Tenantcheck Insights · Case study
Tenancy Tribunal case 5437342 — Rent arrears at 32A Brookvale Lane, Taupaki, Taupaki 0782
Decided 7 May 2026 · Published 7 May 2026 · Application 5437342
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Taupaki
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,645.21
- Bond payment as ordered
- −$2,040.00
- Total balance for Tenant to pay Landlord
- $1,605.21
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $928.57 | Rent arrears | |
| Rent in lieu 5 Jan-19 Jan 2026 | $1,607.14 | Rent in lieu 5 Jan-19 Jan 2026 | |
| Repairs: Carpet | $750.00 | Repairs: Carpet | |
| Cleaning | $331.50 | Cleaning | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,605.21 | ||
| Total payable by Tenant to Landlord | $1,605.21 |
Claims and awards for application 5437342 — net $1,605.21 NZD. Verify on MoJ.
Rent arrears
- Amount
- $928.57
- Awarded to
- Landlord
- Reason
- Rent arrears
Rent in lieu 5 Jan-19 Jan 2026
- Amount
- $1,607.14
- Awarded to
- Landlord
- Reason
- Rent in lieu 5 Jan-19 Jan 2026
Repairs: Carpet
- Amount
- $750.00
- Awarded to
- Landlord
- Reason
- Repairs: Carpet
Cleaning
- Amount
- $331.50
- Awarded to
- Landlord
- Reason
- Cleaning
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,605.21
Total payable by Tenant to Landlord
Landlord $1,605.21
Claim types — money lines allowed on this order
Order
- Maree Claire Flemming must pay Dave Tribe and Corinne Tribe $1,605.21 immediately, being rent arrears to 4 January 2026.
- The Bond Centre is to pay the bond of $2,040.00 (00097220) to Dave Tribe and Corinne Tribe immediately.
Reasons
- The landlord attended the hearing. The Tenant did not appear.
- The landlord has applied for rent arrears, compensation, reimbursement of the filing fee following the end of the tenancy and refund of the bond.
How much is owed for rent?
- The tenancy ended on 4 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rent in lieu
- The Landlord claimed $1,285.71 as rent in lieu of notice. The Tribunal had previously issued an Order terminating the tenancy effective from 24 January 2025. The Order further directed that, should the Tenant wish to vacate earlier, they were required to provide three weeks’ notice. The Tenant subsequently gave notice on 29 December 2025 advising that they intended to vacate the premises but not providing a firm date. On 3 January 2026, the Tenant requested that the Landlord take possession of the property that day and agree to an earlier termination of the tenancy. While the Landlord did not expressly agree to this request, they later stated that the tenancy ended on 6 January 2026. The Landlord accordingly sought 12 days’ rent in lieu of notice.
- I am not satisfied as to the basis upon which the Landlord calculated the rent in lieu claimed. On the evidence before me, the tenancy effectively ended on 4 January 2026. As the Tenant provided notice on 29 December 2025, the required notice period of three weeks would have expired on 19 January 2026. The Tenants are liable for rent arrears up to 4 January 2026, and accordingly there remain 15 days of rent in lieu outstanding. I therefore award the Landlord the sum of $1,607.14.
- The amounts ordered are proved.
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 failed to leave the premises in a reasonably clean and tidy condition at the conclusion of the tenancy. The Landlord submits that, due to the significant level of grime throughout the property, it was necessary to hire a Rug Doctor machine to clean the carpets. The Landlord further states that young children and a dog resided at the premises during the tenancy, contributing to the condition in which the property was left. In addition, the Landlord engaged two professional cleaners to undertake a full clean of the premises, which required approximately three hours to complete. In support of this claim, the Landlord has provided an invoice for the cleaning services, receipt for the rug doctor hire and photographs evidencing the unclean condition of the property at the end of the tenancy.
- 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 following damage was caused during the tenancy: damage to the carpet in the lounge. The Landlord submits that the Tenant left the woodburner open, which caused a hole to be burned into the carpet. The Landlord states that the carpet had been newly installed approximately two years prior to the commencement of the tenancy. In support of the claim, the Landlord has provided an invoice for the carpet together with an insurance report relating to the damage. The Landlord also produced the ingoing inspection report, which evidences that the carpet was undamaged at the start of the tenancy. The nature and extent of the damage exceed fair wear and tear, and the Tenant has not provided evidence sufficient to disprove liability for the damage caused.
- The amounts ordered are proved.
- I have taken into account 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. 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.
- As Dave Tribe, Corinne Tribe has wholly succeeded with the claim the Tenant 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
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5437342?
The tribunal order states: Maree Claire Flemming must pay Dave Tribe and Corinne Tribe $1,605.21
How much money was awarded in case 5437342?
Cleaning: $331.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $928.57 awarded to landlord; Rent In Lieu 5 Jan-19 Jan 2026: $1,607.14 awarded to landlord; Carpet: $750.00 awarded to landlord
What type of tenancy dispute was case 5437342?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5437342?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13564409-Tenancy_Tribunal_Order.pdf.