What was Tenancy Tribunal case 5418249 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 5418249?

Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Property Damage: $569.25 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Rates: $375.05 awarded to landlord

What type of tenancy dispute was case 5418249?

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

Where can I read the official tribunal order for case 5418249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13455137-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5418249 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 5418249?

Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Property Damage: $569.25 awarded to landlord; Property Damage: $34.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord; Water Rates: $375.05 awarded to landlord

What type of tenancy dispute was case 5418249?

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

Where can I read the official tribunal order for case 5418249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13455137-Tribunal_Order_Redacted.pdf.

28 Fairdale Avenue, Red Hill, Papakura 2110 Tenancy Tribunal Case 5418249 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5418249 — net $2,366.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (amount remaining after bond payment	$670.00	Rent arrears (amount remaining after bond payment
Water rates	$375.05	Water rates
Rubbish removal	$460.00	Rubbish removal
Cleaning	$230.00	Cleaning
Repairs: Internal wall repair	$34.50	Repairs: Internal wall repair
Repairs: Exterior weatherboard repair	$569.25	Repairs: Exterior weatherboard repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,366.80
Total payable by Tenant to Landlord	$2,366.80

The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the tenant’s absence.

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

How much is owed for rent and water charges?

The tenancy ended on 5 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The landlord also provided a copy of an earlier mediated order confirming the release of the bond towards the rent arrears.

Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for the outstanding rent and water debt.

The claim is established.

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 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided photographic evidence confirming the condition of the premises at the end of the tenancy.

There was significant rubbish and personal belongings left behind in the garage at the end of the tenancy. The landlord also provided invoices from Y and H Construction Limited dated 14 December 2025 and Top Kiwi Wash dated 9 December 2025 in support of the amounts claimed.

Having considered the evidence provided I am satisfied that the tenant breached her obligations by not leaving the premises reasonably clean and tidy and not removing all rubbish.

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: damage to exterior weatherboard and minor damage to inside wallpaper. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claims that the tenant damaged an exterior weatherboard of the house. The tenant emailed the landlord stating that her son threw a rock which damaged the weatherboard. The landlord also claims that the tenant has caused minor damage to interior wallpaper.

The landlord provided photographic evidence of the damage along with invoices from Y and H Construction Limited dated 14 December 2025 confirming the amounts claimed.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5418249 — net $2,366.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (amount remaining after bond payment	$670.00	Rent arrears (amount remaining after bond payment
Water rates	$375.05	Water rates
Rubbish removal	$460.00	Rubbish removal
Cleaning	$230.00	Cleaning
Repairs: Internal wall repair	$34.50	Repairs: Internal wall repair
Repairs: Exterior weatherboard repair	$569.25	Repairs: Exterior weatherboard repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,366.80
Total payable by Tenant to Landlord	$2,366.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Charmaine Matiu must pay [The landlord/s] $2,366.80 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the tenant’s absence.
The landlord has applied for rent and water arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water charges?

The tenancy ended on 5 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The landlord also provided a copy of an earlier mediated order confirming the release of the bond towards the rent arrears.
Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for the outstanding rent and water debt.
The claim is established.

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 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographic evidence confirming the condition of the premises at the end of the tenancy.
There was significant rubbish and personal belongings left behind in the garage at the end of the tenancy. The landlord also provided invoices from Y and H Construction Limited dated 14 December 2025 and Top Kiwi Wash dated 9 December 2025 in support of the amounts claimed.
Having considered the evidence provided I am satisfied that the tenant breached her obligations by not leaving the premises reasonably clean and tidy and not removing all rubbish.
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: damage to exterior weatherboard and minor damage to inside wallpaper. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claims that the tenant damaged an exterior weatherboard of the house. The tenant emailed the landlord stating that her son threw a rock which damaged the weatherboard. The landlord also claims that the tenant has caused minor damage to interior wallpaper.
The landlord provided photographic evidence of the damage along with invoices from Y and H Construction Limited dated 14 December 2025 confirming the amounts claimed.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5418249 — Rent arrears at 28 Fairdale Avenue, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 5418249 — Rent arrears at 28 Fairdale Avenue, Red Hill, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water charges?

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 charges?

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