What was Tenancy Tribunal case 5480934 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5480934?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5480934?

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

Where can I read the official tribunal order for case 5480934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13736042-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5480934 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5480934?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5480934?

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

Where can I read the official tribunal order for case 5480934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13736042-Tribunal_Order_Redacted.pdf.

Unit/Flat 402, 69 Hall Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 5480934 — Rent arrears

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.

How much is owed for rent?

The tenancy was for a fixed term due to end on 30/9/2026. The tenant requested an early end to the contract and the landlord agreed on the condition that he pay the rent until a new tenancy started (and the costs associated with breaking the lease). The new tenancy started on 30/5.

The landlord provided rent records which prove the amount owing at the end of the tenancy on 29/5/2026.

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. No claim is made for professional carpet cleaning. The landlord said this is because the tenant disputed that some stains occurred during his tenancy, and the landlord decided not to proceed with any claim against the tenant.

The tenant did not return the swipe card keys, but no claim is made for the cost of replacements and he has agreed to return the swipe cards now (and should do so as soon as possible).

The amount ordered for cleaning is 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.

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.

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.

The following damage was caused during the tenancy: a windowpane in the sliding door was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the request for name suppression.

The tenant’s request for name suppression was opposed by the landlord and is declined. The public interest is in favour of publication given the large debt owed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.

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.

How much is owed for rent?

The tenancy was for a fixed term due to end on 30/9/2026. The tenant requested an early end to the contract and the landlord agreed on the condition that he pay the rent until a new tenancy started (and the costs associated with breaking the lease). The new tenancy started on 30/5.
The landlord provided rent records which prove the amount owing at the end of the tenancy on 29/5/2026.

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. No claim is made for professional carpet cleaning. The landlord said this is because the tenant disputed that some stains occurred during his tenancy, and the landlord decided not to proceed with any claim against the tenant.
The tenant did not return the swipe card keys, but no claim is made for the cost of replacements and he has agreed to return the swipe cards now (and should do so as soon as possible).
The amount ordered for cleaning is 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.
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.
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.
The following damage was caused during the tenancy: a windowpane in the sliding door was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the request for name suppression.
The tenant’s request for name suppression was opposed by the landlord and is declined. The public interest is in favour of publication given the large debt owed.

Tenancy Tribunal case 5480934 — Rent arrears at Unit/Flat 402, 69 Hall Avenue, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5480934 — Rent arrears at Unit/Flat 402, 69 Hall Avenue, Mangere, Auckland 2022

At a glance

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

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