What was Tenancy Tribunal case 5431724 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 5431724?

Cleaning: $70.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $220.00 awarded to landlord; Power Bill: $72.93 awarded to landlord; Rent Arrears: $5,814.28 awarded to landlord; Replace Furnishings: Net Curtains: $180.00 awarded to landlord; Water Rates: $143.39 awarded to landlord

What type of tenancy dispute was case 5431724?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Cleanliness.

Where can I read the official tribunal order for case 5431724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13649248-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5431724 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 5431724?

Cleaning: $70.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $220.00 awarded to landlord; Power Bill: $72.93 awarded to landlord; Rent Arrears: $5,814.28 awarded to landlord; Replace Furnishings: Net Curtains: $180.00 awarded to landlord; Water Rates: $143.39 awarded to landlord

What type of tenancy dispute was case 5431724?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Cleanliness.

Where can I read the official tribunal order for case 5431724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13649248-Tribunal_Order_Redacted.pdf.

35 Hedge Row, Sunnyhills, Auckland 2010 Tenancy Tribunal Case 5431724 — Rent arrears

Claims and awards in Tenancy Tribunal application 5431724 — net $3,156.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 February 2026	$5,814.28	Rent arrears to 22 February 2026
Filing fee reimbursement: 5443348	$28.00	5443348
Filing fee reimbursement: 5431724	$28.00	5431724
Cleaning	$70.00	Cleaning
Replace furnishings: Net curtains	$180.00	Replace furnishings: Net curtains
Water rates	$143.39	Water rates
Lawns and Garden work: 10 February 2026	$220.00	Lawns and Garden work: 10 February 2026
Power bill	$72.93	Power bill
Exemplary	$1,000.00	Exemplary
Net award	$3,156.60
Total payable by Tenant to Landlord	$3,156.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
LaiShou Li and XiaoQin Yuan must pay [The landlord/s] $4,156.60 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 22 February 2026$5,814.28 Filing fee reimbursement: 5443348$28.00 Filing fee reimbursement: 5431724$28.00 Cleaning$70.00 Replace furnishings: Net curtains$180.00 Water rates$143.39 Lawns and Garden work: 10 February 2026$220.00 Power bill$72.93 Exemplary$1,000.00 Total award$7,556.60 Minus Bond-$4,400.00 Total payable by Tenant to Landlord$3,156.60
The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
I dismiss the landlords claim for the removal of the fence and the unblocking of the drains.

Reasons

The landlord attended the hearing, the tenants did not attend. The Tribunal sent a notice of hearing to the tenants and followed this up with a text message reminder of the hearing. The tenants have not communicated with the Tribunal seeking an adjournment and so I am proceeding with the hearing in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
This was a 12-month fixed term tenancy that was due to end on 22 March 2027. In December 2025, the tenants left the property without notice and have not engaged with the landlord since.
On 22 February 2026, the Tribunal terminated the tenancy and granted immediate possession to the landlord.
The landlord sought to claim rent arrears and vacated costs as set out below. The tenants have not been in contact with the landlord since effectively abandoning the property in December 2025.

How much is owed for rent, water rates and power bills?

The tenancy ended on 22 February 2026 by order of the Tribunal. The landlord seeks to claim the rent from the time of the last rent payment on 10 January 2026 until the date of 7 April 2026 when the new tenants look possession of the property.
I have explained to the landlord that the Tribunal can only award rent arrears up till the 22 February 2026 when the landlord was granted possession of the property. On that date the tenants liable ceased due to the Tribunal order.
The landlord provided rent records, and I have taken the rent arrears up to 22 February 2026. The amount of rent arrears owed by the tenants is $5814.28.
The landlord has provided water rates invoices which prove the amount of $143.39 owing at the end of the tenancy.
The landlord has provided the Tribunal with power bills. The final power bills are $72.93.
I am satisfied that the landlord has proven their claim for the rent arrears, water, and power bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not mow the lawns and tidy the garden.
The landlord has provided a pre let and an exit inspection report and photos. The photos show that the tenants did not leave the property reasonable clean and tidy nor mow the lawns and attend to the garden maintenance.
The landlord provided an invoice for $70.00 for the cost of the cleaning and $220.00 for the lawns and garden cleanup.
I am satisfied that the landlord has proven her claim for the cleaning costs and lawns.
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 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 the following damage was caused during the tenancy: -Torn net curtains. -Drain blockage.
In the pre let photos the net curtains were in good condition. The landlord stated that they were only 12 months old. At the end of the tenancy the net curtains were badly torn and damaged.
The landlord has provided an invoice for $180.00 for the cost of replacing the torn net curtains.
The landlord has provided an invoice for $350.00 to unblock the drains at the property. Photos were provided of what appears to be a concrete type of substance blocking the pipes. The landlord had to have the blockage removed and seeks to claim from the tenants.
The landlord says that it must have been the tenants that caused the damage as they were the last people to live in the house.
While I understand that landlord’s view, I cannot compensate her for the drainage costs because the blockage was noticed and cleared about 4 months after the tenants abandoned the property. The tenants left in December 2025 and the drain was unblocked in April 2026.
I cannot be sure that the blockage was because of the tenants’ actions or carelessness during the tenancy.
Therefore, I must dismiss the landlord claim for the drain blockage, but I am granting compensation for the damaged net curtains.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Removal of the fence:
The landlord is seeking the cost of $900.00 to remove a fence that the landlord put up at the request of the tenants. The garage on the property was not part of the tenancy, as the landlord used the garage occasionally and stored items in it.
As the garage was unusable to the tenants, they asked that a fence by put up in front of the garage to section off their property from the garage. The fence provides a separate access way for the landlord to come and go from the garage without having to come onto the tenant’s part of the property.
The landlord carried out the request without any obligations imposed on the tenants for the costs.
When the tenants left, the landlord sought to have the fence removed and obtained a quote for $900.00 to have this carried out.
The tenants are not liable for the cost of removing the fence as there was no contractual obligation between the landlord and tenants to do so. Furthermore, the landlord has not removed the fence and therefore has not incurred any lost.
I am dismissing the landlord claim for the cost of removing the fence. Compensation for Losses (Section 61 and General Principles)
When a tenant abandons a property during a fixed term tenancy, the landlord can seek compensation for actual losses resulting from the abandonment. This can include loss of rent (until the property is re-let or the fixed term ends, or by order of the Tribunal), reasonable costs of re-letting (such as advertising and agent’s fees), and any other direct losses.
However, the Tribunal cannot award a generic “break lease fee” unless the landlord has provided an itemised account of specific expenses incurred as a result of the abandonment. Unfortunately, the landlord has not provided these costs and therefore I cannot grant compensation for the advertising and administrative costs of obtaining a new tenant.
The landlord must take reasonable steps to mitigate their loss, such as promptly advertising the property and seeking new tenants.
In Manage my Rental v Baxter NZDC 12011, the District Court confirmed that compensation is for actual loss, and exemplary damages are only awarded if the statutory test is met.
The Tribunal will not award both compensation and exemplary damages for the same loss but may award both if the criteria are met and the losses are distinct.
Exemplary damages may be considered if the tenant’s abandonment was intentional and meets the statutory test in section 109, but this is separate from compensation for actual losses. Exemplary Damages for Intentional Abandonment:
The tenant abandoned the premises during a fixed term tenancy, left without notice, and has blocked the landlord from any communication. Under section 61(5) of the Residential Tenancies Act 1986, it is an unlawful act for a tenant to abandon the premises when rent is in arrears and without reasonable excuse.
I am satisfied on the evidence that the tenant’s actions were intentional. The tenant made a deliberate decision to leave the property, failed to give any notice, and has taken active steps to avoid contact with the landlord. This is not a case of negligence or misunderstanding, but a clear and intentional breach of the tenant’s obligations.
In considering whether to award exemplary damages, I have applied the statutory test in section 109(3) of the Act. I have considered:
The intent of the tenant, which was deliberate.
The effect of the unlawful act, which has caused significant inconvenience and financial loss to the landlord.
The interests of the landlord, who has been left to deal with the consequences of the abandonment.
The public interest in deterring tenants from abandoning tenancies in this manner; and
Whether it is just to make the award.
Having regard to these factors, I am satisfied that an award of exemplary damages is appropriate in this case. The amount awarded is $1000.00, which is 2/3 of the maximum amount that I can award to reflect the seriousness of the conduct and the need for deterrence. Filing Fee/Bond/ Suppression:
Because [The applicant/s] has succeeded with both claims under application numbers, 5443348 and 5431724 I must reimburse both filing fees.
The landlord has applied for suppression of her name and identifying details and as she has been successful, I am granting suppression.
The Bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlords.

Claims and awards in Tenancy Tribunal application 5431724 — net $3,156.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 February 2026	$5,814.28	Rent arrears to 22 February 2026
Filing fee reimbursement: 5443348	$28.00	5443348
Filing fee reimbursement: 5431724	$28.00	5431724
Cleaning	$70.00	Cleaning
Replace furnishings: Net curtains	$180.00	Replace furnishings: Net curtains
Water rates	$143.39	Water rates
Lawns and Garden work: 10 February 2026	$220.00	Lawns and Garden work: 10 February 2026
Power bill	$72.93	Power bill
Exemplary	$1,000.00	Exemplary
Net award	$3,156.60
Total payable by Tenant to Landlord	$3,156.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
LaiShou Li and XiaoQin Yuan must pay [The landlord/s] $4,156.60 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 22 February 2026$5,814.28 Filing fee reimbursement: 5443348$28.00 Filing fee reimbursement: 5431724$28.00 Cleaning$70.00 Replace furnishings: Net curtains$180.00 Water rates$143.39 Lawns and Garden work: 10 February 2026$220.00 Power bill$72.93 Exemplary$1,000.00 Total award$7,556.60 Minus Bond-$4,400.00 Total payable by Tenant to Landlord$3,156.60
The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
I dismiss the landlords claim for the removal of the fence and the unblocking of the drains.

Reasons

The landlord attended the hearing, the tenants did not attend. The Tribunal sent a notice of hearing to the tenants and followed this up with a text message reminder of the hearing. The tenants have not communicated with the Tribunal seeking an adjournment and so I am proceeding with the hearing in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
This was a 12-month fixed term tenancy that was due to end on 22 March 2027. In December 2025, the tenants left the property without notice and have not engaged with the landlord since.
On 22 February 2026, the Tribunal terminated the tenancy and granted immediate possession to the landlord.
The landlord sought to claim rent arrears and vacated costs as set out below. The tenants have not been in contact with the landlord since effectively abandoning the property in December 2025.

How much is owed for rent, water rates and power bills?

The tenancy ended on 22 February 2026 by order of the Tribunal. The landlord seeks to claim the rent from the time of the last rent payment on 10 January 2026 until the date of 7 April 2026 when the new tenants look possession of the property.
I have explained to the landlord that the Tribunal can only award rent arrears up till the 22 February 2026 when the landlord was granted possession of the property. On that date the tenants liable ceased due to the Tribunal order.
The landlord provided rent records, and I have taken the rent arrears up to 22 February 2026. The amount of rent arrears owed by the tenants is $5814.28.
The landlord has provided water rates invoices which prove the amount of $143.39 owing at the end of the tenancy.
The landlord has provided the Tribunal with power bills. The final power bills are $72.93.
I am satisfied that the landlord has proven their claim for the rent arrears, water, and power bills.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not mow the lawns and tidy the garden.
The landlord has provided a pre let and an exit inspection report and photos. The photos show that the tenants did not leave the property reasonable clean and tidy nor mow the lawns and attend to the garden maintenance.
The landlord provided an invoice for $70.00 for the cost of the cleaning and $220.00 for the lawns and garden cleanup.
I am satisfied that the landlord has proven her claim for the cleaning costs and lawns.
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 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 the following damage was caused during the tenancy: -Torn net curtains. -Drain blockage.
In the pre let photos the net curtains were in good condition. The landlord stated that they were only 12 months old. At the end of the tenancy the net curtains were badly torn and damaged.
The landlord has provided an invoice for $180.00 for the cost of replacing the torn net curtains.
The landlord has provided an invoice for $350.00 to unblock the drains at the property. Photos were provided of what appears to be a concrete type of substance blocking the pipes. The landlord had to have the blockage removed and seeks to claim from the tenants.
The landlord says that it must have been the tenants that caused the damage as they were the last people to live in the house.
While I understand that landlord’s view, I cannot compensate her for the drainage costs because the blockage was noticed and cleared about 4 months after the tenants abandoned the property. The tenants left in December 2025 and the drain was unblocked in April 2026.
I cannot be sure that the blockage was because of the tenants’ actions or carelessness during the tenancy.
Therefore, I must dismiss the landlord claim for the drain blockage, but I am granting compensation for the damaged net curtains.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Removal of the fence:
The landlord is seeking the cost of $900.00 to remove a fence that the landlord put up at the request of the tenants. The garage on the property was not part of the tenancy, as the landlord used the garage occasionally and stored items in it.
As the garage was unusable to the tenants, they asked that a fence by put up in front of the garage to section off their property from the garage. The fence provides a separate access way for the landlord to come and go from the garage without having to come onto the tenant’s part of the property.
The landlord carried out the request without any obligations imposed on the tenants for the costs.
When the tenants left, the landlord sought to have the fence removed and obtained a quote for $900.00 to have this carried out.
The tenants are not liable for the cost of removing the fence as there was no contractual obligation between the landlord and tenants to do so. Furthermore, the landlord has not removed the fence and therefore has not incurred any lost.
I am dismissing the landlord claim for the cost of removing the fence. Compensation for Losses (Section 61 and General Principles)
When a tenant abandons a property during a fixed term tenancy, the landlord can seek compensation for actual losses resulting from the abandonment. This can include loss of rent (until the property is re-let or the fixed term ends, or by order of the Tribunal), reasonable costs of re-letting (such as advertising and agent’s fees), and any other direct losses.
However, the Tribunal cannot award a generic “break lease fee” unless the landlord has provided an itemised account of specific expenses incurred as a result of the abandonment. Unfortunately, the landlord has not provided these costs and therefore I cannot grant compensation for the advertising and administrative costs of obtaining a new tenant.
The landlord must take reasonable steps to mitigate their loss, such as promptly advertising the property and seeking new tenants.
In Manage my Rental v Baxter NZDC 12011, the District Court confirmed that compensation is for actual loss, and exemplary damages are only awarded if the statutory test is met.
The Tribunal will not award both compensation and exemplary damages for the same loss but may award both if the criteria are met and the losses are distinct.
Exemplary damages may be considered if the tenant’s abandonment was intentional and meets the statutory test in section 109, but this is separate from compensation for actual losses. Exemplary Damages for Intentional Abandonment:
The tenant abandoned the premises during a fixed term tenancy, left without notice, and has blocked the landlord from any communication. Under section 61(5) of the Residential Tenancies Act 1986, it is an unlawful act for a tenant to abandon the premises when rent is in arrears and without reasonable excuse.
I am satisfied on the evidence that the tenant’s actions were intentional. The tenant made a deliberate decision to leave the property, failed to give any notice, and has taken active steps to avoid contact with the landlord. This is not a case of negligence or misunderstanding, but a clear and intentional breach of the tenant’s obligations.
In considering whether to award exemplary damages, I have applied the statutory test in section 109(3) of the Act. I have considered:
The intent of the tenant, which was deliberate.
The effect of the unlawful act, which has caused significant inconvenience and financial loss to the landlord.
The interests of the landlord, who has been left to deal with the consequences of the abandonment.
The public interest in deterring tenants from abandoning tenancies in this manner; and
Whether it is just to make the award.
Having regard to these factors, I am satisfied that an award of exemplary damages is appropriate in this case. The amount awarded is $1000.00, which is 2/3 of the maximum amount that I can award to reflect the seriousness of the conduct and the need for deterrence. Filing Fee/Bond/ Suppression:
Because [The applicant/s] has succeeded with both claims under application numbers, 5443348 and 5431724 I must reimburse both filing fees.
The landlord has applied for suppression of her name and identifying details and as she has been successful, I am granting suppression.
The Bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlords.

Tenancy Tribunal case 5431724 — Rent arrears at 35 Hedge Row, Sunnyhills, Auckland 2010

At a glance

Tenancy Tribunal case 5431724 — Rent arrears at 35 Hedge Row, Sunnyhills, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and power bills?

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

How much is owed for rent, water rates and power bills?

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