What was Tenancy Tribunal case 5514049 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Opes Property Management North

How much money was awarded in case 5514049?

Betterment: $252.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $3,254.50 awarded to landlord; Water Rates: $175.15 awarded to landlord

What type of tenancy dispute was case 5514049?

The dispute type was not classified.

Where can I read the official tribunal order for case 5514049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14010992-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5514049 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Opes Property Management North

How much money was awarded in case 5514049?

Betterment: $252.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $3,254.50 awarded to landlord; Water Rates: $175.15 awarded to landlord

What type of tenancy dispute was case 5514049?

The dispute type was not classified.

Where can I read the official tribunal order for case 5514049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14010992-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 25, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5514049 — Tenancy dispute

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Unit/Flat Unit 25, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5514049 — Tenancy dispute | 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 5514049 — net $3,710.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
betterment	$252.50	betterment
Water rates	$175.15	Water rates
Rubbish removal	$3,254.50	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,710.15
Total payable by Tenant to Landlord	$3,710.15

Claims and awards for application 5514049 — net $3,710.15 NZD. Verify on MoJ.

betterment

Amount: $252.50
Awarded to: Landlord
Reason: betterment

Water rates

Amount: $175.15
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $3,254.50
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,710.15

Total payable by Tenant to Landlord

Landlord $3,710.15

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal Water Rates

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Opes Property Management North Limited As Agent For Andrew & Kere Bennett $3,710.15 immediately, calculated as shown in table below. DescriptionLandlord Water rates$175.15 Rubbish removal$3,254.50 Repairs: Bedroom 2 wall (reduced by $150 for betterment) $252.50 Filing fee reimbursement$28.00 Total award$3,710.15 Total payable by Tenant to Landlord$3,710.15

Reasons

The hearing was conducted via video conference.
Ms Barlow, the property manager, attended the hearing on behalf of the landlord.
A Tongan interpreter was present, but neither tenant was contactable by teleconference. I attempted to call their respective cell phone numbers, but there was no answer, and no one answered the calls.
Ms Barlow told me that her last communication with the tenants by email was on 27 May 2026, before the tenants vacated the premises on 6 June 2026.
Ms Barlow further informed me that the bond had been refunded to the landlord. However, the bond was insufficient to cover all the costs the landlord is seeking.
The landlord has applied for water arrears, and compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 09 June 2026. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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.
Ms Barlow submitted an exit inspection report dated 10 June 2026. I viewed the contents of the report.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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 following damage was caused during the tenancy: a. Bedroom 2 wall
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Opes Property Management North Limited As Agent For Andrew & Kere Bennett has wholly succeeded with the claim I must reimburse the filing fee.

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 5514049 — net $3,710.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
betterment	$252.50	betterment
Water rates	$175.15	Water rates
Rubbish removal	$3,254.50	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,710.15
Total payable by Tenant to Landlord	$3,710.15

Claims and awards for application 5514049 — net $3,710.15 NZD. Verify on MoJ.

betterment

Amount: $252.50
Awarded to: Landlord
Reason: betterment

Water rates

Amount: $175.15
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $3,254.50
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,710.15

Total payable by Tenant to Landlord

Landlord $3,710.15

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal Water Rates

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Opes Property Management North Limited As Agent For Andrew & Kere Bennett $3,710.15 immediately, calculated as shown in table below. DescriptionLandlord Water rates$175.15 Rubbish removal$3,254.50 Repairs: Bedroom 2 wall (reduced by $150 for betterment) $252.50 Filing fee reimbursement$28.00 Total award$3,710.15 Total payable by Tenant to Landlord$3,710.15

Reasons

The hearing was conducted via video conference.
Ms Barlow, the property manager, attended the hearing on behalf of the landlord.
A Tongan interpreter was present, but neither tenant was contactable by teleconference. I attempted to call their respective cell phone numbers, but there was no answer, and no one answered the calls.
Ms Barlow told me that her last communication with the tenants by email was on 27 May 2026, before the tenants vacated the premises on 6 June 2026.
Ms Barlow further informed me that the bond had been refunded to the landlord. However, the bond was insufficient to cover all the costs the landlord is seeking.
The landlord has applied for water arrears, and compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 09 June 2026. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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.
Ms Barlow submitted an exit inspection report dated 10 June 2026. I viewed the contents of the report.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

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 following damage was caused during the tenancy: a. Bedroom 2 wall
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Opes Property Management North Limited As Agent For Andrew & Kere Bennett has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5514049 — Tenancy dispute at Unit/Flat Unit 25, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5514049 — Tenancy dispute at Unit/Flat Unit 25, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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.