What was Tenancy Tribunal case 5488649 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited

How much money was awarded in case 5488649?

Cleaning: $390.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $454.25 awarded to landlord; Property Damage: $585.93 awarded to landlord; Rent Arrears: $2,521.70 awarded to landlord; Replace Kitchen Plug: $8.18 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 5488649?

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

Where can I read the official tribunal order for case 5488649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14113134-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5488649 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited

How much money was awarded in case 5488649?

Cleaning: $390.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $454.25 awarded to landlord; Property Damage: $585.93 awarded to landlord; Rent Arrears: $2,521.70 awarded to landlord; Replace Kitchen Plug: $8.18 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 5488649?

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

Where can I read the official tribunal order for case 5488649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14113134-Tenancy_Tribunal_Order.pdf.

37F Flanshaw Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5488649 — Rent arrears

Tenantcheck Insights

37F Flanshaw Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5488649 — Rent arrears | 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 5488649 — net $5,302.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a	$2,521.70	Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a
Cleaning	$414.00	Cleaning
Rubbish removal	$900.00	Rubbish removal
Carpet cleaning	$390.00	Carpet cleaning
Lock/key replacement	$454.25	Lock/key replacement
Replace kitchen plug	$8.18	Replace kitchen plug
Repair garage lock and replace broken paver	$585.93	Repair garage lock and replace broken paver
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,302.06
Total payable by Tenant to Landlord	$5,302.06

Claims and awards for application 5488649 — net $5,302.06 NZD. Verify on MoJ.

Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a

Amount: $2,521.70
Awarded to: Landlord
Reason: Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $900.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $390.00
Awarded to: Landlord
Reason: Carpet cleaning

Lock/key replacement

Amount: $454.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Zoe & Jeffrey Mccrone $5,302.06 immediately, calculated as shown in the table below:
This order incorporates the Tribunal order made on 27 March 2026 under application 5434188.

Reasons

The hearing took place at Waitakere District Court. Ms Williams and Ms Burnie, representatives of the landlord’s agent, attended the hearing for the landlord.
The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why they would not attend the hearing. The hearing proceeded in the tenant’s absence.
On 27 March 2026, the Tribunal issued an Order (application: 5434188) terminating the tenancy and granting possession of the premises to the landlord on 30 March 2026. The Tribunal also awarded the landlord rent arrears of $4,873.57 up to 30 March 2026 and water rates of $380.13 up to 20 March 2026 and reimbursement of the filing fee.
The Order provided that after payment of the bond to the landlord, the tenant was to pay the landlord $2,521.70. The landlord advised that this sum has not been paid. The sum owing of $2,521.70 is incorporated into this Order for enforcement purposes.
Following the end of the tenancy, the landlord has applied for rent arrears and water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. At the start of the hearing, the landlord withdrew some of their claims, including their claims for unpaid water rates and rent arrears for the period after 30 March 2026.

Did the tenant comply with their obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord is claiming $414.00 (including GST) to clean the premises, $390.00 to clean the carpet including stain and odour removal, and $900.00 (including GST) for rubbish removal.
The landlord advised that the premises was new at the start of the tenancy in September 2025. The landlord provided an ingoing inspection report showing that the carpet was in new condition at the start of the tenancy. The landlord also provided an exit report and photographs from the end of the tenancy. The photographs show that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I accept that there was a significant amount of rubbish left at the premises and a significant amount of cleaning required.
The landlord has also provided photographs showing that the carpet was stained. The landlord said that the carpet also required cleaning to remove a strong smell of cigarette odour.
The tenant did not return all of the keys provided at the start of the tenancy, including the garage remote. The landlord is claiming $454.25 (including GST) to replace the missing keys and the garage remote.
The landlord is also claiming for a kitchen plug that was removed from the premises.
Having reviewed the evidence, including the invoices provided by the landlord, I am satisfied that the sums claimed are reasonable.
These claims are proved, and I order: $414.00 (including GST) for general cleaning; $390.00 (including GST) for carpet cleaning; $900.00 (including GST) to remove the rubbish; $454.25 (including GST) to replace the missing keys and the garage remote; and $8.18 (including GST) to replace the missing plug.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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 had claimed for broken window stains, a broken clothesline and damage to the paintwork on the garage walls. These claims were withdrawn at the hearing.
The landlord is claiming $585.93 (including GST) to repair an internal lock and and replace a broken paver. The landlord has provided photographs from the start and the end of the tenancy and an invoice to support this claim.
I am satisfied that the damage was caused during the tenancy. The tenant did not attend the hearing and has not disproved that the damage was not intentional or careless.
I award $585.93 (including GST) for this damage. Filing fee and suppression:
The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
Having been wholly successful with the claim, the landlord is entitled to name suppression. However, they do not seek it, and no such orders are made.

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 5488649 — net $5,302.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a	$2,521.70	Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a
Cleaning	$414.00	Cleaning
Rubbish removal	$900.00	Rubbish removal
Carpet cleaning	$390.00	Carpet cleaning
Lock/key replacement	$454.25	Lock/key replacement
Replace kitchen plug	$8.18	Replace kitchen plug
Repair garage lock and replace broken paver	$585.93	Repair garage lock and replace broken paver
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,302.06
Total payable by Tenant to Landlord	$5,302.06

Claims and awards for application 5488649 — net $5,302.06 NZD. Verify on MoJ.

Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a

Amount: $2,521.70
Awarded to: Landlord
Reason: Previous order application 5434188 dated 27/03/2026 for rent arrears up to and including 30.03.2026, water rates up to a

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $900.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $390.00
Awarded to: Landlord
Reason: Carpet cleaning

Lock/key replacement

Amount: $454.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Zoe & Jeffrey Mccrone $5,302.06 immediately, calculated as shown in the table below:
This order incorporates the Tribunal order made on 27 March 2026 under application 5434188.

Reasons

The hearing took place at Waitakere District Court. Ms Williams and Ms Burnie, representatives of the landlord’s agent, attended the hearing for the landlord.
The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why they would not attend the hearing. The hearing proceeded in the tenant’s absence.
On 27 March 2026, the Tribunal issued an Order (application: 5434188) terminating the tenancy and granting possession of the premises to the landlord on 30 March 2026. The Tribunal also awarded the landlord rent arrears of $4,873.57 up to 30 March 2026 and water rates of $380.13 up to 20 March 2026 and reimbursement of the filing fee.
The Order provided that after payment of the bond to the landlord, the tenant was to pay the landlord $2,521.70. The landlord advised that this sum has not been paid. The sum owing of $2,521.70 is incorporated into this Order for enforcement purposes.
Following the end of the tenancy, the landlord has applied for rent arrears and water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. At the start of the hearing, the landlord withdrew some of their claims, including their claims for unpaid water rates and rent arrears for the period after 30 March 2026.

Did the tenant comply with their obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord is claiming $414.00 (including GST) to clean the premises, $390.00 to clean the carpet including stain and odour removal, and $900.00 (including GST) for rubbish removal.
The landlord advised that the premises was new at the start of the tenancy in September 2025. The landlord provided an ingoing inspection report showing that the carpet was in new condition at the start of the tenancy. The landlord also provided an exit report and photographs from the end of the tenancy. The photographs show that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I accept that there was a significant amount of rubbish left at the premises and a significant amount of cleaning required.
The landlord has also provided photographs showing that the carpet was stained. The landlord said that the carpet also required cleaning to remove a strong smell of cigarette odour.
The tenant did not return all of the keys provided at the start of the tenancy, including the garage remote. The landlord is claiming $454.25 (including GST) to replace the missing keys and the garage remote.
The landlord is also claiming for a kitchen plug that was removed from the premises.
Having reviewed the evidence, including the invoices provided by the landlord, I am satisfied that the sums claimed are reasonable.
These claims are proved, and I order: $414.00 (including GST) for general cleaning; $390.00 (including GST) for carpet cleaning; $900.00 (including GST) to remove the rubbish; $454.25 (including GST) to replace the missing keys and the garage remote; and $8.18 (including GST) to replace the missing plug.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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.
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 had claimed for broken window stains, a broken clothesline and damage to the paintwork on the garage walls. These claims were withdrawn at the hearing.
The landlord is claiming $585.93 (including GST) to repair an internal lock and and replace a broken paver. The landlord has provided photographs from the start and the end of the tenancy and an invoice to support this claim.
I am satisfied that the damage was caused during the tenancy. The tenant did not attend the hearing and has not disproved that the damage was not intentional or careless.
I award $585.93 (including GST) for this damage. Filing fee and suppression:
The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
Having been wholly successful with the claim, the landlord is entitled to name suppression. However, they do not seek it, and no such orders are made.

Tenancy Tribunal case 5488649 — Rent arrears at 37F Flanshaw Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5488649 — Rent arrears at 37F Flanshaw Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

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

Reduce avoidable tribunal risk with proper tenant checks.