Published tribunal order
Tenancy Tribunal case 5455150 — Rent arrears at Room Suite 310, 135 Hobson Street, Auckland Central,
Decided 21 Jul 2026 · Published 21 Jul 2026 · Application 5455150
- Rent arrears
- Property damage
- Cleanliness
Order
- [The tenant/s] must pay Barfoot & Thompson Property Limited As The Agent For Jinsheng Ren $6,731.05 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,880.00 (BN-00087030) to Barfoot & Thompson Property Limited As The Agent For Jinsheng Ren immediately.
Reasons
- The landlord attended the hearing on 20 July 2026. 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 tenancy ended was from 9 May 2025 until 14 December 2025.
- The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I order the tenant to pay the landlord rent arrears of $2,551.43 and water rates of $1,085.47.
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 (“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 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.
- The Tribunal must take 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.
- The landlord provided invoices from the Body Corporate, entry inspection report and photos from the end of the tenancy to prove the claims.
- I find that the landlord has proven all the claims ordered above. However, I do not grant interior painting as I find that is fair wear and tear. I have adjusted the claims to do with the repairs to reflect wear and tear and pre-existing damage.
- I acknowledge the landlord has wholly succeeded with the claim. I order the tenant to reimburse the landlord’s filing fee. This order incorporates the two filing fee orders made under NZTT 5343530 and 5324089.