What was Tenancy Tribunal case 5414172 about?

The tribunal order states: [The tenant/s] must pay Shelter Realty Limited $8,214.00 immediately,

How much money was awarded in case 5414172?

Cleaning: $360.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $218.50 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $10,285.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord

What type of tenancy dispute was case 5414172?

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

Where can I read the official tribunal order for case 5414172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13457399-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5414172 about?

The tribunal order states: [The tenant/s] must pay Shelter Realty Limited $8,214.00 immediately,

How much money was awarded in case 5414172?

Cleaning: $360.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $218.50 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $10,285.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord

What type of tenancy dispute was case 5414172?

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

Where can I read the official tribunal order for case 5414172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13457399-Tribunal_Order.pdf.

6 Montego Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5414172 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5414172 — net $8,214.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2026	$10,285.00	Rent arrears to 5 February 2026
Cleaning	$414.00	Cleaning
Carpet Cleaning	$360.00	Carpet Cleaning
Lawns and Garden work	$218.50	Lawns and Garden work
Rubbish removal	$437.00	Rubbish removal
Window repairs	$333.50	Window repairs
Lock/key replacement	$138.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,214.00
Total payable by Tenant to Landlord	$8,214.00

Mr Johnny for the landlord attended today’s hearing. The tenant did not attend.

On the 3 February 2026 I adjourned the landlord’s claims and allowed the landlord to amend their claims, as the tenants had now left the property and the landlord was now seeking compensation for cleaning, repairs, rubbish removal, lawnmowing and lock replacement as well as rent to the end of the fixed term.

The tenants had previously asked the landlord to be released from the fixed term. The landlord said that if they were to be released that they would need to pay a release fee and would remain liable for rent until new tenants were found. The tenants did not agree to the landlord’s proposals.

The tenants came to the property manger’s offices on the 8 January and left keys to the house at the office door. The following day the landlord went to the property and found it vacant.

He conducted an inspection and uploaded the full inspection report showing the condition of the property on the 9 January 2026.

How much is owed for rent?

Tenants cannot leave a fixed term tenancy early unless the landlord agrees, or the Tribunal has ordered that their tenancy can be reduced. The landlord says that once the landlord became aware that the tenants had vacated, he tried to contact them, but heard nothing further. He tried to advertise the property, but he could not get new tenants before the end of the fixed term on the 5 February 2026. I am satisfied that the tenants remained liable for rent until the 5 February 2026 and award the rent owing to that date.

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. There were dog faeces and staining on the carpet. Mr Johnny who completed the inspection gave evidence today that he noted on the right-hand side of the inspection report the condition of the property. The floors and walls in many of the six-bedroom home are noted as needing cleaning. It is clear that the tenants did some cleaning of the property before they left, but the inspection report shows that further cleaning was needed to bring it up to a reasonable standard. Mr Johnny tells me that the owner then did a further deep clean of the property which he is not asking the tenant to pay for before renting it out again.

The tenants removed most of their belongings and rubbish but left a table in the carport and large items on the verge outside the property which the landlord had to remove.

The tenant was responsible for lawns and gardens. In the inspection report the lawn is overgrown and grass and weeds are infiltrating the concrete tiled surfaces.

Whilst the tenant did return some keys, two locks were damaged, and one key was not returned. The landlord had to change the broken locks.

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.

The top glass panel in the laundry door was broken. I am satisfied that it broke during the tenancy as it is not broken in the ingoing report. It is more than fair wear and tear and the tenant is liable for this damage.

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.

As the landlord has been successful in its claim, I award the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 5414172 — net $8,214.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2026	$10,285.00	Rent arrears to 5 February 2026
Cleaning	$414.00	Cleaning
Carpet Cleaning	$360.00	Carpet Cleaning
Lawns and Garden work	$218.50	Lawns and Garden work
Rubbish removal	$437.00	Rubbish removal
Window repairs	$333.50	Window repairs
Lock/key replacement	$138.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,214.00
Total payable by Tenant to Landlord	$8,214.00

Order

[The tenant/s] must pay Shelter Realty Limited $8,214.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,000.00 (BN-00046444) to Shelter Realty Limited immediately.

Reasons

Mr Johnny for the landlord attended today’s hearing. The tenant did not attend.
On the 3 February 2026 I adjourned the landlord’s claims and allowed the landlord to amend their claims, as the tenants had now left the property and the landlord was now seeking compensation for cleaning, repairs, rubbish removal, lawnmowing and lock replacement as well as rent to the end of the fixed term.
The tenants had previously asked the landlord to be released from the fixed term. The landlord said that if they were to be released that they would need to pay a release fee and would remain liable for rent until new tenants were found. The tenants did not agree to the landlord’s proposals.
The tenants came to the property manger’s offices on the 8 January and left keys to the house at the office door. The following day the landlord went to the property and found it vacant.
He conducted an inspection and uploaded the full inspection report showing the condition of the property on the 9 January 2026.

How much is owed for rent?

Tenants cannot leave a fixed term tenancy early unless the landlord agrees, or the Tribunal has ordered that their tenancy can be reduced. The landlord says that once the landlord became aware that the tenants had vacated, he tried to contact them, but heard nothing further. He tried to advertise the property, but he could not get new tenants before the end of the fixed term on the 5 February 2026. I am satisfied that the tenants remained liable for rent until the 5 February 2026 and award the rent owing to that date.

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. There were dog faeces and staining on the carpet. Mr Johnny who completed the inspection gave evidence today that he noted on the right-hand side of the inspection report the condition of the property. The floors and walls in many of the six-bedroom home are noted as needing cleaning. It is clear that the tenants did some cleaning of the property before they left, but the inspection report shows that further cleaning was needed to bring it up to a reasonable standard. Mr Johnny tells me that the owner then did a further deep clean of the property which he is not asking the tenant to pay for before renting it out again.
The tenants removed most of their belongings and rubbish but left a table in the carport and large items on the verge outside the property which the landlord had to remove.
The tenant was responsible for lawns and gardens. In the inspection report the lawn is overgrown and grass and weeds are infiltrating the concrete tiled surfaces.
Whilst the tenant did return some keys, two locks were damaged, and one key was not returned. The landlord had to change the broken locks.
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.
The top glass panel in the laundry door was broken. I am satisfied that it broke during the tenancy as it is not broken in the ingoing report. It is more than fair wear and tear and the tenant is liable for this damage.
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.
As the landlord has been successful in its claim, I award the landlord the filing fee.

Tenancy Tribunal case 5414172 — Rent arrears at 6 Montego Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5414172 — Rent arrears at 6 Montego Place, Weymouth, Auckland 2103

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