Published tribunal order
Tenancy Tribunal case 5452809 — Rent arrears
Decided 29 Jun 2026 · Published 29 Jun 2026 · Application 5452809
- Rent arrears
- Property damage
- Cleanliness
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 Landlord name and identifying details.
- Waiata Anderson and Tramane Johnson must pay [The landlord/s] $2,742.83 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
- The landlord has applied for rent arrears, compensation, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The bond has already been released to the landlord.
- A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
How much is owed for rent and outgoings?
- The tenancy ended on 18 December 2025. The tenants had vacated earlier but this was a fixed-term tenancy to 7 August 2026. A new tenancy commenced 19 December 2025, therefore ending the tenant rent liability under the fixed-term agreement. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.
- Section 39 Residential Tenancies Act 1986 (RTA) provides for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises to be the responsibility of the tenant(s).
- The landlord sought $51.87 water rates. There was no separate water meter to the premises and the tenancy agreement makes no alternative arrangement for how water costs may be apportioned. As there was no meter, nor any agreement of another reconciliation method for consumption I dismiss the claim.
- There were also electricity outgoings. However, this consumption was metered and the invoices provided establish the tenant’s exclusive use of electricity that remains unpaid as $788.23. This is awarded in full.
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 landlord claimed there was a pink carpet stain in one room. Photos and an invoice for stain removal were provided. The premises was new at commencement. I am satisfied the stain occurred during the tenancy and the cost as evidenced in the invoice is reasonable. This is awarded in full.
- Section 44A RTA provides for the recovery of reasonable expenses incurred by the landlord due to the need to readvertise and commence a new tenancy when the tenant breaks a fixed-term tenancy. A detailed invoice of associated costs was provided to the tenants. The landlord accounted at the hearing for the effort and costs reflected in that invoice and I accept it as tabled. $991.42 is 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.
- During the tenancy a hole in one wall occurred. The tenants made a partial repair but the evidence by way of photos and invoice establish the need for a contractor to attend and repair. The invoiced cost of $529.00 is accepted. Given the premises was new and only four months occupied I do not consider any depreciation should apply for the repainting.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.