How much money was awarded in case 5371701?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,548.57 awarded to landlord; Bathroom Door: $522.00 awarded to landlord; Front Door: $299.00 awarded to landlord

What type of tenancy dispute was case 5371701?

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

Where can I read the official tribunal order for case 5371701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13020441-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5371701?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,548.57 awarded to landlord; Bathroom Door: $522.00 awarded to landlord; Front Door: $299.00 awarded to landlord

What type of tenancy dispute was case 5371701?

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

Where can I read the official tribunal order for case 5371701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13020441-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 3, 43A Merton Street, Trentham, Upper Hutt Tenancy Tribunal Case 5371701 — Rent arrears

Q: What was Tenancy Tribunal case 5371701 about?

The tribunal order states: The tenancy of Crichton McNaul Hornsby at Unit/Flat Flat 3, 43A Merton Street,

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5371701 — net $5,477.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2026	$6,548.57	Rent arrears to 30 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Front door	$299.00	Repairs: Front door
Repairs: Bathroom door	$522.00	Repairs: Bathroom door
Net award	$5,477.57
Total payable by Tenant to Landlord	$5,477.57

The tenancy of Crichton McNaul Hornsby at Unit/Flat Flat 3, 43A Merton Street, Trentham, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Friday 30 th January 2026.

Team Property Management Limited as agent for Dave Clemens has applied for suppression of their name and identifying details. I am granting suppression of the landlord’s name and details.

Crichton McNaul Hornsby must pay [The landlord/s] $5,477.57 immediately being rent arrears to 30 January 2026, repairs to front door and bathroom doorframe and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears to 30 January 2026$6,548.57 Filing fee reimbursement$28.00 Repairs: Front door$299.00 Repairs: Bathroom door$522.00 Total award$7,397.57 Minus Bond-$1,920.00 Total payable by Tenant to Landlord$5,477.57

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant three times on two different mobile numbers and left messages on the answerphones. The landlord advise that he had been in communication with the tenant the day before the hearing and he was aware of the date and time of the hearing.

The tenant has been served with the notice of the hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in his absence. Landlord claims:

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee, compensation for damages and refund of the bond. Termination:

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The tenancy is terminated at 11.59pm on Friday 30 th January 2026 and possession is granted to the landlord after that date and time.

The tenant has a history of rent arrears during this tenancy. The landlord and tenant have been through mediation in the past to try to remedy the rent arrears, to no avail. The tenant has been served with the appropriate 14 days notices to remedy. The rent arrears have not been resolved and are increasing each week.

It is only fair and reasonable that the tenancy is terminated to ensure the rent arrears do not continue to mount up and cause further financial hardship for the owner. Rent arrears:

The landlord provided rent records which prove the amount of $6548.57 owing at the end of the tenancy on 30 January 2026.

I am satisfied that the landlord has proven their claim for the rent arrears.

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: -Front door -Bathroom door

The landlord provided invoices/quotes for the cost of the repairs and to prove the damages, the exit and pre let inspection reports and photos. The exit inspection photos clearly show the damage to the bathroom door frame and the front door and that this has occurred during this tenancy.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I am satisfied that the landlord has proven their claims for the repairs to the front door and bathroom door frame.

The amounts ordered are proved. Bond/Filing fee/Suppression:

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to refund the bond immediately to the landlord to offset some of the debt owed by the tenant to the landlord.

The landlord has applied for name suppression and as he has been successful, I am granting suppression.

Order

Claims and awards in Tenancy Tribunal application 5371701 — net $5,477.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2026	$6,548.57	Rent arrears to 30 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Front door	$299.00	Repairs: Front door
Repairs: Bathroom door	$522.00	Repairs: Bathroom door
Net award	$5,477.57
Total payable by Tenant to Landlord	$5,477.57

Team Property Management Limited as agent for Dave Clemens has applied for suppression of their name and identifying details. I am granting suppression of the landlord’s name and details.

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The tenant has been served with the notice of the hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in his absence. Landlord claims:

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee, compensation for damages and refund of the bond. Termination:

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The tenancy is terminated at 11.59pm on Friday 30 th January 2026 and possession is granted to the landlord after that date and time.

It is only fair and reasonable that the tenancy is terminated to ensure the rent arrears do not continue to mount up and cause further financial hardship for the owner. Rent arrears:

The landlord provided rent records which prove the amount of $6548.57 owing at the end of the tenancy on 30 January 2026.

I am satisfied that the landlord has proven their claim for the rent arrears.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: -Front door -Bathroom door

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I am satisfied that the landlord has proven their claims for the repairs to the front door and bathroom door frame.

The amounts ordered are proved. Bond/Filing fee/Suppression:

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to refund the bond immediately to the landlord to offset some of the debt owed by the tenant to the landlord.

The landlord has applied for name suppression and as he has been successful, I am granting suppression.

Tenancy Tribunal case 5371701 — Rent arrears at Unit/Flat Flat 3, 43A Merton Street, Trentham, Upper Hutt

At a glance

Tenancy Tribunal case 5371701 — Rent arrears at Unit/Flat Flat 3, 43A Merton Street, Trentham, Upper Hutt

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions