What was Tenancy Tribunal case 5390206 about?

The tribunal order states: The Bond Centre to pay the full bond ($2,720.00) to AAM Capital Limited,

How much money was awarded in case 5390206?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5390206?

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

Where can I read the official tribunal order for case 5390206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13271442-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5390206 about?

The tribunal order states: The Bond Centre to pay the full bond ($2,720.00) to AAM Capital Limited,

How much money was awarded in case 5390206?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5390206?

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

Where can I read the official tribunal order for case 5390206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13271442-Tenancy_Tribunal_Order.pdf.

72 Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5390206 — Property damage

Order

The Bond Centre to pay the full bond ($2,720.00) to AAM Capital Limited, immediately.
[The tenant/s] tenant/s] to pay AAM Capital Limited $14,940.00 immediately, calculated as follows: DescriptionAmount Rent arrears$5,440.00 Cleaning and rubbish removal$700.00 Lock replacement (keys not returned)$350.00 Carpet damage / flooring replacement (adjusted)$5,700.00 Wall repairs (holes and redecorating)$2,500.00 Broken window reglazing$250.00 Lost rent (4 weeks)$2,720.00 Total award$17,660.00 Less bond (to be paid by Bond Centre)($2,720.00) DescriptionAmount Balance payable by Tenant$14,940.00

Reasons

The Landlord attended the hearing. The Tenant attended previous hearings but did not attend this one. I have considered the Tenant’s evidence from the earlier hearing.
The Landlord has applied for rent arrears (and eight (8) weeks lost rent), compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant vacated the premises on 29 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: 5,440.00
I will return to consider the landlord’s claim for lost rent after considering damage, advertising efforts and steps in mitigation.

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 left behind rubbish. The cost of cleaning the premises and removing rubbish came to $700.00. The photos the landlord has provided tend to prove their claims that the home was filthy; with animal faeces, dirt and other organic compounds caked on carpet and wall surfaces, food items and rubbish left on the floor and in cupboards. The home did not appear to have been cleaned by the Tenant who just took her personal belongings and left.
The tenant did not return the keys. The locks required replacement. This cost $350.00.
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 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: a. The carpets were so badly damaged by animal faeces and urine they required replacement. The evidence shows the tenant had lifted up floorboards and there was no evidence explaining why they did this. The landlord had the floors repaired and replaced with hard flooring at a cost of $6,300.00 which I approve. The carpets had been replaced just prior to the tenancy and the Landlord’s evidence is that the hard flooring may have been $1,000.00 more expensive than the carpet. I award $5,700.00. b. The walls were damaged. A contractor was engaged to fix wall holes. The contractor’s invoice states, “Interior plastering & painting, fixing the wall holes ( Walls damage appears to be intentional caused by tenant )”. There are two significant wall damage events and both of them would require new gib board and decorating. I approve the invoice amount of $2,500.00 c. A glass window was damaged during the tenancy. The Landlord said it was broken toward the end of the tenancy. I award $250.00 for reglazing.
It took 8 weeks to get a new tenant in and the landlord started advertising even before the repairs were underway. The landlord described the market as slow and had listed the premises on TradeMe the week the outgoing tenant vacated, furnishing TradeMe listing receipts as proof. I do not have evidence showing when the listings went up. This was a fixed term tenancy ending 27 November 2025. The landlord has not sought relisting costs but is entitled to a reasonable amount of rent. I award three (4) weeks of lost rent: $2,720.00.

Order

The Bond Centre to pay the full bond ($2,720.00) to AAM Capital Limited, immediately.
[The tenant/s] tenant/s] to pay AAM Capital Limited $14,940.00 immediately, calculated as follows: DescriptionAmount Rent arrears$5,440.00 Cleaning and rubbish removal$700.00 Lock replacement (keys not returned)$350.00 Carpet damage / flooring replacement (adjusted)$5,700.00 Wall repairs (holes and redecorating)$2,500.00 Broken window reglazing$250.00 Lost rent (4 weeks)$2,720.00 Total award$17,660.00 Less bond (to be paid by Bond Centre)($2,720.00) DescriptionAmount Balance payable by Tenant$14,940.00

Reasons

The Landlord attended the hearing. The Tenant attended previous hearings but did not attend this one. I have considered the Tenant’s evidence from the earlier hearing.
The Landlord has applied for rent arrears (and eight (8) weeks lost rent), compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant vacated the premises on 29 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: 5,440.00
I will return to consider the landlord’s claim for lost rent after considering damage, advertising efforts and steps in mitigation.

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 left behind rubbish. The cost of cleaning the premises and removing rubbish came to $700.00. The photos the landlord has provided tend to prove their claims that the home was filthy; with animal faeces, dirt and other organic compounds caked on carpet and wall surfaces, food items and rubbish left on the floor and in cupboards. The home did not appear to have been cleaned by the Tenant who just took her personal belongings and left.
The tenant did not return the keys. The locks required replacement. This cost $350.00.
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 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: a. The carpets were so badly damaged by animal faeces and urine they required replacement. The evidence shows the tenant had lifted up floorboards and there was no evidence explaining why they did this. The landlord had the floors repaired and replaced with hard flooring at a cost of $6,300.00 which I approve. The carpets had been replaced just prior to the tenancy and the Landlord’s evidence is that the hard flooring may have been $1,000.00 more expensive than the carpet. I award $5,700.00. b. The walls were damaged. A contractor was engaged to fix wall holes. The contractor’s invoice states, “Interior plastering & painting, fixing the wall holes ( Walls damage appears to be intentional caused by tenant )”. There are two significant wall damage events and both of them would require new gib board and decorating. I approve the invoice amount of $2,500.00 c. A glass window was damaged during the tenancy. The Landlord said it was broken toward the end of the tenancy. I award $250.00 for reglazing.
It took 8 weeks to get a new tenant in and the landlord started advertising even before the repairs were underway. The landlord described the market as slow and had listed the premises on TradeMe the week the outgoing tenant vacated, furnishing TradeMe listing receipts as proof. I do not have evidence showing when the listings went up. This was a fixed term tenancy ending 27 November 2025. The landlord has not sought relisting costs but is entitled to a reasonable amount of rent. I award three (4) weeks of lost rent: $2,720.00.

Tenancy Tribunal case 5390206 — Property damage at 72 Maplesden Drive, Clendon Park, Auckland 2103

Tenancy Tribunal case 5390206 — Property damage at 72 Maplesden Drive, Clendon Park, Auckland 2103

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Reduce avoidable tribunal risk with proper tenant checks.