What was the outcome of Tenancy Tribunal case 5398150?

The tribunal order states: Tessa Rawinia Pare Boyed-Hemopo and Barry James Phillips must pay Urban

How much money was awarded in case 5398150?

Cleaning: $800.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Property Damage: $4,600.00 awarded to landlord; Rubbish Removal: $630.00 awarded to landlord; Water Rates: $16.32 awarded to landlord

What type of tenancy dispute was case 5398150?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5398150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13331659-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5398150?

The tribunal order states: Tessa Rawinia Pare Boyed-Hemopo and Barry James Phillips must pay Urban

How much money was awarded in case 5398150?

Cleaning: $800.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Property Damage: $4,600.00 awarded to landlord; Rubbish Removal: $630.00 awarded to landlord; Water Rates: $16.32 awarded to landlord

What type of tenancy dispute was case 5398150?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5398150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13331659-Tenancy_Tribunal_Order.pdf.

72 Kelman Road, Kelston, Auckland 0602 Tenancy Tribunal Case 5398150 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5398150 — net $6,748.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$800.00	Cleaning
Rubbish removal	$630.00	Rubbish removal
Lawns and Garden work	$260.00	Lawns and Garden work
Lock/key replacement	$230.00	Lock/key replacement
Water rates	$16.32	Water rates
Window repairs	$184.00	Window repairs
Insurance excess (4	$4,600.00	Insurance excess (4
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,748.32
Total payable by Tenant to Landlord	$6,748.32

The landlord attended the hearing held on 23 March 2026. The tenant did not attend the hearing.

The Tribunal made an order 1 on 13 November 2025 terminating the tenancy on 21 November 2025. The landlord was awarded rent arrears to 21 November 2025 and water rates to 4 November 2025. The bond was released to the landlord.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

The landlord had claimed for rent arrears to 25 November 2025 but at the hearing that claim was withdrawn. I note that there was no evidence that the tenants did not vacate the premises in accordance with the termination order.

How much is owed for water rates?

The landlord provided a water rates invoice to the end of the tenancy. That amount is awarded.

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.

The tenant did not return the keys.

The insurance company had contributed to the cleaning cost leaving a balance owing of $800.00 which is awarded.

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. 1 TT5358592

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: damaged doors (3), damaged wall in garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed insurance for the damage and received a cash payout. The insurance excess of $1,150.00 is awarded for the four excess claims supported by evidence.

The landlord claimed for damage to an exterior wall, but no evidence was produced to support that. The landlord produced a document which listed the ten claims for damage but five of them are categorised as accidental damage by the tenant with no recovery potential. These relate to damage to the carpet and damage to the fence. No evidence was produced to support the claim that the tenant damaged the carpet or the fence. Those claims are dismissed.

The landlord claimed for the cost of re-connecting the power. There was insufficient evidence that this was a cost that the tenant is responsible for.

Because Urban Property Services Limited As Agent For Infinity Communities Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5398150 — net $6,748.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$800.00	Cleaning
Rubbish removal	$630.00	Rubbish removal
Lawns and Garden work	$260.00	Lawns and Garden work
Lock/key replacement	$230.00	Lock/key replacement
Water rates	$16.32	Water rates
Window repairs	$184.00	Window repairs
Insurance excess (4	$4,600.00	Insurance excess (4
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,748.32
Total payable by Tenant to Landlord	$6,748.32

Order

Tessa Rawinia Pare Boyed-Hemopo and Barry James Phillips must pay Urban Property Services Limited As Agent For Infinity Communities Ltd $6,748.32 immediately, calculated as shown in table below.

All remaining claims are dismissed.

Reasons

The landlord attended the hearing held on 23 March 2026. The tenant did not attend the hearing.
The Tribunal made an order 1 on 13 November 2025 terminating the tenancy on 21 November 2025. The landlord was awarded rent arrears to 21 November 2025 and water rates to 4 November 2025. The bond was released to the landlord.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord had claimed for rent arrears to 25 November 2025 but at the hearing that claim was withdrawn. I note that there was no evidence that the tenants did not vacate the premises in accordance with the termination order.

How much is owed for water rates?

The landlord provided a water rates invoice to the end of the tenancy. That amount is awarded.

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.
The tenant did not return the keys.
The insurance company had contributed to the cleaning cost leaving a balance owing of $800.00 which is awarded.

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. 1 TT5358592
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: damaged doors (3), damaged wall in garage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed insurance for the damage and received a cash payout. The insurance excess of $1,150.00 is awarded for the four excess claims supported by evidence.
The landlord claimed for damage to an exterior wall, but no evidence was produced to support that. The landlord produced a document which listed the ten claims for damage but five of them are categorised as accidental damage by the tenant with no recovery potential. These relate to damage to the carpet and damage to the fence. No evidence was produced to support the claim that the tenant damaged the carpet or the fence. Those claims are dismissed.
The landlord claimed for the cost of re-connecting the power. There was insufficient evidence that this was a cost that the tenant is responsible for.
Because Urban Property Services Limited As Agent For Infinity Communities Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5398150 — Property damage at 72 Kelman Road, Kelston, Auckland 0602

At a glance

Tenancy Tribunal case 5398150 — Property damage at 72 Kelman Road, Kelston, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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