What was Tenancy Tribunal case 5484602 about?

The tribunal order states: [The tenant/s] to pay Wecro Nz Logistics Limited $228.57 from the

How much money was awarded in case 5484602?

Rent Arrears: $228.57 awarded to landlord

What type of tenancy dispute was case 5484602?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5484602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13843995-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5484602 about?

The tribunal order states: [The tenant/s] to pay Wecro Nz Logistics Limited $228.57 from the

How much money was awarded in case 5484602?

Rent Arrears: $228.57 awarded to landlord

What type of tenancy dispute was case 5484602?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5484602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13843995-Tenancy_Tribunal_Order.pdf.

479 Te Atatu Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5484602 — Rent arrears

Claims and awards in Tenancy Tribunal application 5484602 — net $228.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$228.57	Rent arrears by consent
Net award	$228.57
Bond	$3,000.00
Total payable by Tenant to Landlord	$228.57

Order

[The tenant/s] to pay Wecro Nz Logistics Limited $228.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6221028-004) immediately apportioned as follows: Wecro Nz Logistics Limited: $228.57 [The tenant/s]: $2,771.43
The claims relating to carpet cleaning, curtain repair and rubbish removal are dismissed.

Reasons

Both parties attended the hearing via remote video conference.
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 tenancy started on 23 September 2018 and ended on 23 March 2026.
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
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.

How much is owed for rent?

The tenancy ended on 23 March 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy.
During the hearing the tenant confirmed that she accepts the claim for outstanding rent.
Accordingly, the claim for rent arrears is established and ordered by consent.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord says that the carpet required professional cleaning. They further claim that the tenant left rubbish behind which had to be removed.
The problem the landlord faces is the lack of evidence provided in support of these claims. They have failed to provide entry and exit inspection reports which confirm the condition of the premises at the start of the tenancy in September 2018 and at the end of the tenancy in March 2026.
The only evidence provided by the landlord is as follows: • Photograph of a garden bed • An undated photograph of garden trees • An invoice from Lucky13 Limited dated 1 April 2026 for carpet cleaning • An undated photograph of a ranch slider • A photograph of a receipt from Spotlight for $93.00.
The landlord has not provided entry and exit inspection reports in support of their claims and because of this the Tribunal is unable to determine the condition of the carpet and curtains at the start and end of the tenancy. The landlord has also failed to provide an actual expense claim in respect of rubbish removal. There are also no photographs of rubbish left behind at the property.
The landlord says that they cannot provide links to the Tribunal. The landlord also asked why the Tribunal did not ask them for further evidence prior to the hearing.
As stated to the landlord during the hearing it is the responsibility of the applicant to provide the required evidence in support of all claims prior to the hearing. It is also not the roll of the Tribunal to chase an applicant for evidence in support of a particular claim.
Accordingly, in the absence of evidence the claims in respect of carpet cleaning and rubbish removal are dismissed.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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 landlord claims that the following damage was caused during the tenancy: damage to curtains.
As recorded above the landlord has failed to provide proper evidence in support of this claim. The Tribunal was not provided with evidence confirming the existence, and condition of curtains at the start and end of the tenancy. The only evidence was a photograph of a ranch slider and a receipt from Spotlight.
In the absence of evidence, the claim relating to curtain repair must also be dismissed.
The landlord has not been wholly or substantially successful with their application. I therefore make no award reimbursing the filing fee. For the same reasons I also do not grant the landlord’s request for name suppression.

Claims and awards in Tenancy Tribunal application 5484602 — net $228.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$228.57	Rent arrears by consent
Net award	$228.57
Bond	$3,000.00
Total payable by Tenant to Landlord	$228.57

Order

[The tenant/s] to pay Wecro Nz Logistics Limited $228.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6221028-004) immediately apportioned as follows: Wecro Nz Logistics Limited: $228.57 [The tenant/s]: $2,771.43
The claims relating to carpet cleaning, curtain repair and rubbish removal are dismissed.

Reasons

Both parties attended the hearing via remote video conference.
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 tenancy started on 23 September 2018 and ended on 23 March 2026.
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
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.

How much is owed for rent?

The tenancy ended on 23 March 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy.
During the hearing the tenant confirmed that she accepts the claim for outstanding rent.
Accordingly, the claim for rent arrears is established and ordered by consent.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord says that the carpet required professional cleaning. They further claim that the tenant left rubbish behind which had to be removed.
The problem the landlord faces is the lack of evidence provided in support of these claims. They have failed to provide entry and exit inspection reports which confirm the condition of the premises at the start of the tenancy in September 2018 and at the end of the tenancy in March 2026.
The only evidence provided by the landlord is as follows: • Photograph of a garden bed • An undated photograph of garden trees • An invoice from Lucky13 Limited dated 1 April 2026 for carpet cleaning • An undated photograph of a ranch slider • A photograph of a receipt from Spotlight for $93.00.
The landlord has not provided entry and exit inspection reports in support of their claims and because of this the Tribunal is unable to determine the condition of the carpet and curtains at the start and end of the tenancy. The landlord has also failed to provide an actual expense claim in respect of rubbish removal. There are also no photographs of rubbish left behind at the property.
The landlord says that they cannot provide links to the Tribunal. The landlord also asked why the Tribunal did not ask them for further evidence prior to the hearing.
As stated to the landlord during the hearing it is the responsibility of the applicant to provide the required evidence in support of all claims prior to the hearing. It is also not the roll of the Tribunal to chase an applicant for evidence in support of a particular claim.
Accordingly, in the absence of evidence the claims in respect of carpet cleaning and rubbish removal are dismissed.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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 landlord claims that the following damage was caused during the tenancy: damage to curtains.
As recorded above the landlord has failed to provide proper evidence in support of this claim. The Tribunal was not provided with evidence confirming the existence, and condition of curtains at the start and end of the tenancy. The only evidence was a photograph of a ranch slider and a receipt from Spotlight.
In the absence of evidence, the claim relating to curtain repair must also be dismissed.
The landlord has not been wholly or substantially successful with their application. I therefore make no award reimbursing the filing fee. For the same reasons I also do not grant the landlord’s request for name suppression.

Tenancy Tribunal case 5484602 — Rent arrears at 479 Te Atatu Road, Te Atatu Peninsula, Auckland 0610

At a glance

Award balance

Tenancy Tribunal case 5484602 — Rent arrears at 479 Te Atatu Road, Te Atatu Peninsula, Auckland 0610

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

Property management

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

Property management

Frequently asked questions