Published tribunal order
Tenancy Tribunal case 5418724 — Rent arrears at 15D Sarona Avenue, Glen Eden, Auckland 0602
Decided 14 Aug 2026 · Published 14 Aug 2026 · Application 5418724
- Rent arrears
- Property damage
Order
[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,738.61 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing on 11 August 2026.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- There is substantial rent arrears which the landlord has sought, amongst other vacated costs. The tenant has abandoned the fixed term tenancy.
- At the hearing on 11 May 2026, I disbursed the bond of $2,600 to landlord.
- The rent arrears calculated to 26 August 2025, the date that the tenant handed back possession of the premises, are $2,878.57.
- The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
- I also award the landlord reasonable costs to advertise and relet the premises after the tenant prematurely ended the fixed term tenancy.
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 lawns mowed and tidy at the end of the tenancy.
- The tenant did not return one of the keys.
- 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.
- 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 kitchen caught fire while the tenants’ occupant was cooking. I do not accept the landlord’s assertion that the fire was intentionally or carelessly caused. The fire was apparently due to build up of oil in the rangehood while cooking. Having heard from the tenant, I am satisfied that the cause of the fire was neither intentional nor careless.
- I do not consider the conclusion of the NZ fire services report as indicative of arson or negligence as contended by landlord.
- The tenant has disproved liability for the damage.
- The landlord’s claim for reimbursement of insurance excess fails.
- Only the amounts ordered are proved.