What was Tenancy Tribunal case 5446552 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 5446552?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,719.29 awarded to landlord; Rubbish Removal: $220.00 awarded to landlord

What type of tenancy dispute was case 5446552?

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

Where can I read the official tribunal order for case 5446552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13810717-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5446552 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 5446552?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,719.29 awarded to landlord; Rubbish Removal: $220.00 awarded to landlord

What type of tenancy dispute was case 5446552?

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

Where can I read the official tribunal order for case 5446552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13810717-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 1523 Great North Road, Waterview, Auckland Tenancy Tribunal Case 5446552 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5446552 — net $747.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,719.29		Rent arrears
Filing fee reimbursement	$28.00		Filing fee reimbursement
Wall damages, bedrooms/lounge	$200.00		Wall damages, bedrooms/lounge
Cleaning	$300.00		Cleaning
Rubbish removal	$220.00		Rubbish removal
Bond received by landlord for rent		$2,720.00	Bond received by landlord for rent
Total award	$3,467.29	$2,720.00
Net award	$747.29
Total payable by Tenant to Landlord	$747.29

The landlord attended the hearing. The tenant did not appear and was called on the phone number provided but did not answer. The hearing continued in their absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

The bond had been received by the landlord prior to the hearing and the landlord said that this was to be used for rent arrears. It has been recorded as a credit in the calculation table.

How much is owed for rent?

The landlord believes that the tenants have moved to Australia and found the premises empty on 12 January 2026.They notified the tenants that they had a week to finish removing their items and rent is claimed to 18 January 2026. This is a periodic tenancy, and the landlord provided rent records which prove the amount owing 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. .

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Evidence was provided of clothes, food, mattresses, rubbish and household items left behind. There was very little evidence of any cleaning at the premises and especially the bathroom and kitchen were not left reasonably clean.

The amounts ordered are proved and amounts claimed awarded.

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.

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: The walls in the three bedrooms and lounge had scratches, and the hallway had medium sized holes in the wall. I find that this is careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant name suppression as requested.

Claims and awards in Tenancy Tribunal application 5446552 — net $747.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,719.29		Rent arrears
Filing fee reimbursement	$28.00		Filing fee reimbursement
Wall damages, bedrooms/lounge	$200.00		Wall damages, bedrooms/lounge
Cleaning	$300.00		Cleaning
Rubbish removal	$220.00		Rubbish removal
Bond received by landlord for rent		$2,720.00	Bond received by landlord for rent
Total award	$3,467.29	$2,720.00
Net award	$747.29
Total payable by Tenant to Landlord	$747.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Debrina Molly Togaga'e must pay [The landlord/s] $747.29 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not appear and was called on the phone number provided but did not answer. The hearing continued in their absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The bond had been received by the landlord prior to the hearing and the landlord said that this was to be used for rent arrears. It has been recorded as a credit in the calculation table.

How much is owed for rent?

The landlord believes that the tenants have moved to Australia and found the premises empty on 12 January 2026.They notified the tenants that they had a week to finish removing their items and rent is claimed to 18 January 2026. This is a periodic tenancy, and the landlord provided rent records which prove the amount owing 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. .
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Evidence was provided of clothes, food, mattresses, rubbish and household items left behind. There was very little evidence of any cleaning at the premises and especially the bathroom and kitchen were not left reasonably clean.
The amounts ordered are proved and amounts claimed awarded.

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.
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: The walls in the three bedrooms and lounge had scratches, and the hallway had medium sized holes in the wall. I find that this is careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5446552 — Rent arrears at Unit/Flat 4, 1523 Great North Road, Waterview, Auckland

At a glance

Tenancy Tribunal case 5446552 — Rent arrears at Unit/Flat 4, 1523 Great North Road, Waterview, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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