What was Tenancy Tribunal case 5507412 about?

The tribunal order states: The tenancy of [The tenant/s] at 54A Truro Road, Camborne, Porirua 5026 is

How much money was awarded in case 5507412?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,080.00 awarded to landlord; Letterbox And Deck Post: $626.95 awarded to landlord

What type of tenancy dispute was case 5507412?

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

Where can I read the official tribunal order for case 5507412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13753736-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5507412 about?

The tribunal order states: The tenancy of [The tenant/s] at 54A Truro Road, Camborne, Porirua 5026 is

How much money was awarded in case 5507412?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,080.00 awarded to landlord; Letterbox And Deck Post: $626.95 awarded to landlord

What type of tenancy dispute was case 5507412?

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

Where can I read the official tribunal order for case 5507412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13753736-Tribunal_Order.pdf.

54A Truro Road, Camborne, Porirua 5026 Tenancy Tribunal Case 5507412 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5507412 — net $3,734.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2026	$3,080.00	Rent arrears to 16 June 2026
Repairs: Letterbox and deck post	$626.95	Repairs: Letterbox and deck post
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,734.95
Total payable by Tenant to Landlord	$3,734.95

The landlord attended the hearing on 16 June 2026. The tenant did not attend.

The notice of hearing and application have been posted to the tenant at the tenancy address. This is the tenant’s address for service recorded in the tenancy agreement. I am satisfied the tenant has received appropriate notice of the hearing and failed to attend. The hearing proceeded in the tenant’s absence. 1

The landlord has applied for termination of the tenancy, rent arrears and compensation for repairs.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The landlord filed their application on 15 May 2026. Rent arrears were $1,480.00 (29 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated. 2

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which proves the tenant owes $3,080.00 in rent arrears up to 16 June 2026.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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. 3

Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 4 Analysis

The landlord claims the letterbox and a wooden post supporting the deck were damaged during the tenancy. The landlord claims the tenant drove over the letterbox and hit the deck post at the same time. The landlord submitted 1 Residential Tenancies Act 1986, section 92(1). 2 Residential Tenancies Act 1986, section 55(1)(a). 3 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 4 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. photographs of the letterbox and fence post. The letterbox is on the ground and the fence post is badly dented. The damage appears consistent with the explanation provided by the landlord.

The landlord did not submit any photographs of the letterbox or deck from the beginning of the tenancy but gave evidence that these areas were not broken. I accept the landlord’s evidence.

On the balance of probabilities, I am convinced the letterbox and fence post were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

The landlord submitted an invoice for $626.95 to repair the letterbox and fence post. The landlord’s claim for compensation is granted in full for this amount.

I have considered the principles of betterment and depreciation. The landlord should be returned to the same position they would have been in had the tenant not committed the breach. They must not be any better or worse off. Filing fee

Because [The landlord/s], [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5507412 — net $3,734.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2026	$3,080.00	Rent arrears to 16 June 2026
Repairs: Letterbox and deck post	$626.95	Repairs: Letterbox and deck post
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,734.95
Total payable by Tenant to Landlord	$3,734.95

Order

The tenancy of [The tenant/s] at 54A Truro Road, Camborne, Porirua 5026 is terminated, and possession is granted to [The landlord/s] and [The landlord/s], immediately.
[The tenant/s] must pay [The landlord/s] and [The landlord/s] $3,734.95 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 16 June 2026. The tenant did not attend.
The notice of hearing and application have been posted to the tenant at the tenancy address. This is the tenant’s address for service recorded in the tenancy agreement. I am satisfied the tenant has received appropriate notice of the hearing and failed to attend. The hearing proceeded in the tenant’s absence. 1
The landlord has applied for termination of the tenancy, rent arrears and compensation for repairs.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The landlord filed their application on 15 May 2026. Rent arrears were $1,480.00 (29 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated. 2

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which proves the tenant owes $3,080.00 in rent arrears up to 16 June 2026.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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. 3
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 4 Analysis
The landlord claims the letterbox and a wooden post supporting the deck were damaged during the tenancy. The landlord claims the tenant drove over the letterbox and hit the deck post at the same time. The landlord submitted 1 Residential Tenancies Act 1986, section 92(1). 2 Residential Tenancies Act 1986, section 55(1)(a). 3 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 4 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. photographs of the letterbox and fence post. The letterbox is on the ground and the fence post is badly dented. The damage appears consistent with the explanation provided by the landlord.
The landlord did not submit any photographs of the letterbox or deck from the beginning of the tenancy but gave evidence that these areas were not broken. I accept the landlord’s evidence.
On the balance of probabilities, I am convinced the letterbox and fence post were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $626.95 to repair the letterbox and fence post. The landlord’s claim for compensation is granted in full for this amount.
I have considered the principles of betterment and depreciation. The landlord should be returned to the same position they would have been in had the tenant not committed the breach. They must not be any better or worse off. Filing fee
Because [The landlord/s], [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5507412 — Rent arrears at 54A Truro Road, Camborne, Porirua 5026

At a glance

Tenancy Tribunal case 5507412 — Rent arrears at 54A Truro Road, Camborne, Porirua 5026

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions