What was the outcome of Tenancy Tribunal case 5467163?

The tribunal order states: Chenique Smith must pay Daniel Yeoh $2,502.64 immediately, calculated as

How much money was awarded in case 5467163?

Compensation: $370.00 awarded to landlord; Compensation: $52.49 awarded to landlord; Compensation: Bond Refund Received: $3,300.00 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,337.15 awarded to landlord; Hole In Wall: $15.00 awarded to landlord

What type of tenancy dispute was case 5467163?

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

Where can I read the official tribunal order for case 5467163?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13601047-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5467163?

The tribunal order states: Chenique Smith must pay Daniel Yeoh $2,502.64 immediately, calculated as

How much money was awarded in case 5467163?

Compensation: $370.00 awarded to landlord; Compensation: $52.49 awarded to landlord; Compensation: Bond Refund Received: $3,300.00 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,337.15 awarded to landlord; Hole In Wall: $15.00 awarded to landlord

What type of tenancy dispute was case 5467163?

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

Where can I read the official tribunal order for case 5467163?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13601047-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 42 Cambridge Terrace, Waiwhetu, Lower Tenancy Tribunal Case 5467163 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5467163 — net $2,502.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 March 2026	$5,337.15		Rent arrears to 15 March 2026
Compensation for missing fridge	$370.00		Compensation for missing fridge
Compensation for missing wardrobe rails	$52.49		Compensation for missing wardrobe rails
Repairs: Hole in wall	$15.00		Repairs: Hole in wall
Filing fee reimbursement	$28.00		Filing fee reimbursement
Compensation: Bond refund received		$3,300.00	Bond refund received
Total award	$5,802.64	$3,300.00
Net award	$2,502.64
Total payable by Tenant to Landlord	$2,502.64

The landlord attended the hearing. There was no appearance by the tenant.

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?

This was a fixed term tenancy which started on 12 August 2025 and was not due to end until 12 August 2027. However, the tenant could no longer afford the rent and decided to move out in early March.

The landlord found a new tenant to rent the premises from 16 March 2026 and seeks rent arrears owed by the tenant until 15 March 2026 pursuant to the fixed term tenancy agreement.

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 following chattels were missing at the end of the tenancy: the fridge and wardrobe railings. The tenant confirmed to the landlord that the items were taken accidentally by people helping her to move out of the premises. She said that she would return the railings, but she did not do so. In relation to the fridge, she said it was damaged during the move and she disposed of it. She offered to buy the landlord a replacement fridge but did not do so. The landlord intends to replace the items. I consider that it is reasonable to award the landlord compensation for the loss of the items.

Where items require replacement, I must consider 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan

I am satisfied on the evidence that a replacement wardrobe railing will cost $52.49. It is a minor cost, and I consider no depreciation is required. The amount is awarded.

I accept on the evidence that the replacement cost of the same model fridge is $989. The landlord says that the fridge was new when the premises were built 5 years ago. Therefore, the fridge is 5 years old. Current depreciation guidelines estimate the lifetime of a fridge to be 8 years. Therefore, I award the landlord $370 being approximately 37.5% of the replacement costs as compensation and to take depreciation into account.

The amounts ordered are proved.

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.

The following damage was caused during the tenancy: small hole in the wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord fixed the hole for a nominal cost of $15 which is awarded. Other claims

The landlord has other claims against the tenant, including cleaning, turf repairs or replacement; and repairs to front door lock. The landlord was not able to pursue those claims today. I have indicated that the landlord may file a further application, if he wishes to pursue the tenant for any other claims.

As the landlord has succeeded with the claim, he is entitled to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5467163 — net $2,502.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 March 2026	$5,337.15		Rent arrears to 15 March 2026
Compensation for missing fridge	$370.00		Compensation for missing fridge
Compensation for missing wardrobe rails	$52.49		Compensation for missing wardrobe rails
Repairs: Hole in wall	$15.00		Repairs: Hole in wall
Filing fee reimbursement	$28.00		Filing fee reimbursement
Compensation: Bond refund received		$3,300.00	Bond refund received
Total award	$5,802.64	$3,300.00
Net award	$2,502.64
Total payable by Tenant to Landlord	$2,502.64

Order

Chenique Smith must pay Daniel Yeoh $2,502.64 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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?

This was a fixed term tenancy which started on 12 August 2025 and was not due to end until 12 August 2027. However, the tenant could no longer afford the rent and decided to move out in early March.
The landlord found a new tenant to rent the premises from 16 March 2026 and seeks rent arrears owed by the tenant until 15 March 2026 pursuant to the fixed term tenancy agreement.
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 following chattels were missing at the end of the tenancy: the fridge and wardrobe railings. The tenant confirmed to the landlord that the items were taken accidentally by people helping her to move out of the premises. She said that she would return the railings, but she did not do so. In relation to the fridge, she said it was damaged during the move and she disposed of it. She offered to buy the landlord a replacement fridge but did not do so. The landlord intends to replace the items. I consider that it is reasonable to award the landlord compensation for the loss of the items.
Where items require replacement, I must consider 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan
I am satisfied on the evidence that a replacement wardrobe railing will cost $52.49. It is a minor cost, and I consider no depreciation is required. The amount is awarded.
I accept on the evidence that the replacement cost of the same model fridge is $989. The landlord says that the fridge was new when the premises were built 5 years ago. Therefore, the fridge is 5 years old. Current depreciation guidelines estimate the lifetime of a fridge to be 8 years. Therefore, I award the landlord $370 being approximately 37.5% of the replacement costs as compensation and to take depreciation into account.
The amounts ordered are proved.

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.
The following damage was caused during the tenancy: small hole in the wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord fixed the hole for a nominal cost of $15 which is awarded. Other claims
The landlord has other claims against the tenant, including cleaning, turf repairs or replacement; and repairs to front door lock. The landlord was not able to pursue those claims today. I have indicated that the landlord may file a further application, if he wishes to pursue the tenant for any other claims.
As the landlord has succeeded with the claim, he is entitled to reimbursement of the filing fee.

Tenancy Tribunal case 5467163 — Rent arrears at Unit/Flat Unit 1, 42 Cambridge Terrace, Waiwhetu, Lower

At a glance

Tenancy Tribunal case 5467163 — Rent arrears at Unit/Flat Unit 1, 42 Cambridge Terrace, Waiwhetu, Lower

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

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

Frequently asked questions