What was Tenancy Tribunal case 5449808 about?

The tribunal order states: Maria Fatima Tofilau must pay Staircase Property Management Limited As

How much money was awarded in case 5449808?

Rubbish Removal: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $380.00 awarded to landlord; Lease Break Fees: $851.00 awarded to landlord; Plumbing Invoice Clear Blocked Bathr…: $336.33 awarded to landlord; Property Damage: $178.25 awarded to landlord; Property Damage: $252.00 awarded to landlord; Rent Arrears: $9,687.86 awarded to landlord; Water Rates: $275.49 awarded to landlord

What type of tenancy dispute was case 5449808?

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

Where can I read the official tribunal order for case 5449808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818558-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5449808 about?

The tribunal order states: Maria Fatima Tofilau must pay Staircase Property Management Limited As

How much money was awarded in case 5449808?

Rubbish Removal: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $380.00 awarded to landlord; Lease Break Fees: $851.00 awarded to landlord; Plumbing Invoice Clear Blocked Bathr…: $336.33 awarded to landlord; Property Damage: $178.25 awarded to landlord; Property Damage: $252.00 awarded to landlord; Rent Arrears: $9,687.86 awarded to landlord; Water Rates: $275.49 awarded to landlord

What type of tenancy dispute was case 5449808?

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

Where can I read the official tribunal order for case 5449808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818558-Tenancy_Tribunal_Order.pdf.

6 O'Connell Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 5449808 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5449808 — net $9,996.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/1/2026	$9,687.86	Rent arrears to 15/1/2026
Water rates to 9/12/2026	$275.49	Water rates to 9/12/2026
Lease break fees	$851.00	Lease break fees
Lock/key replacement	$178.25	Lock/key replacement
Cleaning: and rubbish removal	$747.50	Cleaning: and rubbish removal
Plumbing invoice clear blocked bathroom fittings	$336.33	Plumbing invoice clear blocked bathroom fittings
Electrical fittings replacement – broken cooktop	$252.00	Electrical fittings replacement – broken cooktop
Lawns and Garden work	$380.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,996.43
Total payable by Tenant to Landlord	$9,996.43

Only the landlord attended the hearing.

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?

The tenancy was for a fixed term due to end on 22/5/2026. At the tenants request it ended early on 15/1/2026. The landlord confirmed that when the tenant asked to break the fixed term contract, she was advised she would be released early when a new tenant was found. That took some time. The landlord provided rent records and water rates invoices 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 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 including the lawns and gardens in a reasonably clean and tidy condition and did not remove all rubbish. During the tenancy a plumber attended to clear a shower and vanity drain that was blocked by excessive hair/debris.

The tenant did not return a key and damaged a lock.

The amounts ordered are proved. The invoice for the lawns and garden work is reduced as some of that work/green waste removal is heavier garden maintenance that is a landlord responsibility.

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 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 cooktop was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is 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 cooktop at the start of the tenancy and their likely useful lifespan.

Because Staircase Property Management Limited As Agent For Shuaib Memon has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5449808 — net $9,996.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/1/2026	$9,687.86	Rent arrears to 15/1/2026
Water rates to 9/12/2026	$275.49	Water rates to 9/12/2026
Lease break fees	$851.00	Lease break fees
Lock/key replacement	$178.25	Lock/key replacement
Cleaning: and rubbish removal	$747.50	Cleaning: and rubbish removal
Plumbing invoice clear blocked bathroom fittings	$336.33	Plumbing invoice clear blocked bathroom fittings
Electrical fittings replacement – broken cooktop	$252.00	Electrical fittings replacement – broken cooktop
Lawns and Garden work	$380.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,996.43
Total payable by Tenant to Landlord	$9,996.43

Order

Maria Fatima Tofilau must pay Staircase Property Management Limited As Agent For Shuaib Memon $9,996.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,740.00 (BN-00091500) to Staircase Property Management Limited As Agent For Shuaib Memon immediately.

Reasons

Only the landlord attended the hearing.
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?

The tenancy was for a fixed term due to end on 22/5/2026. At the tenants request it ended early on 15/1/2026. The landlord confirmed that when the tenant asked to break the fixed term contract, she was advised she would be released early when a new tenant was found. That took some time. The landlord provided rent records and water rates invoices 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 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 including the lawns and gardens in a reasonably clean and tidy condition and did not remove all rubbish. During the tenancy a plumber attended to clear a shower and vanity drain that was blocked by excessive hair/debris.
The tenant did not return a key and damaged a lock.
The amounts ordered are proved. The invoice for the lawns and garden work is reduced as some of that work/green waste removal is heavier garden maintenance that is a landlord responsibility.

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 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 cooktop was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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 cooktop at the start of the tenancy and their likely useful lifespan.
Because Staircase Property Management Limited As Agent For Shuaib Memon has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5449808 — Rent arrears at 6 O'Connell Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5449808 — Rent arrears at 6 O'Connell Street, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

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

Property management

Frequently asked questions

Award balance

Claims & awards

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

Property management

Frequently asked questions