How much money was awarded in case 5500291?

Break Lease Fee: $596.85 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Water Rates: $216.10 awarded to landlord

What type of tenancy dispute was case 5500291?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5500291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13975810-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5500291?

Break Lease Fee: $596.85 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Water Rates: $216.10 awarded to landlord

What type of tenancy dispute was case 5500291?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5500291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13975810-Tenancy_Tribunal_Order.pdf.

Flat 2, 33 O'Shannessey Street, Papakura, Papakura 2110 Tenancy Tribunal Case 5500291 — Rent arrears

Q: What was Tenancy Tribunal case 5500291 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Compass Property Management Limited As Agent For

Order

Claims and awards in Tenancy Tribunal application 5500291 — net $540.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 May 2026	$1,350.00	Rent arrears as at 7 May 2026
Water rates as at 7 May 2026	$216.10	Water rates as at 7 May 2026
Cleaning	$150.00	Cleaning
Break lease fee	$596.85	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$540.95
Total payable by Tenant to Landlord	$540.95

[The tenant/s] tenant/s] must pay Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz $540.95 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,800.00 (BN-00152083) to Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz immediately.

Reasons

Both parties attended the hearing which was held by video conference.

The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 7 May 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy – see the table above.

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 landlord makes a claim for cleaning amounting to $276.00.

The photographs provided do not support this amount of cleaning needing to be done in order for it to have been left reasonably clean. I have therefore reduced the amount payable by the tenant for cleaning to $150.00.

Is the tenant responsible for the damage to the carpet?

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.

The landlord states that the lounge carpet was damaged during the tenancy with what looks to be cigarette burns.

They provided photos of the carpet before the tenant moved in and an inspection report at this time which advises that the carpet was new and had no marks. The tenant had signed this inspection report. Photos taken at the end of the tenancy show marks which look like round cigarette burn marks.

As the applicant, the landlord is required to prove their claim on the balance of probabilities. In this case that would mean that the landlord needs to show that more likely than not the carpet damage occurred during this tenancy.

I find that for this part of the claim the landlord has not been able to prove their claim to the required standard.

I say this for reasons that include: (a) The photographs taken of the lounge carpet at the beginning of the tenancy are all taken from some distance and would not have shown the marks; and (b) While I accept that the tenant signed the initial property inspection report which stated that there were no marks on the carpet, the fact is that these marks are small and may well not have been noticed by the tenant; and (c) I accept that the tenant does not smoke. Further to this point, there was no evidence of smoking at the tenancy. Break lease fee

This was a fixed term tenancy which was due to expire on 25 September 2026. On 7 April 2026 the tenant advised that he wished to vacate the tenancy early and he was advised by the landlord that he would need to pay a break lease fee as per the terms of the tenancy agreement.

On 13 April 2026 the tenant sent a notice of termination to the landlord.

On 25 May 2026 he was advised as to the cost of breaking the lease.

The tenant says that he ought not to have to pay the break lease fee because: (a) He was advised of the end of tenancy costs on 15 May 2026 and these costs did not include the break lease fee; and (b) He had to leave the premises early because there was so much noise at night that he could not sleep.

Because Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz has wholly succeeded with the claim I must reimburse the filing fee. or

Because Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz has substantially succeeded with the claim I have reimbursed the filing fee. C ter Haar 30 July 2026

Claims and awards in Tenancy Tribunal application 5500291 — net $540.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 May 2026	$1,350.00	Rent arrears as at 7 May 2026
Water rates as at 7 May 2026	$216.10	Water rates as at 7 May 2026
Cleaning	$150.00	Cleaning
Break lease fee	$596.85	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$540.95
Total payable by Tenant to Landlord	$540.95

Order

[The tenant/s] tenant/s] must pay Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz $540.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (BN-00152083) to Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz immediately.

Reasons

Both parties attended the hearing which was held by video conference.
The landlord has applied for rent arrears, water rates, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 7 May 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy – see the table above.

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 landlord makes a claim for cleaning amounting to $276.00.
The photographs provided do not support this amount of cleaning needing to be done in order for it to have been left reasonably clean. I have therefore reduced the amount payable by the tenant for cleaning to $150.00.

Is the tenant responsible for the damage to the carpet?

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.
The landlord states that the lounge carpet was damaged during the tenancy with what looks to be cigarette burns.
They provided photos of the carpet before the tenant moved in and an inspection report at this time which advises that the carpet was new and had no marks. The tenant had signed this inspection report. Photos taken at the end of the tenancy show marks which look like round cigarette burn marks.
As the applicant, the landlord is required to prove their claim on the balance of probabilities. In this case that would mean that the landlord needs to show that more likely than not the carpet damage occurred during this tenancy.
I find that for this part of the claim the landlord has not been able to prove their claim to the required standard.
I say this for reasons that include: (a) The photographs taken of the lounge carpet at the beginning of the tenancy are all taken from some distance and would not have shown the marks; and (b) While I accept that the tenant signed the initial property inspection report which stated that there were no marks on the carpet, the fact is that these marks are small and may well not have been noticed by the tenant; and (c) I accept that the tenant does not smoke. Further to this point, there was no evidence of smoking at the tenancy. Break lease fee
This was a fixed term tenancy which was due to expire on 25 September 2026. On 7 April 2026 the tenant advised that he wished to vacate the tenancy early and he was advised by the landlord that he would need to pay a break lease fee as per the terms of the tenancy agreement.
On 13 April 2026 the tenant sent a notice of termination to the landlord.
On 25 May 2026 he was advised as to the cost of breaking the lease.
The tenant says that he ought not to have to pay the break lease fee because: (a) He was advised of the end of tenancy costs on 15 May 2026 and these costs did not include the break lease fee; and (b) He had to leave the premises early because there was so much noise at night that he could not sleep.
Because Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz has wholly succeeded with the claim I must reimburse the filing fee. or
Because Compass Property Management Limited As Agent For Aninemolloy@Xtra.Co.Nz has substantially succeeded with the claim I have reimbursed the filing fee. C ter Haar 30 July 2026

Tenancy Tribunal case 5500291 — Rent arrears at Flat 2, 33 O'Shannessey Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5500291 — Rent arrears at Flat 2, 33 O'Shannessey Street, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the carpet?

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

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.