Published tribunal order
Tenancy Tribunal case 5491509 — Rent arrears at Unit/Flat Flat 4, 17 Campbell Road, Royal Oak, Auckland
Decided 21 Jul 2026 · Published 21 Jul 2026 · Application 5491509
- Rent arrears
- Property damage
Order
- [The tenant/s] is to pay Auckland Property Management Limited As Agent For Aakash Patel $679.43 from the bond, being rent arrears to the end of the tenancy on 1 July 2026 of $651.43 and reimbursement of the filing fee of $28.00.
- The Bond Centre is to pay $679.43 from the bond of $2,300.00 (BN-10065796) to Auckland Property Management Limited As Agent For Aakash Patel immediately.
- The balance of the bond of $1,620.57 is to remain at the Bond Centre.
Reasons
- Both parties attended the video hearing.
- The landlord has applied for rent arrears, termination, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenancy ended on 1 July 2026 at the expiry of the tenant’s written notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.
- The landlord had asked to have additional claims for compensation to be added to her application. As these were not included in the Notice of Hearing, it was not possible to hear these claims. The landlord will need to file a further application for the Tribunal to hear these claims.
- As discussed at the hearing, the landlord will need to prove on the balance of probabilities that the damage occurred during the tenancy and was not the result of fair wear and tear. The landlord will also need to argue that the damage was either careless damage or intentional damage.
- In support of the landlord’s claims, she will need to provide photographic evidence of the condition of the damaged item and also of its condition at the start of the tenancy. If her claim is for the replacement of carpet, she will need to explain what steps were taken to clean or repair the carpet. As the Tribunal must consider depreciation and betterment, the landlord will need to provide evidence of the cost of the carpet and its age.
- I have also pointed out that a quotation may not accepted as evidence of loss as it does not prove that the landlord has incurred any cost. A paid invoice is clear evidence that a party has incurred a cost and is proof of the exact amount of the landlord’s loss.
- It is often helpful if the landlord can advise details of any insurance claim made. The landlord also will need to confirm the insurance excess.
- The parties indicated that they were happy for the next hearing also to be a video hearing. I recommended that the parties upload or email all of their evidence at least five working days in advance of the next hearing.
- Once the landlord has filed its further application, the parties will be advised of the date and time of the next hearing.
- Because Auckland Property Management Limited As Agent For Aakash Patel has substantially succeeded with the claim I have reimbursed the filing fee.