What was the outcome of Tenancy Tribunal case 5378563?

The tribunal order states: Lillian Cecilia Marsh and Jeorden Hemana Hoera Elder Gurnick-Wairoa must

How much money was awarded in case 5378563?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Previous Order Application 5338422 D…: $325.73 awarded to landlord; Property Damage: $244.48 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Walls (Cement Block: $329.56 awarded to landlord; Replace Furnishings: Curtains: $402.50 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord; Water Rates: $28.36 awarded to landlord

What type of tenancy dispute was case 5378563?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5378563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13196714-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5378563?

The tribunal order states: Lillian Cecilia Marsh and Jeorden Hemana Hoera Elder Gurnick-Wairoa must

How much money was awarded in case 5378563?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Previous Order Application 5338422 D…: $325.73 awarded to landlord; Property Damage: $244.48 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Walls (Cement Block: $329.56 awarded to landlord; Replace Furnishings: Curtains: $402.50 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord; Water Rates: $28.36 awarded to landlord

What type of tenancy dispute was case 5378563?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5378563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13196714-Tenancy_Tribunal_Order.pdf.

30A Leaver Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5378563 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

30A Leaver Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5378563 — Property damage | 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 5378563 — net $4,401.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5338422 dated 22/09/2025	$325.73	Previous order application 5338422 dated 22/09/2025
Water rates	$28.36	Water rates
Window repairs	$244.48	Window repairs
Cleaning	$517.50	Cleaning
Lawns and Garden work	$230.00	Lawns and Garden work
Rubbish removal	$345.00	Rubbish removal
Replace furnishings: curtains	$402.50	Replace furnishings: curtains
Repairs: walls (cement block	$329.56	Repairs: walls (cement block
Repairs: carpet replacement (limited to excess	$1,950.00	Repairs: carpet replacement (limited to excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,401.13
Total payable by Tenant to Landlord	$4,401.13

Claims and awards for application 5378563 — net $4,401.13 NZD. Verify on MoJ.

Previous order application 5338422 dated 22/09/2025

Amount: $325.73
Awarded to: Landlord
Reason: Previous order application 5338422 dated 22/09/2025

Water rates

Amount: $28.36
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $244.48
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $230.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

Lillian Cecilia Marsh and Jeorden Hemana Hoera Elder Gurnick-Wairoa must pay Let's Rent Limited As Agents For Craggs Pivac Ltd $4,401.13 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22/09/2025 under application 5338422.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The curtains were damaged at the end of the tenancy. The landlord had to replace them.
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 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.
The following damage was caused during the tenancy: windows, carpets, curtains and cement board. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant's liability on carpet damage is limited to the lesser of the insurance excess accordingly.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
On 22/09/2025 under application 5338422, the Tribunal made an order relating to this tenancy. The previous Mediator’s Order is incorporated into this order for enforcement purposes.

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 5378563 — net $4,401.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5338422 dated 22/09/2025	$325.73	Previous order application 5338422 dated 22/09/2025
Water rates	$28.36	Water rates
Window repairs	$244.48	Window repairs
Cleaning	$517.50	Cleaning
Lawns and Garden work	$230.00	Lawns and Garden work
Rubbish removal	$345.00	Rubbish removal
Replace furnishings: curtains	$402.50	Replace furnishings: curtains
Repairs: walls (cement block	$329.56	Repairs: walls (cement block
Repairs: carpet replacement (limited to excess	$1,950.00	Repairs: carpet replacement (limited to excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,401.13
Total payable by Tenant to Landlord	$4,401.13

Claims and awards for application 5378563 — net $4,401.13 NZD. Verify on MoJ.

Previous order application 5338422 dated 22/09/2025

Amount: $325.73
Awarded to: Landlord
Reason: Previous order application 5338422 dated 22/09/2025

Water rates

Amount: $28.36
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $244.48
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $230.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Water Rates

Order

Lillian Cecilia Marsh and Jeorden Hemana Hoera Elder Gurnick-Wairoa must pay Let's Rent Limited As Agents For Craggs Pivac Ltd $4,401.13 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22/09/2025 under application 5338422.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The curtains were damaged at the end of the tenancy. The landlord had to replace them.
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 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.
The following damage was caused during the tenancy: windows, carpets, curtains and cement board. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant's liability on carpet damage is limited to the lesser of the insurance excess accordingly.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
On 22/09/2025 under application 5338422, the Tribunal made an order relating to this tenancy. The previous Mediator’s Order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 5378563 — Property damage at 30A Leaver Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5378563 — Property damage at 30A Leaver Place, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Property management

Frequently asked questions