What was Tenancy Tribunal case 5390281 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 5390281?

Cleaning: $140.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $436.25 awarded to landlord; Rent Arrears: $9,600.00 awarded to landlord; Rubbish Removal: $388.21 awarded to landlord

What type of tenancy dispute was case 5390281?

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

Where can I read the official tribunal order for case 5390281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13035986-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5390281 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 5390281?

Cleaning: $140.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $436.25 awarded to landlord; Rent Arrears: $9,600.00 awarded to landlord; Rubbish Removal: $388.21 awarded to landlord

What type of tenancy dispute was case 5390281?

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

Where can I read the official tribunal order for case 5390281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13035986-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5390281 — Rent arrears

Claims and awards in Tenancy Tribunal application 5390281 — net $8,552.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2025	$9,600.00	Rent arrears to 9 October 2025
Cleaning	$360.00	Cleaning
Carpet Cleaning	$140.00	Carpet Cleaning
Rubbish removal and truck hire	$388.21	Rubbish removal and truck hire
Cook top replacement (depreciated	$436.25	Cook top replacement (depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,552.46
Total payable by Tenant to Landlord	$8,552.46

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 $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Jacqueline Fraser-Haerewa must pay [The landlord/s] $8,552.46 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing which was held by phone. The current landlord is managing the property for the original landlord under a property management agreement.
The Tribunal made four calls to the tenant. The first call went to voicemail. The tenant answered the second call and said she would just get her documents together and the call then terminated. The third and fourth calls both went to voicemail.
I am satisfied that the tenant has been served with the landlord’s application and was notified of the hearing today. The hearing therefore 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?

The tenancy began on 27 September 2024 and was for a fixed term of one year. Rent was $600 per week. The tenant moved into the property with her partner and children.
The landlord said that payments were sporadic throughout the tenancy and they tried to work closely with the tenant to manage the arrears. However the tenant stopped communicating with them and when the landlord went to the property on 2 October 2025 they found that the tenant had moved out without giving notice. The landlord took back possession on 9 October 2025 and seeks arrears to that date. The landlord produced a rent summary showing that rent was in arrears to that date in the amount of $12,000.
The rent is significantly in arrears (20 weeks) and so the Tribunal must consider whether the landlord has taken reasonable steps to mitigate their loss. 1
There were initially no issues with payment of rent but the tenant began missing payments in December 2024. The landlord produced a rent summary showing missed payments but also catch-up payments so the rent arrears was never more than two weeks.
The rent arrears increased to three weeks in March 2025. The tenant continued to miss multiple payments but also made catch-up payments from time to time, but the arrears continued to gradually increase. 1 Huang v Ashworth [2024] NZDC 15726
The landlord said that she is aware of the need for landlords to mitigate their loss but that she did not apply to terminate the tenancy as the arrears increased because: a. The tenant had a young family; b. The tenant assured her in June 2025 that she had applied for a Kiwisaver hardship grant and would pay the arrears as soon as this was approved; c. The tenant sent her screenshots of payments made to the landlord but these were never received; d. The tenant said that she and her partner had applied for jobseeker support and would have payments re-directed from WINZ.
I am satisfied that the landlord has worked closely with the tenant to try to manage and reduce the arrears while also trying to sustain this tenancy. In my view the landlord has taken reasonable steps to mitigate their loss up until the last 8 weeks of the tenancy where no payments were made at all.
During this period the arrears increased from $7,800 to $12,000. It must have been apparent to the landlord by this stage that the Kiwisaver and/or WINZ payments were not going to be made.
The landlord should have taken steps to terminate the tenancy at this stage to mitigate their loss. I appreciate that this process takes some time, and so I have reduced the rent arrears by four weeks rent ($2,400) rather than eight weeks.
The rent arrears owing is therefore $9,600.

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 landlord produced photos from the end of the tenancy showing that the property had not been cleaned, there were stains on the carpet, and there was a significant amount of rubbish left behind. The carpet had been new at the start of the tenancy as evidenced by the ingoing inspection report.
The landlord produced invoices as follows: a. Cleaning - $360.00 b. Rubbish removal and truck hire - $388.21 c. Carpet cleaning - $140.00.
I am satisfied that the landlord has proved that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The compensation claimed is reasonable and I order accordingly.

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 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.
The landlord produced photos and an ingoing inspection report proving that the property had been recently renovated at the start of the tenancy with a new ceramic cooktop.
The landlord produced a photo from the end of the tenancy showing that the cooktop had been cracked.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The landlord claims the amount of $499 being the cost of an identical cooktop. The landlord advised that the landlord’s insurance excess is more than the cost of the cooktop.
When ordering compensation for damage the Tribunal is required to consider betterment and depreciation. The Inland Revenue IR265 (Residential Rental Chattels) estimate that cooktops have a useful life of 8 years. As the tenancy was for a one-year period I have deducted one-eighth of the cost of the cook top and order compensation of $436.25. Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord sought an order for name suppression on the application form and is entitled to an order pursuant to section 95A RTA as the successful party.

Claims and awards in Tenancy Tribunal application 5390281 — net $8,552.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2025	$9,600.00	Rent arrears to 9 October 2025
Cleaning	$360.00	Cleaning
Carpet Cleaning	$140.00	Carpet Cleaning
Rubbish removal and truck hire	$388.21	Rubbish removal and truck hire
Cook top replacement (depreciated	$436.25	Cook top replacement (depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,552.46
Total payable by Tenant to Landlord	$8,552.46

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 $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Jacqueline Fraser-Haerewa must pay [The landlord/s] $8,552.46 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing which was held by phone. The current landlord is managing the property for the original landlord under a property management agreement.
The Tribunal made four calls to the tenant. The first call went to voicemail. The tenant answered the second call and said she would just get her documents together and the call then terminated. The third and fourth calls both went to voicemail.
I am satisfied that the tenant has been served with the landlord’s application and was notified of the hearing today. The hearing therefore 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?

The tenancy began on 27 September 2024 and was for a fixed term of one year. Rent was $600 per week. The tenant moved into the property with her partner and children.
The landlord said that payments were sporadic throughout the tenancy and they tried to work closely with the tenant to manage the arrears. However the tenant stopped communicating with them and when the landlord went to the property on 2 October 2025 they found that the tenant had moved out without giving notice. The landlord took back possession on 9 October 2025 and seeks arrears to that date. The landlord produced a rent summary showing that rent was in arrears to that date in the amount of $12,000.
The rent is significantly in arrears (20 weeks) and so the Tribunal must consider whether the landlord has taken reasonable steps to mitigate their loss. 1
There were initially no issues with payment of rent but the tenant began missing payments in December 2024. The landlord produced a rent summary showing missed payments but also catch-up payments so the rent arrears was never more than two weeks.
The rent arrears increased to three weeks in March 2025. The tenant continued to miss multiple payments but also made catch-up payments from time to time, but the arrears continued to gradually increase. 1 Huang v Ashworth [2024] NZDC 15726
The landlord said that she is aware of the need for landlords to mitigate their loss but that she did not apply to terminate the tenancy as the arrears increased because: a. The tenant had a young family; b. The tenant assured her in June 2025 that she had applied for a Kiwisaver hardship grant and would pay the arrears as soon as this was approved; c. The tenant sent her screenshots of payments made to the landlord but these were never received; d. The tenant said that she and her partner had applied for jobseeker support and would have payments re-directed from WINZ.
I am satisfied that the landlord has worked closely with the tenant to try to manage and reduce the arrears while also trying to sustain this tenancy. In my view the landlord has taken reasonable steps to mitigate their loss up until the last 8 weeks of the tenancy where no payments were made at all.
During this period the arrears increased from $7,800 to $12,000. It must have been apparent to the landlord by this stage that the Kiwisaver and/or WINZ payments were not going to be made.
The landlord should have taken steps to terminate the tenancy at this stage to mitigate their loss. I appreciate that this process takes some time, and so I have reduced the rent arrears by four weeks rent ($2,400) rather than eight weeks.
The rent arrears owing is therefore $9,600.

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 landlord produced photos from the end of the tenancy showing that the property had not been cleaned, there were stains on the carpet, and there was a significant amount of rubbish left behind. The carpet had been new at the start of the tenancy as evidenced by the ingoing inspection report.
The landlord produced invoices as follows: a. Cleaning - $360.00 b. Rubbish removal and truck hire - $388.21 c. Carpet cleaning - $140.00.
I am satisfied that the landlord has proved that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The compensation claimed is reasonable and I order accordingly.

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 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.
The landlord produced photos and an ingoing inspection report proving that the property had been recently renovated at the start of the tenancy with a new ceramic cooktop.
The landlord produced a photo from the end of the tenancy showing that the cooktop had been cracked.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The landlord claims the amount of $499 being the cost of an identical cooktop. The landlord advised that the landlord’s insurance excess is more than the cost of the cooktop.
When ordering compensation for damage the Tribunal is required to consider betterment and depreciation. The Inland Revenue IR265 (Residential Rental Chattels) estimate that cooktops have a useful life of 8 years. As the tenancy was for a one-year period I have deducted one-eighth of the cost of the cook top and order compensation of $436.25. Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord sought an order for name suppression on the application form and is entitled to an order pursuant to section 95A RTA as the successful party.

Tenancy Tribunal case 5390281 — Rent arrears

At a glance

Tenancy Tribunal case 5390281 — Rent arrears

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions