Published tribunal order
Tenancy Tribunal case 5381306 — Rent arrears at Unit/Flat Flat 1, 50 Pilkington Road, Panmure, Auckland
Decided 19 Feb 2026 · Published 19 Feb 2026 · Application 5381306
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- Nafitalai Fusikata and Melania Fusikata must pay [The landlord/s] $8,640.64 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing which was held by video conference.
- I am satisfied that the tenants have been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
- The landlord has applied for rent arrears, 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 bean on 15 December 2024 and was for a fixed term of one year to 5 December 2025.
- The landlord said that the tenants left on 9 September 2025 despite being advised that they could give notice to leave the fixed term tenancy early. The landlord immediately advertised for new tenants who then moved in on 17 November 2025.
- The landlord seeks rent to 16 November 2025 and produced a rent summary showing the amount owing. The landlord is entitled to rent until the new tenants moved in. The amount owing, as proved by the rent summary, is $5,264.29.
- The landlord also sought water arrears in the amount of $130.35 and produced a water invoice and statement showing the amount owing.
- The claims for rent arrears and water arrears are proved.
- The landlord also sought compensation for expenses involved finding a new tenant (advertising, viewings, credit checks etc), as itemised, in the amount of $1,150.00. I do not consider that the landlord is entitled to recover these expenses as the new tenancy began only three weeks before the end of the fixed term, so this is an expense that the landlord was about to incur anyway. The situation would have been different if the fixed term had not been so close to expiry. Did the tenant comply with their obligations at the end of the tenancy and are they responsible for damage?
- 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.
- 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.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The property manager who attended said that it was immediately apparent that the house was infested with cockroaches although these were mainly concentrated in the kitchen. The landlord produced photos showing the overall condition of the property. These show that the oven and rangehood were left very dirty, the bathroom and toilet were dirty, there was mould in various rooms, the carpet was stained, the lawn needed mowing and tidying and there was rubbish left behind that filled two skips. A very large number of cockroaches were visible.
- The landlord said that the tenants had simply picked up the belongings that they wanted to take with them and had left without cleaning or removing unwanted items.
- The landlord produced an invoice in the amount of $2,892.00 for cleaning, rubbish removal, cleaning, carpet cleaning, lawnmowing and weeding.
- I have reduced the amount awarded slightly to $2,750.00 as tenants only need to leave a property reasonably clean and tidy, and do not need to leave a property spotless and ready for a new tenant to move into. The same standard applies to lawns. It is expected that a landlord will need to do some extra cleaning and lawn tidy before a new tenant moves in.
- I have therefore awarded the amount that I consider is a fair estimate of the amount required to get the property up to the “clean and tidy” condition. I have not reduced the amounts claimed for rubbish removal and pest control, as in the ordinary course these would not be required.
- The landlord explained that first attempt at pest control by the cleaner did not eradicate the cockroaches entirely and so they had to engage a professional pest controller at a cost of $362.25 (invoice provided).
- I am satisfied that professional pest control would have been required given the number of cockroaches at the property. The claim for professional pest control is proved.
- The landlord also explained that the glass was cracked in the bedroom (before and after photos produced) and that the tenants did not return either the front or back door keys of the garage door remotes (photos of keys handed over produced).
- The landlord produced an invoice for replacing all of the locks and the garage door remotes and replacing the glass in the bedroom in the amount of $1,914.75. I am satisfied that the landlord had to replace all of the locks and the glass in the bedroom. This claim is proved.
- The landlord also produced a final invoice for glass repair to a panel next to the front door in the amount of $391.00. The landlord produced photos showing the glass intact at the start of the tenancy and cracked at the end. This claim is also proved. Filing fee and name suppression
- As the landlord has been substantially successful in their claim I have reimbursed the filing fee.
- The landlord also sought an order for name suppression and is entitled to an order as the successful party (see section 95A RTA).