What was Tenancy Tribunal case 5374144 about?

The tribunal order states: [The party] and [The party] must pay The Rent Shop Limited $5,928.37

How much money was awarded in case 5374144?

Bailiffs’ Fees: $267.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $579.02 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $597.14 awarded to landlord; Rubbish Removal: $1,370.00 awarded to landlord; Water Rates: $2,207.21 awarded to landlord

What type of tenancy dispute was case 5374144?

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

Where can I read the official tribunal order for case 5374144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13030548-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5374144 about?

The tribunal order states: [The party] and [The party] must pay The Rent Shop Limited $5,928.37

How much money was awarded in case 5374144?

Bailiffs’ Fees: $267.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $579.02 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $597.14 awarded to landlord; Rubbish Removal: $1,370.00 awarded to landlord; Water Rates: $2,207.21 awarded to landlord

What type of tenancy dispute was case 5374144?

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

Where can I read the official tribunal order for case 5374144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13030548-Tenancy_Tribunal_Order.pdf.

49 Waimate Street, Otara, Auckland 2023 Tenancy Tribunal Case 5374144 — Cleanliness

Order

[The party] and [The party] must pay The Rent Shop Limited $5,928.37 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 29 August 2025$597.14 Water rates$2,207.21 Cleaning$450.00 Carpet Cleaning$280.00 Rubbish removal$1,370.00 Window repairs x 3$579.02 Repairs to walls x 2$150.00 Bailiffs’ fees$267.00 Filing fee reimbursement$28.00 Total award$5,928.37

Reasons

Claims and awards in Tenancy Tribunal application 5374144. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2025	$597.14	Rent arrears to 29 August 2025
Water rates	$2,207.21	Water rates
Cleaning	$450.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Rubbish removal	$1,370.00	Rubbish removal
Window repairs x 3	$579.02	Window repairs x 3
Repairs to walls x 2	$150.00	Repairs to walls x 2
Bailiffs’ fees	$267.00	Bailiffs’ fees
Filing fee reimbursement	$28.00	Filing fee reimbursement

The hearing was conducted on Microsoft Teams by telephone.

Zelda Gow attended the hearing the landlord.

The tenants did not attend. The hearing proceeded in their absence.

The landlord has applied for rent and water arrears, compensation for various tenancy- end related expenses, and reimbursement of the filing fee.

How much do the tenants owe for rent and water rates?

The tenancy ended on 29 August 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as set out in the table above.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish. 1

The landlord claims the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided photographs and an invoice which satisfy me on the balance of probabilities the tenants committed the alleged breaches and of the landlord’s related losses.

The amounts ordered for cleaning, carpet cleaning, and rubbish removal are proved.

When the tenancy ends, tenants must quit the premises. 2 The tenants failed to move out. The landlord had to seek a warrant of eviction for the bailiffs to remove the tenants from the premises. The cost to the landlord was $267.00. I order the tenants to reimburse the landlord for that cost also. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(iii). 2 RTA s 40(1)(e)(i).

Are the tenants liable for damage to the premises?

The landlord claims for the cost of repairing three broken windows, and two minor wall holes.

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.

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). 3

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). 4

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. 5

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. 6

I am satisfied that the three windows were broken and that a wall in the sleepout and in a bedroom were holed during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The landlord’s excess is $400.00 per event. The tenants are liable for the full amount because the cost of repairing each damage event is less than $400.00.

The amounts ordered are proved. Filing fees

The tenants must reimburse the landlord for the filing fee. 7 3 RTA s See section 49B(3)(a). 4 RTA s 49B(3)(b). 5 RTA s 49B(1). 6 See Guo v Korck [2019] NZHC 1541. 7 RTA s 102(4)(b).

The landlord applied for the filing fees for two other claims involving the tenants. I decline to order those filing fees because they relate to those other applications not this one.

Claims and awards in Tenancy Tribunal application 5374144. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2025	$597.14	Rent arrears to 29 August 2025
Water rates	$2,207.21	Water rates
Cleaning	$450.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Rubbish removal	$1,370.00	Rubbish removal
Window repairs x 3	$579.02	Window repairs x 3
Repairs to walls x 2	$150.00	Repairs to walls x 2
Bailiffs’ fees	$267.00	Bailiffs’ fees
Filing fee reimbursement	$28.00	Filing fee reimbursement

Order

Reasons

The hearing was conducted on Microsoft Teams by telephone.
Zelda Gow attended the hearing the landlord.
The tenants did not attend. The hearing proceeded in their absence.
The landlord has applied for rent and water arrears, compensation for various tenancy- end related expenses, and reimbursement of the filing fee.

How much do the tenants owe for rent and water rates?

The tenancy ended on 29 August 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as set out in the table above.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish. 1
The landlord claims the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs and an invoice which satisfy me on the balance of probabilities the tenants committed the alleged breaches and of the landlord’s related losses.
The amounts ordered for cleaning, carpet cleaning, and rubbish removal are proved.
When the tenancy ends, tenants must quit the premises. 2 The tenants failed to move out. The landlord had to seek a warrant of eviction for the bailiffs to remove the tenants from the premises. The cost to the landlord was $267.00. I order the tenants to reimburse the landlord for that cost also. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(iii). 2 RTA s 40(1)(e)(i).

Are the tenants liable for damage to the premises?

The landlord claims for the cost of repairing three broken windows, and two minor wall holes.
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.
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). 3
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). 4
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. 5
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. 6
I am satisfied that the three windows were broken and that a wall in the sleepout and in a bedroom were holed during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord’s excess is $400.00 per event. The tenants are liable for the full amount because the cost of repairing each damage event is less than $400.00.
The amounts ordered are proved. Filing fees
The tenants must reimburse the landlord for the filing fee. 7 3 RTA s See section 49B(3)(a). 4 RTA s 49B(3)(b). 5 RTA s 49B(1). 6 See Guo v Korck [2019] NZHC 1541. 7 RTA s 102(4)(b).
The landlord applied for the filing fees for two other claims involving the tenants. I decline to order those filing fees because they relate to those other applications not this one.

Tenancy Tribunal case 5374144 — Cleanliness at 49 Waimate Street, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5374144 — Cleanliness at 49 Waimate Street, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

How much do the tenants owe for rent and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants liable for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much do the tenants owe for rent and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants liable for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions