What was Tenancy Tribunal case 5474134 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Wolfbrook Property Management

How much money was awarded in case 5474134?

Filing Fee: $28.00 awarded to landlord; Power Charges: $1,081.02 awarded to landlord; Remediation Costs: $3,915.18 awarded to landlord; Rent Arrears: $1,006.42 awarded to landlord

What type of tenancy dispute was case 5474134?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5474134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813107-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5474134 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Wolfbrook Property Management

How much money was awarded in case 5474134?

Filing Fee: $28.00 awarded to landlord; Power Charges: $1,081.02 awarded to landlord; Remediation Costs: $3,915.18 awarded to landlord; Rent Arrears: $1,006.42 awarded to landlord

What type of tenancy dispute was case 5474134?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5474134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813107-Tenancy_Tribunal_Order.pdf.

103 Hampshire Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5474134 — Rent arrears

Claims and awards in Tenancy Tribunal application 5474134 — net $4,870.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 20 October 2025	$1,006.42	Rent arrears as of 20 October 2025
Power charges	$1,081.02	Power charges
Remediation costs	$3,915.18	Remediation costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,870.62
Total payable by Tenant to Landlord	$4,870.62

Order

[The tenant/s] and [The tenant/s] must pay Wolfbrook Property Management Limited $4,870.62 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,160.00 (3593370-023) to Wolfbrook Property Management Limited immediately. Description Landlord Rent arrears as of 20 October 2025 $1,006.42 Power charges $1,081.02 Remediation costs $3,915.18 Filing fee reimbursement $28.00 Total award $6,030.62 Minus bond -$1,160.00 Total payable by Tenant to Landlord $4,870.62 5474134 2

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing today. I am satisfied that the tenants have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 5 February 2017, the two co-tenants were Faamoe Ah Kau and [The tenant/s].
The tenancy was terminated by the Tribunal on the grounds that the tenants had abandoned the premises. The Tribunal’s order dated 20 October 2025 recorded that the landlord found the premises abandoned as of 6 October 2025, and had been informed that the tenants had moved to Australia.
The landlord now applies to the Tribunal for the wash up orders in relation to the tenancy.

LANDLORDS CLAIMS

At the hearing, the landlord confirmed their claims are as follows: a. Rent arrears b. Power charges c. Damage and cleaning costs d. Filing fee e. Bond release.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html?src=qs 5474134 3
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
It is the applicant that must prove their case. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: … [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

I will now consider the landlords claims in turn. Claim 1 – Rent arrears
The landlord claims rent arrears of $1,006.42, being rent arrears as of the date the termination was ordered. This is established and ordered in full. Claim 2 – Power charge
The landlord has claimed power for the premises which were being charged to the landlord. The bill provided on 7 August 2025 is for $1,081.02. I accept this is power used by this tenancy; the tenants have not disputed otherwise, so this is ordered in full. Claim 3 – Damage and remediation
The landlord states there was extensive rubbish around the house. The front door was smashed. Extensive cleaning was needed, the gardens were overgrown, carpets needed cleaning, wall holes needed repair. 5474134 4
In support of the claim, the landlord refers to an invoice from Express Building & Maintenance dated 22 March 2026. That records the following work being completed: a. Rubbish removal, including appliances b. Wall hole repairs c. Cleaning d. Ground work e. Replacement of front door glass
The landlord has also provided extensive photographs, supporting the claim. Having reviewed those photographs, I find: a. The front door appears to have a broken glass pane. b. The premises are very dirty. c. Holes can be seen in interior walls. d. There was extensive rubbish throughout the premises. e. The gardens were extensively overgrown. f. There were appliances and various other tenant goods abandoned on the premises.
In short, I am satisfied that the work charged by Express Building & Maintenance, matches the work that would have been necessary given the photographs.
As far as the cleaning is concerned, the RTA requires that tenants return the premises reasonably clean and tidy, the tenants did not achieve that, and so they must be liable for the cleaning and rubbish removal claims. The amounts claimed are commensurate with the work that would be needed, and are ordered in full.
In relation to the repairs, if damage occurs to the Tenancy that is beyond fair wear and tear, and that damage occurs during the tenancy, then it is for the tenant to prove that the damage was not careless or intentional damage. As it relates to the repairs to the internal walls, and replacing the glass, I accept that damage occurred during the tenancy; it is not fair wear and tear, and the tenants have not proven it was anything other than careless or intentional damage. That means the tenants are liable for the full cost to repair that damage. 5474134 5

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

Claims and awards in Tenancy Tribunal application 5474134 — net $4,870.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 20 October 2025	$1,006.42	Rent arrears as of 20 October 2025
Power charges	$1,081.02	Power charges
Remediation costs	$3,915.18	Remediation costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,870.62
Total payable by Tenant to Landlord	$4,870.62

Order

[The tenant/s] and [The tenant/s] must pay Wolfbrook Property Management Limited $4,870.62 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,160.00 (3593370-023) to Wolfbrook Property Management Limited immediately. Description Landlord Rent arrears as of 20 October 2025 $1,006.42 Power charges $1,081.02 Remediation costs $3,915.18 Filing fee reimbursement $28.00 Total award $6,030.62 Minus bond -$1,160.00 Total payable by Tenant to Landlord $4,870.62 5474134 2

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing today. I am satisfied that the tenants have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 5 February 2017, the two co-tenants were Faamoe Ah Kau and [The tenant/s].
The tenancy was terminated by the Tribunal on the grounds that the tenants had abandoned the premises. The Tribunal’s order dated 20 October 2025 recorded that the landlord found the premises abandoned as of 6 October 2025, and had been informed that the tenants had moved to Australia.
The landlord now applies to the Tribunal for the wash up orders in relation to the tenancy.

LANDLORDS CLAIMS

At the hearing, the landlord confirmed their claims are as follows: a. Rent arrears b. Power charges c. Damage and cleaning costs d. Filing fee e. Bond release.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html?src=qs 5474134 3
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
It is the applicant that must prove their case. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: … [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

I will now consider the landlords claims in turn. Claim 1 – Rent arrears
The landlord claims rent arrears of $1,006.42, being rent arrears as of the date the termination was ordered. This is established and ordered in full. Claim 2 – Power charge
The landlord has claimed power for the premises which were being charged to the landlord. The bill provided on 7 August 2025 is for $1,081.02. I accept this is power used by this tenancy; the tenants have not disputed otherwise, so this is ordered in full. Claim 3 – Damage and remediation
The landlord states there was extensive rubbish around the house. The front door was smashed. Extensive cleaning was needed, the gardens were overgrown, carpets needed cleaning, wall holes needed repair. 5474134 4
In support of the claim, the landlord refers to an invoice from Express Building & Maintenance dated 22 March 2026. That records the following work being completed: a. Rubbish removal, including appliances b. Wall hole repairs c. Cleaning d. Ground work e. Replacement of front door glass
The landlord has also provided extensive photographs, supporting the claim. Having reviewed those photographs, I find: a. The front door appears to have a broken glass pane. b. The premises are very dirty. c. Holes can be seen in interior walls. d. There was extensive rubbish throughout the premises. e. The gardens were extensively overgrown. f. There were appliances and various other tenant goods abandoned on the premises.
In short, I am satisfied that the work charged by Express Building & Maintenance, matches the work that would have been necessary given the photographs.
As far as the cleaning is concerned, the RTA requires that tenants return the premises reasonably clean and tidy, the tenants did not achieve that, and so they must be liable for the cleaning and rubbish removal claims. The amounts claimed are commensurate with the work that would be needed, and are ordered in full.
In relation to the repairs, if damage occurs to the Tenancy that is beyond fair wear and tear, and that damage occurs during the tenancy, then it is for the tenant to prove that the damage was not careless or intentional damage. As it relates to the repairs to the internal walls, and replacing the glass, I accept that damage occurred during the tenancy; it is not fair wear and tear, and the tenants have not proven it was anything other than careless or intentional damage. That means the tenants are liable for the full cost to repair that damage. 5474134 5

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

Tenancy Tribunal case 5474134 — Rent arrears at 103 Hampshire Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5474134 — Rent arrears at 103 Hampshire Street, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

LANDLORDS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

LANDLORDS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions