What was Tenancy Tribunal case 5407348 about?

The tribunal order states: [The tenant/s] must pay NZPRO Property Management Limited As Agent

How much money was awarded in case 5407348?

Filing Fee: $28.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Pest Control: $517.50 awarded to landlord; Property Damage: $788.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $1,317.00 awarded to landlord; Rent Arrears: $165.71 awarded to landlord; Deck: $552.00 awarded to landlord; Replace furnishings: Curtains/rack/t…: $731.40 awarded to landlord; Replace Kitchen Bins: $92.00 awarded to landlord; Tenant Credit: $100.52 awarded to tenant

What type of tenancy dispute was case 5407348?

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

Where can I read the official tribunal order for case 5407348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13675271-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5407348 about?

The tribunal order states: [The tenant/s] must pay NZPRO Property Management Limited As Agent

How much money was awarded in case 5407348?

Filing Fee: $28.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Pest Control: $517.50 awarded to landlord; Property Damage: $788.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $1,317.00 awarded to landlord; Rent Arrears: $165.71 awarded to landlord; Deck: $552.00 awarded to landlord; Replace furnishings: Curtains/rack/t…: $731.40 awarded to landlord; Replace Kitchen Bins: $92.00 awarded to landlord; Tenant Credit: $100.52 awarded to tenant

What type of tenancy dispute was case 5407348?

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

Where can I read the official tribunal order for case 5407348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13675271-Tenancy_Tribunal_Order.pdf.

85E Luke Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5407348 — Property damage

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85E Luke Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5407348 — Property damage | 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 5407348 — net $1,924.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$165.71		Rent arrears
Pest control: Cockroaches and fleas	$517.50		Pest control: Cockroaches and fleas
Lock/key replacement: Remotes	$138.00		Lock/key replacement: Remotes
Replace furnishings: Curtains/rack/ties	$731.40		Replace furnishings: Curtains/rack/ties
Repairs: Deck	$552.00		Repairs: Deck
Bedroom 1. Carpet replacement and wall repair	$788.00		Bedroom 1. Carpet replacement and wall repair
Bedroom 2. Repair door frame, replace missing latch install curtain rod	$575.00		Bedroom 2. Repair door frame, replace missing latch install curtain rod
Bedroom 3. Carpet replacement and wall repairs	$1,317.00		Bedroom 3. Carpet replacement and wall repairs
Replace kitchen bins	$92.00		Replace kitchen bins
Filing fee reimbursement	$28.00		Filing fee reimbursement
Tenant credit		$100.52	Tenant credit
Total award	$4,904.61	$100.52
Net award	$1,924.09
Total payable by Tenant to Landlord	$1,924.09

Claims and awards for application 5407348 — net $1,924.09 NZD. Verify on MoJ.

Rent arrears

Amount: $165.71
Awarded to: Landlord
Reason: Rent arrears

Pest control: Cockroaches and fleas

Amount: $517.50
Awarded to: Landlord
Reason: Pest control: Cockroaches and fleas

Lock/key replacement: Remotes

Amount: $138.00
Awarded to: Landlord
Reason: Lock/key replacement: Remotes

Replace furnishings: Curtains/rack/ties

Amount: $731.40
Awarded to: Landlord
Reason: Replace furnishings: Curtains/rack/ties

Repairs: Deck

Amount: $552.00
Awarded to: Landlord
Reason: Repairs: Deck

Claim types — money lines allowed on this order

Filing Fee Property damage Pest Control Rent arrears

Order

[The tenant/s] must pay NZPRO Property Management Limited As Agent For Mj Cosy Home Limited $1,924.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (6539103-009) to NZPRO Property Management Limited As Agent For Mj Cosy Home Limited immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
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 ended on 30 November 2025 after tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.
A tenant credit of $100.52 was noted and it is applied against the debt in this order.

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 free from pests. A significant cockroach and flea infestation was found at the end of the tenancy. Photos provided support the invoice treatment and cleaning costs of $517.50.
The tenant did not return the two gate remotes as provided. These were replaced at a cost of $138.00.
The two kitchen bins were missing at the end of the tenancy and had to be replaced at a cost of $92.00.
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. The excess recorded in the tenancy agreement was $650.00 and that has been adopted in this order as appropriate.
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. All claims were supported by entry and exit photos: Replace furnishings: Curtains/rack/ties
The lounge curtain was stained beyond cleaning and replaced. A curtain rod was removed from bedroom 2. A net curtain was damaged and required replacement. These claims are proven and awarded in full. Repairs: Deck
The wooden external deck and entrance steps had paint on them as well as drawings and painting. It required repair and re-staining at the invoiced cost as awarded. Bedroom 1. Carpet replacement and wall repair
Photos confirmed the carpet was badly stained and required replacement. The walls had some damage from fixtures once removed. The claim and costs are accepted but the carpet is compensated at the insurance excess level. Bedroom 2. Repair door frame, replace missing latch, install curtain rod
The door frame was damaged by what appears a forced entry. One piece of the frame and the lock plate required replacement. The replacement curtain rod labour cost, as well as the cost of replacing a window latch, are awarded per the invoiced costs. Bedroom 3. Carpet replacement and wall repair
Photos confirmed the carpet was badly stained and required replacement. The walls had several areas of damage. One small hole in the plasterboard required repair and large wall drawing had to be removed and repainted. This bedroom was in the worst condition of the three.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The claims for the wardrobe door repairs in bedrooms 2 and 3 are dismissed as unproven. While invoiced, no photos show any damage that support the claimed tasks.
The two carpet replacement costs of $747.50 ($650 ex GST) are reduced to the lower excess liability of $650.00 each.
The premises was new at commencement. I have not applied any depreciation. Filing fee
Because NZPRO Property Management Limited As Agent For Mj Cosy Home Limited has substantially succeeded with the claim I have reimbursed 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 5407348 — net $1,924.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$165.71		Rent arrears
Pest control: Cockroaches and fleas	$517.50		Pest control: Cockroaches and fleas
Lock/key replacement: Remotes	$138.00		Lock/key replacement: Remotes
Replace furnishings: Curtains/rack/ties	$731.40		Replace furnishings: Curtains/rack/ties
Repairs: Deck	$552.00		Repairs: Deck
Bedroom 1. Carpet replacement and wall repair	$788.00		Bedroom 1. Carpet replacement and wall repair
Bedroom 2. Repair door frame, replace missing latch install curtain rod	$575.00		Bedroom 2. Repair door frame, replace missing latch install curtain rod
Bedroom 3. Carpet replacement and wall repairs	$1,317.00		Bedroom 3. Carpet replacement and wall repairs
Replace kitchen bins	$92.00		Replace kitchen bins
Filing fee reimbursement	$28.00		Filing fee reimbursement
Tenant credit		$100.52	Tenant credit
Total award	$4,904.61	$100.52
Net award	$1,924.09
Total payable by Tenant to Landlord	$1,924.09

Claims and awards for application 5407348 — net $1,924.09 NZD. Verify on MoJ.

Rent arrears

Amount: $165.71
Awarded to: Landlord
Reason: Rent arrears

Pest control: Cockroaches and fleas

Amount: $517.50
Awarded to: Landlord
Reason: Pest control: Cockroaches and fleas

Lock/key replacement: Remotes

Amount: $138.00
Awarded to: Landlord
Reason: Lock/key replacement: Remotes

Replace furnishings: Curtains/rack/ties

Amount: $731.40
Awarded to: Landlord
Reason: Replace furnishings: Curtains/rack/ties

Repairs: Deck

Amount: $552.00
Awarded to: Landlord
Reason: Repairs: Deck

Claim types — money lines allowed on this order

Filing Fee Property damage Pest Control Rent arrears

Order

[The tenant/s] must pay NZPRO Property Management Limited As Agent For Mj Cosy Home Limited $1,924.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (6539103-009) to NZPRO Property Management Limited As Agent For Mj Cosy Home Limited immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
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 ended on 30 November 2025 after tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.
A tenant credit of $100.52 was noted and it is applied against the debt in this order.

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 free from pests. A significant cockroach and flea infestation was found at the end of the tenancy. Photos provided support the invoice treatment and cleaning costs of $517.50.
The tenant did not return the two gate remotes as provided. These were replaced at a cost of $138.00.
The two kitchen bins were missing at the end of the tenancy and had to be replaced at a cost of $92.00.
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. The excess recorded in the tenancy agreement was $650.00 and that has been adopted in this order as appropriate.
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. All claims were supported by entry and exit photos: Replace furnishings: Curtains/rack/ties
The lounge curtain was stained beyond cleaning and replaced. A curtain rod was removed from bedroom 2. A net curtain was damaged and required replacement. These claims are proven and awarded in full. Repairs: Deck
The wooden external deck and entrance steps had paint on them as well as drawings and painting. It required repair and re-staining at the invoiced cost as awarded. Bedroom 1. Carpet replacement and wall repair
Photos confirmed the carpet was badly stained and required replacement. The walls had some damage from fixtures once removed. The claim and costs are accepted but the carpet is compensated at the insurance excess level. Bedroom 2. Repair door frame, replace missing latch, install curtain rod
The door frame was damaged by what appears a forced entry. One piece of the frame and the lock plate required replacement. The replacement curtain rod labour cost, as well as the cost of replacing a window latch, are awarded per the invoiced costs. Bedroom 3. Carpet replacement and wall repair
Photos confirmed the carpet was badly stained and required replacement. The walls had several areas of damage. One small hole in the plasterboard required repair and large wall drawing had to be removed and repainted. This bedroom was in the worst condition of the three.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The claims for the wardrobe door repairs in bedrooms 2 and 3 are dismissed as unproven. While invoiced, no photos show any damage that support the claimed tasks.
The two carpet replacement costs of $747.50 ($650 ex GST) are reduced to the lower excess liability of $650.00 each.
The premises was new at commencement. I have not applied any depreciation. Filing fee
Because NZPRO Property Management Limited As Agent For Mj Cosy Home Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5407348 — Property damage at 85E Luke Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5407348 — Property damage at 85E Luke Street, Otahuhu, Auckland 1062

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

Property management

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

Property management

Frequently asked questions