Tenantcheck Insights · Case study
Tenancy Tribunal case 5380504 — Rent arrears at Unit/Flat Flat 19, 37 Ireland Road, Mount Wellington,
Decided 19 Dec 2025 · Published 19 Dec 2025 · Application 5380504
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,826.23
- Bond payment as ordered
- −$1,680.00
- Total balance for Tenant to pay Landlord
- $3,146.23
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 19 December 2025 | $4,080.00 | Rent arrears to 19 December 2025 | |
| Repairs: Kitchen hob (insurance excess | $400.00 | Repairs: Kitchen hob (insurance excess | |
| Advertising | $318.23 | Advertising | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement |
Order
- The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 19, 37 Ireland Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to Crockers Property Management Limited as agent for David and [The tenant/s] landlord/s], at 11:59pm on 19 December 2025.
- [The tenant/s] tenant/s] must pay Crockers Property Management Limited as agent for David and [The tenant/s] landlord/s] $3,146.23 immediately, as calculated in the table below:
- The Bond Centre is to pay the bond of $1,680.00 (BN-00055992) to Crockers Property Management Limited as agent for David and [The tenant/s] landlord/s] immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend the hearing and did not respond despite being telephoned on the number ending in 486.
- The fixed term tenancy commenced on 24 March 2025 and was due to end on 24 March 2026.
- The tenant contacted the landlord in October seeking to end the fixed term tenancy early and was provided with an initial agreement document. The agreement essentially started the process of ending the fixed term tenancy early but noted that the parties needed to agree to an end date. It generally stated that the tenant agreed to pay rent and associated costs until a new tenant could be found. It was signed by the tenant but then communications substantially ceased.
- There was therefore no agreement reached between the parties on when the tenancy would end.
- The tenant has stopped paying rent or communicating and the landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The landlord understands that the tenant has moved out of the property, however, the landlord has not taken possession of the property and considers that the tenancy is still in place. The landlord has only entered the property to conduct viewings for new tenants and has complied with notice requirements when doing so. I note that no new tenant has yet been found to take over the tenancy.
- The landlord accordingly seeks to terminate the tenancy for rent arrears, rather than seeking claims for the reduction of the fixed term tenancy in accordance with section 44A, on the basis that an agreement was not reached between the parties on the tenancy end date.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is now terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
- The landlord provided rent records which prove the amount owing of $4,080.00 at the end of the tenancy.
- The landlord also seeks the fixed cost amount of $318.23 agreed between the parties to advertise the property, and the amount ordered is proved. This cost was only incurred due to the tenant’s request to end the fixed-term tenancy early.
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 landlord seeks compensation for a broken kitchen hob at the property and has provided a photograph of the damage. The total amount for the repair is approximately $690.00 however, the landlord is using insurance for the repair and is only seeking the insurance excess of $400.00.
- The following damage was caused during the tenancy: Broken kitchen hob. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Crockers Property Management Limited as agent for David and [The tenant/s] landlord/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 19 December 2025
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s44A, s49B, s49B(1), s49B(3), s49B(3A), s55(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5380504 about?
The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 19, 37
How much money was awarded in case 5380504?
Advertising: $318.23 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,080.00 awarded to landlord; Property Damage: $400.00 awarded to landlord
What type of tenancy dispute was case 5380504?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5380504?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12900615-Tenancy_Tribunal_Order.pdf.
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