What was Tenancy Tribunal case 5428351 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5428351?

Cleaning: $793.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,161.50 awarded to landlord; Rent Arrears: $2,879.29 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 5428351?

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

Where can I read the official tribunal order for case 5428351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13130543-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5428351 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5428351?

Cleaning: $793.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,161.50 awarded to landlord; Rent Arrears: $2,879.29 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 5428351?

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

Where can I read the official tribunal order for case 5428351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13130543-Tribunal_Order_Redacted.pdf.

347B Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5428351 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5428351 — net $5,724.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 February 2026	$2,879.29	Rent arrears to 12 February 2026
Cleaning	$793.50	Cleaning
Rubbish removal	$862.50	Rubbish removal
Repairs	$1,161.50	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,724.79
Total payable by Tenant to Landlord	$5,724.79

The landlord attended the hearing on 12 February 2026 by telephone. The tenant did not attend. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.

The Tribunal made an order 1 on 15 January 2026 terminating the tenancy, awarding rent arrears to 14 January 2026, awarding the filing fee and releasing the bond to the landlord.

The landlord seeks rent arrears from 15 January 2026 to 12 February 2026 because the premises have not been re-tenanted, and the tenant remains liable for rent arrears 2 until a new tenancy commences or the date of expiry of the term 3 .

Rent arrears is awarded for the period from 15 January 2026 to 12 February 2026.

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 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. 1 TT5421977 2 Section 61(3)(b) Residential Tenancies Act 1986 3 26 July 2026

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: wall holes in hallway and bedroom 1, a hole in door, damaged blinds and damaged kitchen drawer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed as sought.

Claims and awards in Tenancy Tribunal application 5428351 — net $5,724.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 February 2026	$2,879.29	Rent arrears to 12 February 2026
Cleaning	$793.50	Cleaning
Rubbish removal	$862.50	Rubbish removal
Repairs	$1,161.50	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,724.79
Total payable by Tenant to Landlord	$5,724.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
StevieRay Pene-TeRangi must pay [The landlord/s] $5,724.79 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 12 February 2026 by telephone. The tenant did not attend. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
The Tribunal made an order 1 on 15 January 2026 terminating the tenancy, awarding rent arrears to 14 January 2026, awarding the filing fee and releasing the bond to the landlord.
The landlord seeks rent arrears from 15 January 2026 to 12 February 2026 because the premises have not been re-tenanted, and the tenant remains liable for rent arrears 2 until a new tenancy commences or the date of expiry of the term 3 .
Rent arrears is awarded for the period from 15 January 2026 to 12 February 2026.

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 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. 1 TT5421977 2 Section 61(3)(b) Residential Tenancies Act 1986 3 26 July 2026
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: wall holes in hallway and bedroom 1, a hole in door, damaged blinds and damaged kitchen drawer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed as sought.

Tenancy Tribunal case 5428351 — Rent arrears at 347B Roscommon Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5428351 — Rent arrears at 347B Roscommon Road, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions