What was Tenancy Tribunal case 5403232 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 5403232?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $123.00 awarded to landlord; Property Damage: $529.00 awarded to landlord; Rent Arrears: $8,208.57 awarded to landlord; Replace furnishings: Carpet minus 10…: $672.75 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord; Tyre Removal: $172.50 awarded to landlord; Water Rates: $196.23 awarded to landlord

What type of tenancy dispute was case 5403232?

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

Where can I read the official tribunal order for case 5403232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13372501-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5403232 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 5403232?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $123.00 awarded to landlord; Property Damage: $529.00 awarded to landlord; Rent Arrears: $8,208.57 awarded to landlord; Replace furnishings: Carpet minus 10…: $672.75 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord; Tyre Removal: $172.50 awarded to landlord; Water Rates: $196.23 awarded to landlord

What type of tenancy dispute was case 5403232?

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

Where can I read the official tribunal order for case 5403232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13372501-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 4, 21 Hazards Road, Weymouth, Auckland Tenancy Tribunal Case 5403232 — Rent arrears

Claims and awards in Tenancy Tribunal application 5403232 — net $8,130.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 November 2025	$8,208.57	Rent arrears to 2 November 2025
Water rates	$196.23	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$517.50	Cleaning
Repairs	$529.00	Repairs
Tyre removal	$172.50	Tyre removal
Rubbish removal	$402.50	Rubbish removal
Replace furnishings: Carpet minus 10% depreciation	$672.75	Replace furnishings: Carpet minus 10% depreciation
Lock/key replacement: Door card and keys	$123.00	Lock/key replacement: Door card and keys
Net award	$8,130.05
Total payable by Tenant to Landlord	$8,130.05

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rojean Medilla must pay [The landlord/s] $8,130.05 immediately being rent arrears to 2 November 2025, cleaning, compensation and filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears to 2 November 2025$8,208.57 Water rates$196.23 Filing fee reimbursement$28.00 Cleaning$517.50 Repairs$529.00 Tyre removal$172.50 Rubbish removal$402.50 Replace furnishings: Carpet minus 10% depreciation$672.75 Lock/key replacement: Door card and keys$123.00 Total award$10,850.05 Minus Bond-$2,720.00 Total payable by Tenant to Landlord$8,130.05
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The landlord advised that they have had no contact with the tenant for some time and were not expecting him to appear. The notice of hearing was served on the tenant, and they have not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
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 and water rates?

The tenancy ended on 2 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears are $8208.57, and the water bills are $196.23.
I am satisfied that the landlord has proven their claim for the rent arrears and water bills.

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 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided a pre let inspection report and photos and an exit inspection report and photos. The photos show that the tenant left rubbish, 4 tyres and discarded furniture and possession in and around the house. The house was not reasonably clean and tidy. The carpets were heavily stained.
The tenant did not return the keys and the door card. The cost of the keys to be recut were $77.00 and replacement door card was $46.00.
The landlord provided the Tribunal with invoices for the cost of the cleaning, rubbish, and tyre removal. The tyre removal costs were $172.50, and the rest of the rubbish was $402.50. The cleaning costs were $517.50.
I am satisfied that the landlord has proven their claims for cleaning, rubbish and tyre removal and locksmith costs.
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: -Carpet in bedroom one was so damaged and stained it had to be replaced. -Wall and paint damage in hallway and stairwell. -Wall damage in bedroom 1. -Missing front panel on bedroom 1 wardrobe
The landlord provided the pre let and exit inspection reports and photos which show the damage has occurred during the tenancy. In addition to the reports the landlord provided detailed invoices for the cost of the repairs and carpet replacement costs. The carpet in bedroom 1 was so damaged despite being cleaned on several occasions, that it had to be replaced. The carpet was only 1 year old at the end of the tenancy. I have deducted 10% from the amount sought for the replacement costs of the carpets.
The wall in the stairwell and bedroom 1 showed damage to the paintwork that required replastering and repainting. The front of the cupboard in the wardrobe had been removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the carpet replacement and repairs.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
The landlord has sought suppression of their name and details and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5403232 — net $8,130.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 November 2025	$8,208.57	Rent arrears to 2 November 2025
Water rates	$196.23	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$517.50	Cleaning
Repairs	$529.00	Repairs
Tyre removal	$172.50	Tyre removal
Rubbish removal	$402.50	Rubbish removal
Replace furnishings: Carpet minus 10% depreciation	$672.75	Replace furnishings: Carpet minus 10% depreciation
Lock/key replacement: Door card and keys	$123.00	Lock/key replacement: Door card and keys
Net award	$8,130.05
Total payable by Tenant to Landlord	$8,130.05

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rojean Medilla must pay [The landlord/s] $8,130.05 immediately being rent arrears to 2 November 2025, cleaning, compensation and filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears to 2 November 2025$8,208.57 Water rates$196.23 Filing fee reimbursement$28.00 Cleaning$517.50 Repairs$529.00 Tyre removal$172.50 Rubbish removal$402.50 Replace furnishings: Carpet minus 10% depreciation$672.75 Lock/key replacement: Door card and keys$123.00 Total award$10,850.05 Minus Bond-$2,720.00 Total payable by Tenant to Landlord$8,130.05
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The landlord advised that they have had no contact with the tenant for some time and were not expecting him to appear. The notice of hearing was served on the tenant, and they have not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
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 and water rates?

The tenancy ended on 2 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears are $8208.57, and the water bills are $196.23.
I am satisfied that the landlord has proven their claim for the rent arrears and water bills.

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 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided a pre let inspection report and photos and an exit inspection report and photos. The photos show that the tenant left rubbish, 4 tyres and discarded furniture and possession in and around the house. The house was not reasonably clean and tidy. The carpets were heavily stained.
The tenant did not return the keys and the door card. The cost of the keys to be recut were $77.00 and replacement door card was $46.00.
The landlord provided the Tribunal with invoices for the cost of the cleaning, rubbish, and tyre removal. The tyre removal costs were $172.50, and the rest of the rubbish was $402.50. The cleaning costs were $517.50.
I am satisfied that the landlord has proven their claims for cleaning, rubbish and tyre removal and locksmith costs.
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: -Carpet in bedroom one was so damaged and stained it had to be replaced. -Wall and paint damage in hallway and stairwell. -Wall damage in bedroom 1. -Missing front panel on bedroom 1 wardrobe
The landlord provided the pre let and exit inspection reports and photos which show the damage has occurred during the tenancy. In addition to the reports the landlord provided detailed invoices for the cost of the repairs and carpet replacement costs. The carpet in bedroom 1 was so damaged despite being cleaned on several occasions, that it had to be replaced. The carpet was only 1 year old at the end of the tenancy. I have deducted 10% from the amount sought for the replacement costs of the carpets.
The wall in the stairwell and bedroom 1 showed damage to the paintwork that required replastering and repainting. The front of the cupboard in the wardrobe had been removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the carpet replacement and repairs.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
The landlord has sought suppression of their name and details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5403232 — Rent arrears at Unit/Flat Unit 4, 21 Hazards Road, Weymouth, Auckland

At a glance

Tenancy Tribunal case 5403232 — Rent arrears at Unit/Flat Unit 4, 21 Hazards Road, Weymouth, Auckland

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

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

Frequently asked questions