What was Tenancy Tribunal case 5387101 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5387101?

Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $159.29 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Water Rates: $11.71 awarded to landlord

What type of tenancy dispute was case 5387101?

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

Where can I read the official tribunal order for case 5387101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13080074-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5387101 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5387101?

Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $159.29 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Water Rates: $11.71 awarded to landlord

What type of tenancy dispute was case 5387101?

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

Where can I read the official tribunal order for case 5387101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13080074-Tribunal_Order_Redacted.pdf.

50 Pennant Street, Long Bay, Auckland 0630 Tenancy Tribunal Case 5387101 — Cleanliness

Claims and awards in Tenancy Tribunal application 5387101 — net $2,246.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$159.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$920.00	Cleaning
Rubbish removal	$552.00	Rubbish removal
Repairs: wall damage	$575.00	Repairs: wall damage
Water rates	$11.71	Water rates
Net award	$2,246.00
Total payable by Tenant to Landlord	$2,246.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Barfoot & Thompson Limited As The Agent For Chi Wai David Poon, Joanne So $2,246.00 being rent arrears to 18 September 2025, water bills, compensation, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$159.29 Filing fee reimbursement$28.00 Cleaning$920.00 Rubbish removal$552.00 Repairs: wall damage$575.00 Water rates$11.71 Total award$2,246.00 Total payable by Tenant to Landlord$2,246.00

Reasons

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

How much is owed for rent and water rates?

The tenancy ended on 18 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears after the bond had been previous refunded back to the landlord for rent arrears was $159.29. The water bills remaining were $11.71. The tenant does not dispute these claims.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let and exit inspection report and photos. The photos and report show the property was not reasonable clean and tidy and there was rubbish left throughout the property.
The landlord provided an invoice for $920.00 for cleaning the whole house and $552.00 for rubbish removal.
The tenant accepts that he did not leave the property clean and tidy and that he left a lot of rubbish behind. The tenant accepts that he owes the landlord the cost of the cleaning and rubbish removal.
The tenant had been at the property for nearly 3 years. He had maintained the property and had been a good tenant until just before the end of the tenancy. The tenant explained the circumstances that occurred and why he was unable to pay the rent and comply with his obligations under the RTA and tenancy agreement. The circumstances were extreme and beyond the control of the tenant.
I am satisfied that the landlord has proven their claim for the cleaning and rubbish removal.

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: -Dent in the garage wall that required replastered and repainted. -Paint chips off the wall where LED lights had been installed and removed at the end of the tenancy.
The landlord provided the photos to show the damage and the invoice for the cost of the repairs.
The tenant acknowledges the damage and does not dispute the cost of the repairs.
The house was brand new when the tenancy commenced on 1 November 2022.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee/Suppression:
Because Barfoot & Thompson Limited As The Agent For Chi Wai David Poon, Joanne So has wholly succeeded with the claim I must reimburse the filing fee.
The tenant has applied for suppression of his name and details. S95A of the RTA allows the Tribunal to order that the name or identifying details of a party not be published, if the Tribunal is satisfied that publication would be unfair or cause undue hardship.
In this case, the breaches of the RTA arose due to extreme personal circumstances beyond the tenant’s control. I am satisfied that publication of the tenant’s name would be unfair and would cause undue hardship in the circumstances. Accordingly, I order, under s95A of the RTA that the tenant’s name and any identifying details are suppressed and must not be published.

Claims and awards in Tenancy Tribunal application 5387101 — net $2,246.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$159.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$920.00	Cleaning
Rubbish removal	$552.00	Rubbish removal
Repairs: wall damage	$575.00	Repairs: wall damage
Water rates	$11.71	Water rates
Net award	$2,246.00
Total payable by Tenant to Landlord	$2,246.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Barfoot & Thompson Limited As The Agent For Chi Wai David Poon, Joanne So $2,246.00 being rent arrears to 18 September 2025, water bills, compensation, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$159.29 Filing fee reimbursement$28.00 Cleaning$920.00 Rubbish removal$552.00 Repairs: wall damage$575.00 Water rates$11.71 Total award$2,246.00 Total payable by Tenant to Landlord$2,246.00

Reasons

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

How much is owed for rent and water rates?

The tenancy ended on 18 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears after the bond had been previous refunded back to the landlord for rent arrears was $159.29. The water bills remaining were $11.71. The tenant does not dispute these claims.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let and exit inspection report and photos. The photos and report show the property was not reasonable clean and tidy and there was rubbish left throughout the property.
The landlord provided an invoice for $920.00 for cleaning the whole house and $552.00 for rubbish removal.
The tenant accepts that he did not leave the property clean and tidy and that he left a lot of rubbish behind. The tenant accepts that he owes the landlord the cost of the cleaning and rubbish removal.
The tenant had been at the property for nearly 3 years. He had maintained the property and had been a good tenant until just before the end of the tenancy. The tenant explained the circumstances that occurred and why he was unable to pay the rent and comply with his obligations under the RTA and tenancy agreement. The circumstances were extreme and beyond the control of the tenant.
I am satisfied that the landlord has proven their claim for the cleaning and rubbish removal.

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: -Dent in the garage wall that required replastered and repainted. -Paint chips off the wall where LED lights had been installed and removed at the end of the tenancy.
The landlord provided the photos to show the damage and the invoice for the cost of the repairs.
The tenant acknowledges the damage and does not dispute the cost of the repairs.
The house was brand new when the tenancy commenced on 1 November 2022.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee/Suppression:
Because Barfoot & Thompson Limited As The Agent For Chi Wai David Poon, Joanne So has wholly succeeded with the claim I must reimburse the filing fee.
The tenant has applied for suppression of his name and details. S95A of the RTA allows the Tribunal to order that the name or identifying details of a party not be published, if the Tribunal is satisfied that publication would be unfair or cause undue hardship.
In this case, the breaches of the RTA arose due to extreme personal circumstances beyond the tenant’s control. I am satisfied that publication of the tenant’s name would be unfair and would cause undue hardship in the circumstances. Accordingly, I order, under s95A of the RTA that the tenant’s name and any identifying details are suppressed and must not be published.

Tenancy Tribunal case 5387101 — Cleanliness at 50 Pennant Street, Long Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5387101 — Cleanliness at 50 Pennant Street, Long Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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

Frequently asked questions