What was Tenancy Tribunal case 5423311 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay The Rent Shop Limited $1,189.00

How much money was awarded in case 5423311?

Rubbish Removal: $402.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5321642 D…: $28.00 awarded to landlord; Rent Arrears: $1,140.00 awarded to landlord; Replace 2 Internal Doors: $480.00 awarded to landlord; Replace furnishings: Bedroom carpet…: $300.00 awarded to landlord; Replace Furnishings: Curtains/Rails: $90.50 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5423311?

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

Where can I read the official tribunal order for case 5423311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432723-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5423311 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay The Rent Shop Limited $1,189.00

How much money was awarded in case 5423311?

Rubbish Removal: $402.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5321642 D…: $28.00 awarded to landlord; Rent Arrears: $1,140.00 awarded to landlord; Replace 2 Internal Doors: $480.00 awarded to landlord; Replace furnishings: Bedroom carpet…: $300.00 awarded to landlord; Replace Furnishings: Curtains/Rails: $90.50 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5423311?

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

Where can I read the official tribunal order for case 5423311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432723-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 27 St Georges Road, Avondale, Auckland 0600 Tenancy Tribunal Case 5423311 — Rent arrears

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Unit/Flat 5, 27 St Georges Road, Avondale, Auckland 0600 Tenancy Tribunal Case 5423311 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5423311 — net $1,189.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repair: Capped at excess per tenancy agreement	$400.00	Window repair: Capped at excess per tenancy agreement
Rent arrears	$1,140.00	Rent arrears
Previous order application 5321642 dated 27/08/2025	$28.00	Previous order application 5321642 dated 27/08/2025
Cleaning: and rubbish removal	$402.50	Cleaning: and rubbish removal
Repairs: replace 2 internal doors	$480.00	Repairs: replace 2 internal doors
Replace furnishings: Bedroom carpet (depreciated	$300.00	Replace furnishings: Bedroom carpet (depreciated
Replace furnishings: Curtains/rails	$90.50	Replace furnishings: Curtains/rails
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,189.00
Total payable by Tenant to Landlord	$1,189.00

Claims and awards for application 5423311 — net $1,189.00 NZD. Verify on MoJ.

Window repair: Capped at excess per tenancy agreement

Amount: $400.00
Awarded to: Landlord
Reason: Window repair: Capped at excess per tenancy agreement

Rent arrears

Amount: $1,140.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5321642 dated 27/08/2025

Amount: $28.00
Awarded to: Landlord
Reason: Previous order application 5321642 dated 27/08/2025

Cleaning: and rubbish removal

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs: replace 2 internal doors

Amount: $480.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage

Order

[The tenant/s] and [The tenant/s] must pay The Rent Shop Limited $1,189.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 27 August 2025 under application 5321642.
The Bond Centre is to pay the bond of $1,680.00 (BN-00063676) to The Rent Shop Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A variation to include a claim for the carpet replacement was accepted.

How much is owed for rent?

The tenancy ended on 21 November 2025 after the landlord accepted an early break in the fixed-term tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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, and did not remove all rubbish.
The landlord provided an invoice for $402.50 that was for both the cleaning and rubbish removal. The entry and exit photos confirm the need for the activities as conducted and the invoice is awarded in full.
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. The recorded excess in the tenancy agreement was $400.00. The agent suspected it may actually be more but in the absence of any notice to the tenant of any change in excess I have adopted the amount of record.
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: a. Two internal doors had holes made in them. They required replacement at a cost of $480.00, evidenced by an invoice and confirmed as not ptre- existing by the entry photos. b. The ranch slide window was broken. The cost of replacement was $899.00. Given the insurance excess of record was $400.00 I queried why that insurance option had not been pursued. The answer was uncertain and I consider the option was available and a lower cost recovery based on an excess of $400.00. On that basis, I award the landlord $400.00, being the recorded excess for such loss. c. One set of curtains were stained and the railing and hooks damaged. The landlord replaced them at an invoiced cost of $90.50. I have accepted that invoice and as the bulk of the cost was for replacement of damaged railings and hooks I award the invoice in full. d. The bedroom carpet was badly stained, beyond repair. The landlord replaced this at its own cost as insurance was declined. The estimated cost of $600.00 for the bedroom area is depreciated by 50% to reflect the age and condition of the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation for the carpet. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Prior order
On 27 August 2025 the Tribunal sealed a mediated order relating to this tenancy, including the application filing fee of $28.00. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because The Rent Shop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5423311 — net $1,189.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repair: Capped at excess per tenancy agreement	$400.00	Window repair: Capped at excess per tenancy agreement
Rent arrears	$1,140.00	Rent arrears
Previous order application 5321642 dated 27/08/2025	$28.00	Previous order application 5321642 dated 27/08/2025
Cleaning: and rubbish removal	$402.50	Cleaning: and rubbish removal
Repairs: replace 2 internal doors	$480.00	Repairs: replace 2 internal doors
Replace furnishings: Bedroom carpet (depreciated	$300.00	Replace furnishings: Bedroom carpet (depreciated
Replace furnishings: Curtains/rails	$90.50	Replace furnishings: Curtains/rails
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,189.00
Total payable by Tenant to Landlord	$1,189.00

Claims and awards for application 5423311 — net $1,189.00 NZD. Verify on MoJ.

Window repair: Capped at excess per tenancy agreement

Amount: $400.00
Awarded to: Landlord
Reason: Window repair: Capped at excess per tenancy agreement

Rent arrears

Amount: $1,140.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5321642 dated 27/08/2025

Amount: $28.00
Awarded to: Landlord
Reason: Previous order application 5321642 dated 27/08/2025

Cleaning: and rubbish removal

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs: replace 2 internal doors

Amount: $480.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage

Order

[The tenant/s] and [The tenant/s] must pay The Rent Shop Limited $1,189.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 27 August 2025 under application 5321642.
The Bond Centre is to pay the bond of $1,680.00 (BN-00063676) to The Rent Shop Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A variation to include a claim for the carpet replacement was accepted.

How much is owed for rent?

The tenancy ended on 21 November 2025 after the landlord accepted an early break in the fixed-term tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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, and did not remove all rubbish.
The landlord provided an invoice for $402.50 that was for both the cleaning and rubbish removal. The entry and exit photos confirm the need for the activities as conducted and the invoice is awarded in full.
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. The recorded excess in the tenancy agreement was $400.00. The agent suspected it may actually be more but in the absence of any notice to the tenant of any change in excess I have adopted the amount of record.
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: a. Two internal doors had holes made in them. They required replacement at a cost of $480.00, evidenced by an invoice and confirmed as not ptre- existing by the entry photos. b. The ranch slide window was broken. The cost of replacement was $899.00. Given the insurance excess of record was $400.00 I queried why that insurance option had not been pursued. The answer was uncertain and I consider the option was available and a lower cost recovery based on an excess of $400.00. On that basis, I award the landlord $400.00, being the recorded excess for such loss. c. One set of curtains were stained and the railing and hooks damaged. The landlord replaced them at an invoiced cost of $90.50. I have accepted that invoice and as the bulk of the cost was for replacement of damaged railings and hooks I award the invoice in full. d. The bedroom carpet was badly stained, beyond repair. The landlord replaced this at its own cost as insurance was declined. The estimated cost of $600.00 for the bedroom area is depreciated by 50% to reflect the age and condition of the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation for the carpet. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Prior order
On 27 August 2025 the Tribunal sealed a mediated order relating to this tenancy, including the application filing fee of $28.00. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because The Rent Shop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5423311 — Rent arrears at Unit/Flat 5, 27 St Georges Road, Avondale, Auckland 0600

At a glance

Tenancy Tribunal case 5423311 — Rent arrears at Unit/Flat 5, 27 St Georges Road, Avondale, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions