Published tribunal order
Tenancy Tribunal case 5388601 — Rent arrears at 12 Pangu Way, Mangere, Auckland 2022
Published 16 January 2026 · Application 5388601
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
Order
Jocelyn Rapana-Wharewaka must pay Rentmax Limited As Agent For Bronwyn Clulow & Michael Clulow $3,128.48 immediately, calculated as shown in table below. Award table omitted. See the official MoJ PDF for line-item amounts.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the abandonment of the fixed term tenancy by the tenant.
How much is owed for rent and water rates?
- This was a fixed term tenancy expiring on 19 October 2026.
- On 20 November 2025 the landlord discovered that the tenant had vacated the premises and abandoned the tenancy leaving rent in arrears.
- The landlord provided rent records and water rates invoices which prove the amount owing to 20 November 2025.
- I also award the landlord a further 3 weeks’ rent while efforts were made to relet the premises. Actual readvertising fees incurred is also proved.
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.
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.
- The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- The bond has since been refunded to the landlord.