What was Tenancy Tribunal case 5426349 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Street Smart Property

How much money was awarded in case 5426349?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,170.00 awarded to landlord; Rent Arrears: $3,847.14 awarded to landlord; Water Rates: $547.05 awarded to landlord

What type of tenancy dispute was case 5426349?

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

Where can I read the official tribunal order for case 5426349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13773933-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5426349 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Street Smart Property

How much money was awarded in case 5426349?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,170.00 awarded to landlord; Rent Arrears: $3,847.14 awarded to landlord; Water Rates: $547.05 awarded to landlord

What type of tenancy dispute was case 5426349?

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

Where can I read the official tribunal order for case 5426349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13773933-Tenancy_Tribunal_Order.pdf.

10A Panama Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5426349 — Rent arrears

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10A Panama Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5426349 — 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 5426349 — net $3,112.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2026	$3,847.14	Rent arrears to 4 February 2026
Water rates to 4 February 2026	$547.05	Water rates to 4 February 2026
Cleaning	$400.00	Cleaning
Repairs (walls and door	$1,170.00	Repairs (walls and door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,112.19
Total payable by Tenant to Landlord	$3,112.19

Claims and awards for application 5426349 — net $3,112.19 NZD. Verify on MoJ.

Rent arrears to 4 February 2026

Amount: $3,847.14
Awarded to: Landlord
Reason: Rent arrears to 4 February 2026

Water rates to 4 February 2026

Amount: $547.05
Awarded to: Landlord
Reason: Water rates to 4 February 2026

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs (walls and door

Amount: $1,170.00
Awarded to: Landlord
Reason: Repairs (walls and door

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Street Smart Property Management Limited as agent for Davy Bernardo $3,112.19 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,880.00 (5766136-006) to Street Smart Property Management Limited as agent for Davy Bernardo immediately.

Reasons

The landlord attended the hearing. The tenants did not attend, and the hearing proceeded in their absence.
The landlord has applied for rent arrears, outgoings, 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?

The tenancy ended on 4 February 2026. The landlord provided rent records and water rates invoices which prove the amounts owing of $3,847.14 for rent and $547.05 for water at the end of the 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 (RTA)
The landlord says that the tenant did not leave the premises reasonably clean and tidy, and they were required to carry out further cleaning at a cost of $400.00. Photographs have been provided in support.
On review of the evidence, I am satisfied that the property did not meet the statutory standard and the amount ordered is 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 claims for the cost to repair holes in walls and a door. They say that this damage exceeded fair wear and tear. In some instances, the tenants had tried to repair the holes, however, this was not done adequately, and the landlord was required to redo it. They claim repair costs of $1,170.00 and have provided photographs and evidence of costings.
The following damage was caused during the tenancy: Holes in walls and a door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Street Smart Property Management Limited as agent for Davy Bernardo has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 19 June 2026

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 5426349 — net $3,112.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2026	$3,847.14	Rent arrears to 4 February 2026
Water rates to 4 February 2026	$547.05	Water rates to 4 February 2026
Cleaning	$400.00	Cleaning
Repairs (walls and door	$1,170.00	Repairs (walls and door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,112.19
Total payable by Tenant to Landlord	$3,112.19

Claims and awards for application 5426349 — net $3,112.19 NZD. Verify on MoJ.

Rent arrears to 4 February 2026

Amount: $3,847.14
Awarded to: Landlord
Reason: Rent arrears to 4 February 2026

Water rates to 4 February 2026

Amount: $547.05
Awarded to: Landlord
Reason: Water rates to 4 February 2026

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Repairs (walls and door

Amount: $1,170.00
Awarded to: Landlord
Reason: Repairs (walls and door

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] and [The tenant/s] must pay Street Smart Property Management Limited as agent for Davy Bernardo $3,112.19 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,880.00 (5766136-006) to Street Smart Property Management Limited as agent for Davy Bernardo immediately.

Reasons

The landlord attended the hearing. The tenants did not attend, and the hearing proceeded in their absence.
The landlord has applied for rent arrears, outgoings, 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?

The tenancy ended on 4 February 2026. The landlord provided rent records and water rates invoices which prove the amounts owing of $3,847.14 for rent and $547.05 for water at the end of the 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 (RTA)
The landlord says that the tenant did not leave the premises reasonably clean and tidy, and they were required to carry out further cleaning at a cost of $400.00. Photographs have been provided in support.
On review of the evidence, I am satisfied that the property did not meet the statutory standard and the amount ordered is 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 claims for the cost to repair holes in walls and a door. They say that this damage exceeded fair wear and tear. In some instances, the tenants had tried to repair the holes, however, this was not done adequately, and the landlord was required to redo it. They claim repair costs of $1,170.00 and have provided photographs and evidence of costings.
The following damage was caused during the tenancy: Holes in walls and a door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Street Smart Property Management Limited as agent for Davy Bernardo has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 19 June 2026

Tenancy Tribunal case 5426349 — Rent arrears at 10A Panama Road, Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5426349 — Rent arrears at 10A Panama Road, Mount Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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