What was Tenancy Tribunal case 5471969 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Elite Property

How much money was awarded in case 5471969?

Cleaning: $621.00 awarded to landlord; Compensation: reimburse excessive ga…: $300.00 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $127.85 awarded to landlord; Property Damage: $310.50 awarded to landlord; Water Rates: $219.70 awarded to landlord

What type of tenancy dispute was case 5471969?

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

Where can I read the official tribunal order for case 5471969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13901459-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5471969 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Elite Property

How much money was awarded in case 5471969?

Cleaning: $621.00 awarded to landlord; Compensation: reimburse excessive ga…: $300.00 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $127.85 awarded to landlord; Property Damage: $310.50 awarded to landlord; Water Rates: $219.70 awarded to landlord

What type of tenancy dispute was case 5471969?

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

Where can I read the official tribunal order for case 5471969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13901459-Tenancy_Tribunal_Order.pdf.

179 Gills Road, Half Moon Bay, Auckland 2014 Tenancy Tribunal Case 5471969 — Cleanliness

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179 Gills Road, Half Moon Bay, Auckland 2014 Tenancy Tribunal Case 5471969 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5471969 — net $1,007.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 11 March 2026	$127.85		Rent arrears to 11 March 2026
Cleaning	$621.00		Cleaning
Water rates	$219.70		Water rates
Repairs: patch repairs to carpet	$310.50		Repairs: patch repairs to carpet
Filing fee reimbursement	$28.00		Filing fee reimbursement
Compensation: reimburse excessive gas charges due to dancing flames		$300.00	reimburse excessive gas charges due to dancing flames
Total award	$1,307.05	$300.00
Net award	$1,007.05
Bond	$3,580.00
Total payable by Tenant to Landlord	$1,007.05

Claims and awards for application 5471969 — net $1,007.05 NZD. Verify on MoJ.

Rent arrears to 11 March 2026

Amount: $127.85
Awarded to: Landlord
Reason: Rent arrears to 11 March 2026

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $219.70
Awarded to: Landlord
Reason: Water rates

Repairs: patch repairs to carpet

Amount: $310.50
Awarded to: Landlord
Reason: Repairs: patch repairs to carpet

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] and [The tenant/s] to pay Elite Property Management Limited As Agent For Guy & Karen 2016 NZ Ltd $1,007.05 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,580.00 (5578396-005) immediately apportioned as follows: Elite Property Management Limited As Agent For Guy & Karen 2016 NZ Ltd: $1,007.05 [The tenant/s] and [The tenant/s]: $2,572.95

Reasons

Both parties 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.
The tenant has applied for reimbursement of gas charges due to the Masport gas fire not working properly.

How much is owed for rent and water rates?

The tenancy ended on 11 March 2026 after the keys were handed back on that date. Rent should be charged to that date accordingly.
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 did not leave the premises reasonably clean and tidy.
The amounts ordered are proved.
While cleaning was undertaken by the landlord on 12 March, I decline to award the landlord a further day’s rent because there should be a buffer in-between tenancies so that landlord’s cannot expect the property to be immediately re-let the day after the end of the current tenancy.

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.
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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I decline the landlord’s claim for reimbursement of gas-fitter’s costs to inspect the fireplace after the tenant’s complaint of a gas leak. The tenant was reasonably alarmed at the high gas/power charges and was advised by the gas supplier to have the gas fireplace checked. There being no negligence on part of the tenant, the landlord should shoulder the gas fitter’s charges. The gasfitter confirms that there was no leak.
The gasfitter however had earlier confirmed that the gas fireplace was not working as efficiently as the gas appliance should be.
In their 17 June 2025 email to the landlord, Marine and Domestic Gas Ltd states of their inspection of the Masport gas fireplace as follows: a. The flames on this fire were “dancing” rather than being strong and steady. b. The fire shuts down occasionally which happened multiple times even while the tradesperson was there. c. The reason for the flames dancing is due to the age of the fire (probably 20+ years). Overtime the burner ports expand and contract due to the heat changes and it allows too much gas through which in turn leads to poor flames that are dancing. d. There is nothing we can do about this.
A landlord has obligations under section 45 of the Residential Tenancies Act 1986. Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
While the Masport fire is not unsafe, it should be operated and be in good working order, which includes being reasonably efficient as a heat source to keep occupants warm.
I find from the Marine and Domestic Gas Ltd’s assessment that “too much gas” usage is required due to the less-than efficient gas fire system in place.
I award the tenant a modest reimbursement of their gas charges to recognise this failure to meet the s45 obligations on part of the landlord. That said, I also recognise that it is not possible to come up with an exact measure of loss under the circumstances.
Only the amounts awarded are proved.
I award the filing fee to the landlord, and direct the bond to the divided between the parties as set out above.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5471969 — net $1,007.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 11 March 2026	$127.85		Rent arrears to 11 March 2026
Cleaning	$621.00		Cleaning
Water rates	$219.70		Water rates
Repairs: patch repairs to carpet	$310.50		Repairs: patch repairs to carpet
Filing fee reimbursement	$28.00		Filing fee reimbursement
Compensation: reimburse excessive gas charges due to dancing flames		$300.00	reimburse excessive gas charges due to dancing flames
Total award	$1,307.05	$300.00
Net award	$1,007.05
Bond	$3,580.00
Total payable by Tenant to Landlord	$1,007.05

Claims and awards for application 5471969 — net $1,007.05 NZD. Verify on MoJ.

Rent arrears to 11 March 2026

Amount: $127.85
Awarded to: Landlord
Reason: Rent arrears to 11 March 2026

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $219.70
Awarded to: Landlord
Reason: Water rates

Repairs: patch repairs to carpet

Amount: $310.50
Awarded to: Landlord
Reason: Repairs: patch repairs to carpet

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] and [The tenant/s] to pay Elite Property Management Limited As Agent For Guy & Karen 2016 NZ Ltd $1,007.05 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,580.00 (5578396-005) immediately apportioned as follows: Elite Property Management Limited As Agent For Guy & Karen 2016 NZ Ltd: $1,007.05 [The tenant/s] and [The tenant/s]: $2,572.95

Reasons

Both parties 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.
The tenant has applied for reimbursement of gas charges due to the Masport gas fire not working properly.

How much is owed for rent and water rates?

The tenancy ended on 11 March 2026 after the keys were handed back on that date. Rent should be charged to that date accordingly.
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 did not leave the premises reasonably clean and tidy.
The amounts ordered are proved.
While cleaning was undertaken by the landlord on 12 March, I decline to award the landlord a further day’s rent because there should be a buffer in-between tenancies so that landlord’s cannot expect the property to be immediately re-let the day after the end of the current tenancy.

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.
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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I decline the landlord’s claim for reimbursement of gas-fitter’s costs to inspect the fireplace after the tenant’s complaint of a gas leak. The tenant was reasonably alarmed at the high gas/power charges and was advised by the gas supplier to have the gas fireplace checked. There being no negligence on part of the tenant, the landlord should shoulder the gas fitter’s charges. The gasfitter confirms that there was no leak.
The gasfitter however had earlier confirmed that the gas fireplace was not working as efficiently as the gas appliance should be.
In their 17 June 2025 email to the landlord, Marine and Domestic Gas Ltd states of their inspection of the Masport gas fireplace as follows: a. The flames on this fire were “dancing” rather than being strong and steady. b. The fire shuts down occasionally which happened multiple times even while the tradesperson was there. c. The reason for the flames dancing is due to the age of the fire (probably 20+ years). Overtime the burner ports expand and contract due to the heat changes and it allows too much gas through which in turn leads to poor flames that are dancing. d. There is nothing we can do about this.
A landlord has obligations under section 45 of the Residential Tenancies Act 1986. Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
While the Masport fire is not unsafe, it should be operated and be in good working order, which includes being reasonably efficient as a heat source to keep occupants warm.
I find from the Marine and Domestic Gas Ltd’s assessment that “too much gas” usage is required due to the less-than efficient gas fire system in place.
I award the tenant a modest reimbursement of their gas charges to recognise this failure to meet the s45 obligations on part of the landlord. That said, I also recognise that it is not possible to come up with an exact measure of loss under the circumstances.
Only the amounts awarded are proved.
I award the filing fee to the landlord, and direct the bond to the divided between the parties as set out above.

Tenancy Tribunal case 5471969 — Cleanliness at 179 Gills Road, Half Moon Bay, Auckland 2014

At a glance

Tenancy Tribunal case 5471969 — Cleanliness at 179 Gills Road, Half Moon Bay, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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