What was Tenancy Tribunal case 5394983 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 5394983?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,060.00 awarded to landlord; Cat Scratches By Consent: $345.00 awarded to landlord

What type of tenancy dispute was case 5394983?

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

Where can I read the official tribunal order for case 5394983?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353256-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5394983 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 5394983?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,060.00 awarded to landlord; Cat Scratches By Consent: $345.00 awarded to landlord

What type of tenancy dispute was case 5394983?

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

Where can I read the official tribunal order for case 5394983?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353256-Tribunal_Order_Redacted.pdf.

25B Brookfield Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 5394983 — Rent arrears

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25B Brookfield Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 5394983 — 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 5394983 — net $513.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: cat scratches by consent	$345.00	Repairs: cat scratches by consent
Rent arrears to 10 October 2025	$4,060.00	Rent arrears to 10 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$513.00
Total payable by Tenant to Landlord	$513.00

Claims and awards for application 5394983 — net $513.00 NZD. Verify on MoJ.

Repairs: cat scratches by consent

Amount: $345.00
Awarded to: Landlord
Reason: Repairs: cat scratches by consent

Rent arrears to 10 October 2025

Amount: $4,060.00
Awarded to: Landlord
Reason: Rent arrears to 10 October 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $513.00

Total payable by Tenant to Landlord

Landlord $513.00

Dismissed claims

Cleaning
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The tenant/s] must pay [The landlord/s] $513.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims are dismissed.

Reasons

Both parties attended the hearing.
The parties had a fixed term tenancy agreement that ended sooner than anticipated because the tenants moved cities. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenants do not agree to the claims. In particular they do not agree they should have to pay rent until the new tenancy commenced.

How much is owed for rent?

The landlord said the last day of the tenancy was 10 October 2025, which I have confirmed was the day before the new tenancy commenced. The tenants paid rent to 11 September 2025 and also paid a break lease fee of $950 plus GST to the company which managed the end of tenancy process. Their understanding was that the break lease fee was all they had to pay, and that they were not told they would also have to pay rent until the new tenancy started.
I have read the messages and emails between the parties. I find the email dated 28 August 2025 makes it clear the landlord expected the tenants to pay some break lease costs as well as rent until the new tenancy started. I note that is the usual position when parties agree a fixed term tenancy will end early. I cannot find anything in the information I have been provided with which suggests that only the break lease fee had to be paid.
The law relating to the reasonable expenses that can be claimed has changed and the property manager acknowledged she had wrongly charged a flat fee for all the viewings instead of listing the reasonable costs after the fact. She did provide an itemised invoice to the tenants at the time, and they were happy to pay the fee and move on. I do not find it would be reasonable for me to reconsider the break lease fee now.
I find the tenancy ended on 10 October 2025 and the tenants owe rent to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

There is a claim for cleaning and gardening. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I have considered the photos provided both before and during the hearing. The tenants said their cleaners went three times to specifically address the issues raised by the landlord. The invoice for the additional cleaning dated 10 October 2025 sets out the work as:
I find that cleaning the blinds, cleaning to remove spots of mould after the house has been closed for a month, cleaning the shower trap, and cleaning the range hood between tenancies is maintenance. Maintenance is a landlord responsibility. The tenants do not have to pay for this work.
This leaves cleaning the dishwasher, wiping a wine rack, cleaning the corner of a ranch slider and vacuuming a mat as the additional cleaning claimed on the invoice. I estimate this would have taken about 30 minutes to complete. It seems most likely to me the house was left in a reasonable condition at the end of the tenancy because the tenants’ cleaners went three times and because of the small amount that still had to be done in October. The claim for cleaning is dismissed.
The landlord has not proved the claim for additional gardening either. The photos are not sufficient for me to decide the tenants should pay for gardening, lawns and edges. I am not willing to guess whether the lawns would have grown enough at that time of the year to warrant mowing before the new tenancy commenced. This claim is dismissed.

Are the tenants responsible for the damage?

At the hearing the tenants agreed to the claim for repairs because of damage by their cat. The claim for repairing the kitchen floorboards was discussed at length. The landlord is required to 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 tenants must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
The landlord’s photos taken at the start of the tenancy are not good enough for me to decide the damage happened during the tenancy. This claim is dismissed. Other orders
A request has been sent to the Bond Centre.
Because the landlord substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion to allow suppression. Both parties have been equally successful. It seems most likely to me the rent arrears were from a genuine misunderstanding, not helped by the messy handover between the owner and the new property manager. I find there is no public interest in the names. See section 95A RTA.

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 5394983 — net $513.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: cat scratches by consent	$345.00	Repairs: cat scratches by consent
Rent arrears to 10 October 2025	$4,060.00	Rent arrears to 10 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$513.00
Total payable by Tenant to Landlord	$513.00

Claims and awards for application 5394983 — net $513.00 NZD. Verify on MoJ.

Repairs: cat scratches by consent

Amount: $345.00
Awarded to: Landlord
Reason: Repairs: cat scratches by consent

Rent arrears to 10 October 2025

Amount: $4,060.00
Awarded to: Landlord
Reason: Rent arrears to 10 October 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $513.00

Total payable by Tenant to Landlord

Landlord $513.00

Dismissed claims

Cleaning
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The tenant/s] must pay [The landlord/s] $513.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All other claims are dismissed.

Reasons

Both parties attended the hearing.
The parties had a fixed term tenancy agreement that ended sooner than anticipated because the tenants moved cities. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenants do not agree to the claims. In particular they do not agree they should have to pay rent until the new tenancy commenced.

How much is owed for rent?

The landlord said the last day of the tenancy was 10 October 2025, which I have confirmed was the day before the new tenancy commenced. The tenants paid rent to 11 September 2025 and also paid a break lease fee of $950 plus GST to the company which managed the end of tenancy process. Their understanding was that the break lease fee was all they had to pay, and that they were not told they would also have to pay rent until the new tenancy started.
I have read the messages and emails between the parties. I find the email dated 28 August 2025 makes it clear the landlord expected the tenants to pay some break lease costs as well as rent until the new tenancy started. I note that is the usual position when parties agree a fixed term tenancy will end early. I cannot find anything in the information I have been provided with which suggests that only the break lease fee had to be paid.
The law relating to the reasonable expenses that can be claimed has changed and the property manager acknowledged she had wrongly charged a flat fee for all the viewings instead of listing the reasonable costs after the fact. She did provide an itemised invoice to the tenants at the time, and they were happy to pay the fee and move on. I do not find it would be reasonable for me to reconsider the break lease fee now.
I find the tenancy ended on 10 October 2025 and the tenants owe rent to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

There is a claim for cleaning and gardening. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I have considered the photos provided both before and during the hearing. The tenants said their cleaners went three times to specifically address the issues raised by the landlord. The invoice for the additional cleaning dated 10 October 2025 sets out the work as:
I find that cleaning the blinds, cleaning to remove spots of mould after the house has been closed for a month, cleaning the shower trap, and cleaning the range hood between tenancies is maintenance. Maintenance is a landlord responsibility. The tenants do not have to pay for this work.
This leaves cleaning the dishwasher, wiping a wine rack, cleaning the corner of a ranch slider and vacuuming a mat as the additional cleaning claimed on the invoice. I estimate this would have taken about 30 minutes to complete. It seems most likely to me the house was left in a reasonable condition at the end of the tenancy because the tenants’ cleaners went three times and because of the small amount that still had to be done in October. The claim for cleaning is dismissed.
The landlord has not proved the claim for additional gardening either. The photos are not sufficient for me to decide the tenants should pay for gardening, lawns and edges. I am not willing to guess whether the lawns would have grown enough at that time of the year to warrant mowing before the new tenancy commenced. This claim is dismissed.

Are the tenants responsible for the damage?

At the hearing the tenants agreed to the claim for repairs because of damage by their cat. The claim for repairing the kitchen floorboards was discussed at length. The landlord is required to 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 tenants must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
The landlord’s photos taken at the start of the tenancy are not good enough for me to decide the damage happened during the tenancy. This claim is dismissed. Other orders
A request has been sent to the Bond Centre.
Because the landlord substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion to allow suppression. Both parties have been equally successful. It seems most likely to me the rent arrears were from a genuine misunderstanding, not helped by the messy handover between the owner and the new property manager. I find there is no public interest in the names. See section 95A RTA.

Tenancy Tribunal case 5394983 — Rent arrears at 25B Brookfield Avenue, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5394983 — Rent arrears at 25B Brookfield Avenue, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions