What was the outcome of Tenancy Tribunal case 5393930?

The tribunal order states: Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited

How much money was awarded in case 5393930?

Cleaning: $454.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $251.36 awarded to landlord; Property Damage: $270.25 awarded to landlord; Rent Arrears: $3,271.42 awarded to landlord; Smoke Alarms: $51.84 awarded to landlord; Water Rates: $1,158.95 awarded to landlord

What type of tenancy dispute was case 5393930?

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

Where can I read the official tribunal order for case 5393930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283223-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5393930?

The tribunal order states: Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited

How much money was awarded in case 5393930?

Cleaning: $454.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $251.36 awarded to landlord; Property Damage: $270.25 awarded to landlord; Rent Arrears: $3,271.42 awarded to landlord; Smoke Alarms: $51.84 awarded to landlord; Water Rates: $1,158.95 awarded to landlord

What type of tenancy dispute was case 5393930?

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

Where can I read the official tribunal order for case 5393930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283223-Tenancy_Tribunal_Order.pdf.

43 Saffron Street, Birkdale, Auckland 0626 Tenancy Tribunal Case 5393930 — Rent arrears

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43 Saffron Street, Birkdale, Auckland 0626 Tenancy Tribunal Case 5393930 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5393930 — net $5,486.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,271.42	Rent arrears
Water rates	$1,158.95	Water rates
Replace smoke alarms	$51.84	Replace smoke alarms
Window repairs	$251.36	Window repairs
Cleaning	$454.25	Cleaning
Repairs	$270.25	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,486.07
Total payable by Tenant to Landlord	$5,486.07

Claims and awards for application 5393930 — net $5,486.07 NZD. Verify on MoJ.

Rent arrears

Amount: $3,271.42
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,158.95
Awarded to: Landlord
Reason: Water rates

Replace smoke alarms

Amount: $51.84
Awarded to: Landlord
Reason: Replace smoke alarms

Window repairs

Amount: $251.36
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $454.25
Awarded to: Landlord
Reason: Cleaning

Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Water Rates

Order

Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited As Agent For Katharina Schnier $5,486.07 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,271.42 Water rates$1,158.95 Replace smoke alarms$51.84 Window repairs$251.36 Cleaning$454.25 Repairs$270.25 Filing fee reimbursement$28.00 Total award$5,486.07 Total payable by Tenant to Landlord$5,486.07

Reasons

The landlord attended the video 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 23 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that there were areas in the property which had not been cleaned satisfactorily, the tenant had left behind some items in cupboards and drawers, together with a recycling bin that had been filled with rubbish which required disposal.
Three smoke alarms were missing at the end of the tenancy.
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 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. A window in bedroom 2 was broken. b. There was a hole in the wall of bedroom 2 which required professional plastering. c. A towel rail required resecuring to the wall. d. The hinges on the door to bedroom 2 required repair.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless and the amounts claimed are less than the landlord’s insurance excess.
The amounts ordered are proved.
Because Viaduct City Rentals Limited As Agent For Katharina Schnier has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5393930 — net $5,486.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,271.42	Rent arrears
Water rates	$1,158.95	Water rates
Replace smoke alarms	$51.84	Replace smoke alarms
Window repairs	$251.36	Window repairs
Cleaning	$454.25	Cleaning
Repairs	$270.25	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,486.07
Total payable by Tenant to Landlord	$5,486.07

Claims and awards for application 5393930 — net $5,486.07 NZD. Verify on MoJ.

Rent arrears

Amount: $3,271.42
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,158.95
Awarded to: Landlord
Reason: Water rates

Replace smoke alarms

Amount: $51.84
Awarded to: Landlord
Reason: Replace smoke alarms

Window repairs

Amount: $251.36
Awarded to: Landlord
Reason: Window repairs

Cleaning

Amount: $454.25
Awarded to: Landlord
Reason: Cleaning

Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Water Rates

Order

Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited As Agent For Katharina Schnier $5,486.07 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,271.42 Water rates$1,158.95 Replace smoke alarms$51.84 Window repairs$251.36 Cleaning$454.25 Repairs$270.25 Filing fee reimbursement$28.00 Total award$5,486.07 Total payable by Tenant to Landlord$5,486.07

Reasons

The landlord attended the video 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 23 September 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that there were areas in the property which had not been cleaned satisfactorily, the tenant had left behind some items in cupboards and drawers, together with a recycling bin that had been filled with rubbish which required disposal.
Three smoke alarms were missing at the end of the tenancy.
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 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. A window in bedroom 2 was broken. b. There was a hole in the wall of bedroom 2 which required professional plastering. c. A towel rail required resecuring to the wall. d. The hinges on the door to bedroom 2 required repair.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless and the amounts claimed are less than the landlord’s insurance excess.
The amounts ordered are proved.
Because Viaduct City Rentals Limited As Agent For Katharina Schnier has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5393930 — Rent arrears at 43 Saffron Street, Birkdale, Auckland 0626

At a glance

Tenancy Tribunal case 5393930 — Rent arrears at 43 Saffron Street, Birkdale, Auckland 0626

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

Property management

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

Property management

Frequently asked questions