Tenantcheck Insights · Case study
Tenancy Tribunal case 5421418 — Property damage at 2A Civil Place, Otara, Auckland 2023
Decided 31 March 2026 · Published 31 March 2026 · Application 5421418
- Property damage
- Rent arrears
- Cleanliness
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,455.84
- Total balance for Tenant to pay Landlord
- $9,455.84
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears 16 to 31 January 2026 | $1,457.14 | Rent arrears 16 to 31 January 2026 | |
| Previous order application 5421418 dated 16/01/2026 | $4,274.29 | Previous order application 5421418 dated 16/01/2026 | |
| Water rates | $652.25 | Water rates | |
| Lock/key replacement | $391.16 | Lock/key replacement | |
| Rubbish removal | $370.00 | Rubbish removal | |
| Cleaning | $150.00 | Cleaning | |
| Lawns and Garden work | $460.00 | Lawns and Garden work | |
| Repairs: underfloor insulation and gate | $750.00 | Repairs: underfloor insulation and gate | |
| Repairs: holes in wall, window latches, towel rail and toilet roll holder | $700.00 | Repairs: holes in wall, window latches, towel rail and toilet roll holder | |
| Repairs: curtain rails and rehang | $163.00 | Repairs: curtain rails and rehang | |
| Replace smoke alarms | $60.00 | Replace smoke alarms | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $9,455.84 | ||
| Total payable by Tenant to Landlord | $9,455.84 |
Claims and awards for application 5421418 — net $9,455.84 NZD. Verify on MoJ.
Rent arrears 16 to 31 January 2026
- Amount
- $1,457.14
- Awarded to
- Landlord
- Reason
- Rent arrears 16 to 31 January 2026
Previous order application 5421418 dated 16/01/2026
- Amount
- $4,274.29
- Awarded to
- Landlord
- Reason
- Previous order application 5421418 dated 16/01/2026
Water rates
- Amount
- $652.25
- Awarded to
- Landlord
- Reason
- Water rates
Lock/key replacement
- Amount
- $391.16
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Rubbish removal
- Amount
- $370.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Cleaning
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- Cleaning
Lawns and Garden work
- Amount
- $460.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Repairs: underfloor insulation and gate
- Amount
- $750.00
- Awarded to
- Landlord
- Reason
- Repairs: underfloor insulation and gate
Repairs: holes in wall, window latches, towel rail and toilet roll holder
- Amount
- $700.00
- Awarded to
- Landlord
- Reason
- Repairs: holes in wall, window latches, towel rail and toilet roll holder
Repairs: curtain rails and rehang
- Amount
- $163.00
- Awarded to
- Landlord
- Reason
- Repairs: curtain rails and rehang
Replace smoke alarms
- Amount
- $60.00
- Awarded to
- Landlord
- Reason
- Replace smoke alarms
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $9,455.84
Total payable by Tenant to Landlord
Landlord $9,455.84
Claim types — money lines allowed on this order
Order
- Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property Management Limited $9,455.84 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears 16 to 31 January 2026$1,457.14 Previous order application 5421418 dated 16/01/2026$4,274.29 Water rates$652.25 Lock/key replacement$391.16 Rubbish removal$370.00 Cleaning$150.00 Lawns and Garden work$460.00 Repairs: underfloor insulation and gate$750.00 Repairs: holes in wall, window latches, towel rail and toilet roll holder $700.00 Repairs: curtain rails and rehang$163.00 Replace smoke alarms$60.00 Filing fee reimbursement$28.00 Total award$9,455.84 Total payable by Tenant to Landlord$9,455.84
Reasons
- The landlord attended the video hearing. The tenant did not attend the hearing.
- The landlord has applied for compensation, rent arrears and reimbursement of the filing fee.
How much does the tenant owe for rent and water rates?
- The tenancy was terminated under a prior order for abandonment. This was a fixed term tenancy. The landlord provided rent records and water rates invoices which prove the amount owing to the date a new tenancy started.
- The landlord is entitled to rent to the date the new tenancy started and this sum is proven.
- The landlord also applied for its costs in finding a new tenant because the tenant broke the fixed term tenancy when they abandoned the premises.
- The Tribunal has on occasion awarded a break fee where the landlord has agreed with a tenant to end a fixed term tenancy earlier and the tenant has agreed to pay the landlord’s costs of finding a new tenant or the Tribunal has approved payment of them. Neither situation applied here. The tenancy was terminated on application by the landlord for abandonment. The Tribunal declines to award any sum as the landlord would have incurred these costs at the end of the tenancy in any event as the tenancy had only a month to run from when the tenancy was terminated.
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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The tenant did not return the keys.
- The following chattels were missing at the end of the tenancy: a. Two smoke alarms. b. A curtain rail and hooks. c. A toilet roll holder. d. A towel rail.
- 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. See Guo v Korck [2019] NZHC 1541.
- The landlord provided photographic evidence that the following damage was caused during the tenancy: a. `Two window latches were broken. b. There were several large and small holes in walls and a door which had been inexpertly repaired. c. There were also scrapes to the walls and a door jamb. d. There was scribble on a wall. e. The underfloor insulation had been torn and removed by the tenant’s dogs. f. The gate to under the house was broken. g. A curtain rail was removed, some hooks were missing and required replacement. The curtain had to be rehung.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, it is reasonable to determine that it was intentional.
- The amounts ordered are proved.
- I have considered 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. The landlord explained that the property had been refurbished the year prior to the tenancy. The amounts claimed are modest and the Tribunal is satisfied that they have returned the landlord to the same position it was in without any element of betterment.
- Because Resolute Property Management Limited has wholly succeeded with the claim I 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
s16, s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
- RESOLUTE PROPERTY MANAGEMENT LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421418?
The tribunal order states: Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property
How much money was awarded in case 5421418?
Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Previous Order Application 5421418 D…: $4,274.29 awarded to landlord; Property Damage: $391.16 awarded to landlord; Rent Arrears: $1,457.14 awarded to landlord; Curtain Rails And Rehang: $163.00 awarded to landlord; holes in wall, window latches, towel…: $700.00 awarded to landlord; Underfloor Insulation And Gate: $750.00 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord; Smoke Alarms: $60.00 awarded to landlord; Water Rates: $652.25 awarded to landlord
What type of tenancy dispute was case 5421418?
The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness, Smoke alarms.
Where can I read the official tribunal order for case 5421418?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13376011-Tenancy_Tribunal_Order.pdf.