal order for case 5370481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13121524-Tribunal_Order_Redacted.pdf.

11 Boyd Avenue, Royal Oak, Auckland 1061 Tenancy Tribunal Case 5370481 — Rent arrears

Tenantcheck Insights

11 Boyd Avenue, Royal Oak, Auckland 1061 Tenancy Tribunal Case 5370481 — 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 5370481 — net $3,253.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2025	$4,192.14	Rent arrears to 28 November 2025
Water rates	$483.81	Water rates
Repairs	$1,550.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,253.95
Total payable by Tenant to Landlord	$3,253.95

Claims and awards for application 5370481 — net $3,253.95 NZD. Verify on MoJ.

Rent arrears to 28 November 2025

Amount: $4,192.14
Awarded to: Landlord
Reason: Rent arrears to 28 November 2025

Water rates

Amount: $483.81
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $1,550.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,253.95

Total payable by Tenant to Landlord

Landlord $3,253.95

Dismissed claims

Healthy Homes Standards — 2 120 days from the commencement of the tenancy __________________________________________________________________________________ 53704814

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Osovale Leuila must pay [The landlord/s] $3,253.95 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing held on 13 February 2026. The landlord attended in person and the tenant attended by telephone.
An earlier hearing was held on 6 November 2025. That hearing was adjourned to enable the tenant’s cross application to be before the Tribunal.
The tenancy commenced on 29 November 2024 and ended on 28 November 2025.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 28 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord produced water rates invoices, but no meter reading was taken at the end of tenancy. All the invoices after July 2025 were estimates of water usage rather than from actual readings. It is therefore not possible to determine how much water was used by the tenant at the end of tenancy as required by the Residential Tenancies Act 1986 1 . The invoices up to and including July 2025 are awarded.

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 remove all rubbish.
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.
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 1 Section 39(4)(c) Residential Tenancies Act 1986 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: wall damage (toilet, rumpus room), door hole, damaged front door framing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The tenant applied for a claim in respect of the Healthy Homes standards.
The landlord produced a Healthy Homes compliance statement which I am told was provided to the tenant before the tenancy commenced. Also produced is an invoice from GNS Supplies Limited dated 14 October 2024 which lists work carried out to bring the house up to the Healthy Homes standards.
On the evidence produced I accept that it is more likely than not that the home was Healthy Homes compliant on the date that it was to comply 2 . The tenant has not produced any evidence to support that the premises was not Healthy Homes compliant.
The tenant referred to mould found at the premises. There is a photograph showing mould growth behind the wallpaper in the bathroom by the toilet. This mould growth was brought to the property manager’s attention during an inspection on 21 October 2025.
Mould growth can be caused by problems including moisture, water issues or from lack of ventilation. Both the landlord and tenant can be responsible for mould growth depending on the circumstances. In this case there is insufficient evidence to attribute the cause of the mould and therefore whether either party is at fault in any way.
Due to the evidence of Healthy Homes compliance and a lack of evidence in relation to the mould growth, the tenant’s claim is dismissed. 2 120 days from the commencement of the tenancy
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. As the successful party the landlord is entitled to name suppression as sought.

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 5370481 — net $3,253.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2025	$4,192.14	Rent arrears to 28 November 2025
Water rates	$483.81	Water rates
Repairs	$1,550.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,253.95
Total payable by Tenant to Landlord	$3,253.95

Claims and awards for application 5370481 — net $3,253.95 NZD. Verify on MoJ.

Rent arrears to 28 November 2025

Amount: $4,192.14
Awarded to: Landlord
Reason: Rent arrears to 28 November 2025

Water rates

Amount: $483.81
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $1,550.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,253.95

Total payable by Tenant to Landlord

Landlord $3,253.95

Dismissed claims

Healthy Homes Standards — 2 120 days from the commencement of the tenancy __________________________________________________________________________________ 53704814

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Osovale Leuila must pay [The landlord/s] $3,253.95 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing held on 13 February 2026. The landlord attended in person and the tenant attended by telephone.
An earlier hearing was held on 6 November 2025. That hearing was adjourned to enable the tenant’s cross application to be before the Tribunal.
The tenancy commenced on 29 November 2024 and ended on 28 November 2025.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 28 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord produced water rates invoices, but no meter reading was taken at the end of tenancy. All the invoices after July 2025 were estimates of water usage rather than from actual readings. It is therefore not possible to determine how much water was used by the tenant at the end of tenancy as required by the Residential Tenancies Act 1986 1 . The invoices up to and including July 2025 are awarded.

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 remove all rubbish.
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.
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 1 Section 39(4)(c) Residential Tenancies Act 1986 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: wall damage (toilet, rumpus room), door hole, damaged front door framing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The tenant applied for a claim in respect of the Healthy Homes standards.
The landlord produced a Healthy Homes compliance statement which I am told was provided to the tenant before the tenancy commenced. Also produced is an invoice from GNS Supplies Limited dated 14 October 2024 which lists work carried out to bring the house up to the Healthy Homes standards.
On the evidence produced I accept that it is more likely than not that the home was Healthy Homes compliant on the date that it was to comply 2 . The tenant has not produced any evidence to support that the premises was not Healthy Homes compliant.
The tenant referred to mould found at the premises. There is a photograph showing mould growth behind the wallpaper in the bathroom by the toilet. This mould growth was brought to the property manager’s attention during an inspection on 21 October 2025.
Mould growth can be caused by problems including moisture, water issues or from lack of ventilation. Both the landlord and tenant can be responsible for mould growth depending on the circumstances. In this case there is insufficient evidence to attribute the cause of the mould and therefore whether either party is at fault in any way.
Due to the evidence of Healthy Homes compliance and a lack of evidence in relation to the mould growth, the tenant’s claim is dismissed. 2 120 days from the commencement of the tenancy
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. As the successful party the landlord is entitled to name suppression as sought.

Tenancy Tribunal case 5370481 — Rent arrears at 11 Boyd Avenue, Royal Oak, Auckland 1061

At a glance

Tenancy Tribunal case 5370481 — Rent arrears at 11 Boyd Avenue, Royal Oak, Auckland 1061

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions