Tenantcheck Insights · Case study
Tenancy Tribunal case 5419728 — Rent arrears at 42 Murdoch Crescent, Raumanga, Whangarei 0110
Published 8 June 2026 · Application 5419728
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Whangarei
Tribunal region
Adjudicator
N Blake
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,838.77
- Bond payment as ordered
- −$1,320.00
- Total balance for Tenant to pay Landlord
- $2,518.77
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 31 October 2025 | $1,135.71 | 2025. The application seeks rent arrears, water rates arrears, vacated cleaning, garden tidy up, and repair costs. | |
| Water rates to 31 October 2025 | $1,028.31 | 6. There are water rates arrears of $1,028.31 to the end of the tenancy comprised of: Balance outstanding on WDC invoice for period ending 7 April 2025: $337.9… | |
| Lawns and Garden work | $180.00 | Lawns and Garden work | |
| Cleaning | $150.00 | The claim for 3 hours of cleaning to bring the premises to a reasonably clean and tidy standard is fair. | |
| Repairs: Replace alarm panel | $195.50 | The claim for replacement of the alarm panel is proven. The panel was present during the tenancy and missing at the end. | |
| Repairs: Walls and doors | $914.25 | 16. The end of tenancy photographs show several instances of damage to walls and doors including gouges, holes, and torn wallpaper. | |
| Removal of overgrowth from driveway | $207.00 | 21. Having regard to those factors, and to the Tribunal’s mandate to determine disputes according to the substantial merits and justice of the case, 3 I will a… | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,518.77 | ||
| Total payable by Tenant to Landlord | $2,518.77 |
Claims and awards for application 5419728 — net $2,518.77 NZD. Verify on MoJ.
Rent arrears to 31 October 2025
- Amount
- $1,135.71
- Awarded to
- Landlord
- Reason
- 2025. The application seeks rent arrears, water rates arrears, vacated cleaning, garden tidy up, and repair costs.
Water rates to 31 October 2025
- Amount
- $1,028.31
- Awarded to
- Landlord
- Reason
- 6. There are water rates arrears of $1,028.31 to the end of the tenancy comprised of: Balance outstanding on WDC invoice for period ending 7 April 2025: $337.9…
Lawns and Garden work
- Amount
- $180.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Cleaning
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- The claim for 3 hours of cleaning to bring the premises to a reasonably clean and tidy standard is fair.
Repairs: Replace alarm panel
- Amount
- $195.50
- Awarded to
- Landlord
- Reason
- The claim for replacement of the alarm panel is proven. The panel was present during the tenancy and missing at the end.
Repairs: Walls and doors
- Amount
- $914.25
- Awarded to
- Landlord
- Reason
- 16. The end of tenancy photographs show several instances of damage to walls and doors including gouges, holes, and torn wallpaper.
Removal of overgrowth from driveway
- Amount
- $207.00
- Awarded to
- Landlord
- Reason
- 21. Having regard to those factors, and to the Tribunal’s mandate to determine disputes according to the substantial merits and justice of the case, 3 I will a…
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,518.77
Total payable by Tenant to Landlord
Landlord $2,518.77
Dismissed claims
- Kitchen Vinyl — The end of tenancy photographs show some marks on the kitchen floor, but the damage is consistent with wear and tear. The vinyl is at least 13 years old, and p…
- Lightbulbs — Lightbulbs expiring through normal use is not careless or intentional damage for which the tenant is liable. Several lightbulbs going missing after a 13-year t…
Claim types — money lines allowed on this order
Order
- Sherie Apetera must pay Mackys Real Estate Limited t/as Bayleys in the North (as agent for Glen Evans & Shelly Hawker) $2,518.77 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,320.00 (BN-14874993) to Mackys Real Estate Limited immediately.
Reasons
Background
- The tenancy began on 19 October 2012 and ended on 31 October 2025.
- The landlord filed this application on 22 December 2025. The application seeks rent arrears, water rates arrears, vacated cleaning, garden tidy up, and repair costs.
- The hearing took place in Whangarei on 5 June 2026. Ms Ryburn and Ms Cherrington represented the landlord. There was no appearance by the tenant.
- I am satisfied that the application was served on the tenant in accordance with the requirements of the Residential Tenancies Act 1986. The hearing proceeded in the tenant’s absence. 1 Rent and water
- The landlord’s rent record establishes rent arrears of $1,135.71 to the end of the tenancy.
- There are water rates arrears of $1,028.31 to the end of the tenancy comprised of: Balance outstanding on WDC invoice for period ending 7 April 2025: $337.98 WDC invoice for the period ending 1 October 2025: $633.21. Water use from 2 October – 31 October based on final meter read: $57.12 Cleaning and lawns
- Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 2
- The claim seeks $150 for cleaning and $180 for lawns and garden tidy up at the end of the tenancy.
- The landlord’s photographs show that the premises were generally clean and tidy, but some areas required further attention, in particular walls and drawers. The claim for 3 hours of cleaning to bring the premises to a reasonably clean and tidy standard is fair.
- The lawns and gardens also needed some (relatively minor) work, and there was a pile of palm fronds / green waste to dispose of. The claim for $180 is fair and reasonable. 1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e)(iii) RTA Repairs
- Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
- The claim seeks a. Replacement of a panel on the alarm. b. Replacement of vinyl in kitchen (insurance excess). c. Replacement of lightbulbs. d. Repairs to walls and doors. e. Removal of vegetation from from driveway.
- The claim for replacement of the alarm panel is proven. The panel was present during the tenancy and missing at the end. The damage is not wear and tear. The cost of replacing the panel is proven.
- The claim for replacement of the kitchen vinyl is dismissed. The end of tenancy photographs show some marks on the kitchen floor, but the damage is consistent with wear and tear. The vinyl is at least 13 years old, and possibly considerably older. The photographs do not show careless or intentional damage by the tenant.
- The claim for lightbulbs is dismissed. Lightbulbs expiring through normal use is not careless or intentional damage for which the tenant is liable. Several lightbulbs going missing after a 13-year tenancy is to be expected and does not warrant a compensation award in the Tenancy Tribunal.
- The end of tenancy photographs show several instances of damage to walls and doors including gouges, holes, and torn wallpaper. The damage is (collectively and individually) beyond fair wear and tear. The repair cost is proven, and is fair and reasonable.
- The driveways runs along the house and leads to the double bay garage. At the beginning of the tenancy the driveway and the area in front of the garage was metalled. Over time, the tenant has allowed a ‘strip’ of weeds and grass to develop along the length of the driveway. Weeds have also encroached onto the area in front of the garage.
- The landlord paid for the vegetation to be removed and the areas re-metalled. The claim seeks the cost of vegetation removal only (not re-metalling).
- Although this part of the claim does not relate to ‘tenant damage’ in the traditional sense, I accept that part of a tenant’s obligation to keep the lawns and gardens in a reasonably tidy condition includes weed control.
- However, I also acknowledge that although the tenant let the driveway strip get established, once established it seems that she kept it in a neat and tidy condition. I also note that the strip would have developed over months / years and there is no indication that the landlord told the tenant that it was not acceptable.
- Having regard to those factors, and to the Tribunal’s mandate to determine disputes according to the substantial merits and justice of the case, 3 I will award half of the vegetation removal cost claimed. Bond, filing fee
- The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
- The landlord has been largely successful in the application, and I will also award the landlord the filing fee of $28.00. 4
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s102(4), s11, s40(1), s7, s85(2), s92
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- MACKYS REAL ESTATE LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5419728?
The tribunal order states: Sherie Apetera must pay Mackys Real Estate Limited t/as Bayleys in the North
How much money was awarded in case 5419728?
Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Rent Arrears: $1,135.71 awarded to landlord; Alarm Panel: $195.50 awarded to landlord; Walls and Doors: $914.25 awarded to landlord; Vegetation Removal: $207.00 awarded to landlord; Water Rates: $1,028.31 awarded to landlord
What type of tenancy dispute was case 5419728?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5419728?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13710599-Tenancy_Tribunal_Order.pdf.