Published tribunal order
Tenancy Tribunal case 5438150 — Rent arrears
Decided 23 May 2026 · Published 23 May 2026 · Application 5438150
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenancy address.
- Mira OH must pay C & C Property Management Limited $7,066.36 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $4,800.00 ([Bond number suppressed]) to C & C Property Management Limited immediately.
Reasons
- The landlord attended the hearing. The tenant did not.
- The landlord has applied for rent arrears, 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 parties were in a fixed-term tenancy starting from 3 March 2025 until 3 March 2026.
- On 24 November 2025, the tenant emailed the landlord informing that she had to move out of the property on 15 December 2026 due to her circumstances requiring her to be overseas.
- Neither the tenant nor the landlord can give notice to end a fixed-term tenancy earlier. The tenant is liable to pay rent until the end of the fixed-term tenancy or until when a new tenancy begins at the premises.
- After the tenant gave notice, the landlord started the procedure of trying to find a subsequent tenant. The landlord incurred $1,437.50 in relisting the premises to find a new tenant. The subsequent tenant started the tenancy on 10 January 2026. Therefore, the tenant is liable to pay rent until 9 January 2026.
- The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I order the tenant pay the landlord $9,257.14 for rent arrears, $115.72 for water rates arrears and $1,437.50 for the break lease fee. Compensation claims
- The landlord applied for compensation for the following: a. Plastering and paint repairs; b. Repairing a door lock; c. Wardrobe repairs; d. Stone benchtop repairs; e. Carpet cleaning; and f. Exit cleaning.
- At the end of the tenancy the tenant must leave the premises reasonably clean. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
- For damage claims, 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. 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.
- 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.
- The landlord provided photos of the entry inspection report and the exit inspection report to prove the claims. The landlord also provided invoices to support the claims.
- Having seen the photos provided, I find that the landlord has proven all claims except for wardrobe damage, carpet cleaning and exit cleaning. I find that all other damage is more than fair wear and tear. I find that the wardrobe damage was fair wear and tear and that the premises was left reasonably clean at the end of the tenancy.
- I order the tenant to pay the landlord as ordered above.
- The bond will be refunded to the landlord to offset the amount payable by the tenant. Filing fee reimbursement
- Because the landlord has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.