Tenantcheck Insights · Case study
Tenancy Tribunal case 5418718 — Rent arrears at 23A Seymour Avenue, Papatoetoe, Auckland 2025
Decided 4 March 2026 · Published 4 March 2026 · Application 5418718
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
A Macpherson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,468.72
- Bond payment as ordered
- −$3,600.00
- Total balance for Tenant to pay Landlord
- $5,868.72
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 30 January 2026 | $7,392.86 | Rent arrears to 30 January 2026 | |
| Water rates | $347.01 | Water rates | |
| Cleaning, rubbish, mowing | $391.00 | Cleaning, rubbish, mowing | |
| Break fee (fixed term | $964.85 | Break fee (fixed term | |
| Repairs: walls | $345.00 | Repairs: walls | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $5,868.72 | ||
| Total payable by Tenant to Landlord | $5,868.72 |
Claims and awards for application 5418718 — net $5,868.72 NZD. Verify on MoJ.
Rent arrears to 30 January 2026
- Amount
- $7,392.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 30 January 2026
Water rates
- Amount
- $347.01
- Awarded to
- Landlord
- Reason
- Water rates
Cleaning, rubbish, mowing
- Amount
- $391.00
- Awarded to
- Landlord
- Reason
- Cleaning, rubbish, mowing
Break fee (fixed term
- Amount
- $964.85
- Awarded to
- Landlord
- Reason
- Break fee (fixed term
Repairs: walls
- Amount
- $345.00
- Awarded to
- Landlord
- Reason
- Repairs: walls
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $5,868.72
Total payable by Tenant to Landlord
Landlord $5,868.72
Claim types — money lines allowed on this order
Order
- Asha-Un Nisha and Vincent Smith must pay Max Rentals NZ Limited As Agent For Gurpreet Singh $5,868.72 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,600.00 (BN-00110597) to Max Rentals NZ Limited As Agent For Gurpreet Singh immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend.
- The absence of a party does not prevent the matter from being heard and determined.
- The landlord has applied for rent arrears, water rates, break fee, 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?
- This was a fixed term tenancy which commenced on 9 June 2025 and was due to run until 6 June 2027.
- The landlord agreed to end the fixed term tenancy early on 30 January 2026.
- The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I also award the break fee of $964.85 as claimed.
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 in a few areas, some rubbish was left behind, and a small patch of grass needed to be mown.
- 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.
- 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.
- The following damage was caused during the tenancy: damage to walls in the lounge, 2 bedrooms, staircase and upstairs lobby. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- As Max Rentals NZ Limited As Agent For Gurpreet Singh has wholly succeeded with the claim, the tenant must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5418718?
The tribunal order states: Asha-Un Nisha and Vincent Smith must pay Max Rentals NZ Limited As Agent
How much money was awarded in case 5418718?
Break Fee (Fixed Term: $964.85 awarded to landlord; Cleaning: $391.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,392.86 awarded to landlord; Walls: $345.00 awarded to landlord; Water Rates: $347.01 awarded to landlord
What type of tenancy dispute was case 5418718?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5418718?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224720-Tenancy_Tribunal_Order.pdf.