What was the outcome of Tenancy Tribunal case 5088848?

The tribunal order states: The Bond Centre is to pay the bond of $228.61 (5532559-002) to Cotswold

How much money was awarded in case 5088848?

Cleaning: $50.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $268.41 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $927.14 awarded to landlord; Water Rates: $25.32 awarded to landlord

What type of tenancy dispute was case 5088848?

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

Where can I read the official tribunal order for case 5088848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11841781-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5088848?

The tribunal order states: The Bond Centre is to pay the bond of $228.61 (5532559-002) to Cotswold

How much money was awarded in case 5088848?

Cleaning: $50.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $268.41 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $927.14 awarded to landlord; Water Rates: $25.32 awarded to landlord

What type of tenancy dispute was case 5088848?

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

Where can I read the official tribunal order for case 5088848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11841781-Tenancy_Tribunal_Order.pdf.

28 Serwayne Place, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 5088848 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5088848 — net $2,327.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024 (11 days	$927.14	Rent arrears to 14 October 2024 (11 days
Water rates to 14 October 2024	$25.32	Water rates to 14 October 2024
Eviction warrant	$258.00	Eviction warrant
Lock/key replacement	$268.41	Lock/key replacement
Cleaning	$50.00	Cleaning
Fire damage repairs (insurance excess	$1,000.00	Fire damage repairs (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,327.26
Total payable by Tenant to Landlord	$2,327.26

The Bond Centre is to pay the bond of $228.61 (5532559-002) to Cotswold Property Management Limited (T/A Quinovic Property Management) immediately.

Kim Deborah Nixon must pay Cotswold Property Management Limited (T/A Quinovic Property Management) $2,327.26 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Lange and Mr Morton. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation, refund 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 was terminated by order of the Tribunal TT4986930 on 3 October 2024 on the basis that the tenant had caused substantial damage to the property by starting a fire in the garage. Possession was granted to the landlord at 11.59pm on 3 October 2024 and rent arrears were ordered to that date.

The tenant did not vacate as ordered and the landlord obtained an Eviction Warrant which was executed on 14 October 2025.

The landlord seeks rent from 4 October 2025 to 14 October 2025. The landlord has provided rent records proving the amount owing, in the amount of $927.14.

The claim for rent arrears is proved.

The landlord also sought additional water rates to 14 October 2025. These were proved by invoice dated 15 October 2025, in the amount of $25.32.

The claim for water arrears is proved.

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 says that the tenant did not leave the property reasonably clean and tidy and provided an exit inspection report showing the condition of the property. The landlord provided an invoice for cleaning in the amount of $287.50.

The photos attached to the exit inspection report were fairly small and so it was difficult to clearly see the condition of the property. After hearing from the landlord and reviewing the photos I am satisfied that the laundry tub was not cleaned out properly, the skirtings and windowsills were not cleaned and the woodburner needed cleaning. In making my assessment of the condition of the property I am mindful of the fact that this was a longstanding tenancy of over 10 years and that a deep clean was likely to be required in any event.

I estimate that a reasonable amount for cleaning the areas that are proven not to have left to be reasonably clean and tidy to be $50.00 and I order compensation to the landlord in that amount.

The tenant did not return the keys for either the front or back door and so these had to be replaced following execution of the Eviction Warrant. The landlord produced an invoice in the amount of $268.41 for changing the locks. I consider this invoice to be reasonable and order that the tenant pay compensation to the landlord for the entire amount.

The landlord is also entitled to the cost of obtaining the Eviction Warrant, as proved by invoice in the amount of $258.00.

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 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 landlord explained that there was such extensive fire damage to the garage that it had to be completely replaced, and electrical wiring had to be replaced and that repairs were required to the house where the guttering and soffit had been damaged (photos provided).

The landlord’s insurer has responded to the claim and has applied and excess of $1,000.00. The landlord produced a copy of the scope of works and excess fee.

I am satisfied that the damage occurred during the tenancy, is more than fair wear and tear and was caused by the tenant. I order that the tenant compensate the landlord for the excess fee of $1,000.

The landlord also sought compensation for various repair to gib, plastering sanding and painting in the amount of $2,539.20 and provided an invoice proving that amount. The landlord provided exit inspection photos but did produce any evidence which proved that the damage occurred during the tenancy (for example photos, entry condition report or correspondence with the tenant).

In the circumstances I am unable to find that the damage was caused during the tenancy. The claim for repairs is not proven and is dismissed. Filing fee and name suppression

Because Cotswold Property Management Limited (T/A Quinovic Property Management) has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.

The landlord confirmed at the hearing that they did not seek an order for name suppression.

Claims and awards in Tenancy Tribunal application 5088848 — net $2,327.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024 (11 days	$927.14	Rent arrears to 14 October 2024 (11 days
Water rates to 14 October 2024	$25.32	Water rates to 14 October 2024
Eviction warrant	$258.00	Eviction warrant
Lock/key replacement	$268.41	Lock/key replacement
Cleaning	$50.00	Cleaning
Fire damage repairs (insurance excess	$1,000.00	Fire damage repairs (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,327.26
Total payable by Tenant to Landlord	$2,327.26

Order

The Bond Centre is to pay the bond of $228.61 (5532559-002) to Cotswold Property Management Limited (T/A Quinovic Property Management) immediately.
Kim Deborah Nixon must pay Cotswold Property Management Limited (T/A Quinovic Property Management) $2,327.26 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Lange and Mr Morton. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, refund 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 was terminated by order of the Tribunal TT4986930 on 3 October 2024 on the basis that the tenant had caused substantial damage to the property by starting a fire in the garage. Possession was granted to the landlord at 11.59pm on 3 October 2024 and rent arrears were ordered to that date.
The tenant did not vacate as ordered and the landlord obtained an Eviction Warrant which was executed on 14 October 2025.
The landlord seeks rent from 4 October 2025 to 14 October 2025. The landlord has provided rent records proving the amount owing, in the amount of $927.14.
The claim for rent arrears is proved.
The landlord also sought additional water rates to 14 October 2025. These were proved by invoice dated 15 October 2025, in the amount of $25.32.
The claim for water arrears is proved.

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 says that the tenant did not leave the property reasonably clean and tidy and provided an exit inspection report showing the condition of the property. The landlord provided an invoice for cleaning in the amount of $287.50.
The photos attached to the exit inspection report were fairly small and so it was difficult to clearly see the condition of the property. After hearing from the landlord and reviewing the photos I am satisfied that the laundry tub was not cleaned out properly, the skirtings and windowsills were not cleaned and the woodburner needed cleaning. In making my assessment of the condition of the property I am mindful of the fact that this was a longstanding tenancy of over 10 years and that a deep clean was likely to be required in any event.
I estimate that a reasonable amount for cleaning the areas that are proven not to have left to be reasonably clean and tidy to be $50.00 and I order compensation to the landlord in that amount.
The tenant did not return the keys for either the front or back door and so these had to be replaced following execution of the Eviction Warrant. The landlord produced an invoice in the amount of $268.41 for changing the locks. I consider this invoice to be reasonable and order that the tenant pay compensation to the landlord for the entire amount.
The landlord is also entitled to the cost of obtaining the Eviction Warrant, as proved by invoice in the amount of $258.00.

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 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 landlord explained that there was such extensive fire damage to the garage that it had to be completely replaced, and electrical wiring had to be replaced and that repairs were required to the house where the guttering and soffit had been damaged (photos provided).
The landlord’s insurer has responded to the claim and has applied and excess of $1,000.00. The landlord produced a copy of the scope of works and excess fee.
I am satisfied that the damage occurred during the tenancy, is more than fair wear and tear and was caused by the tenant. I order that the tenant compensate the landlord for the excess fee of $1,000.
The landlord also sought compensation for various repair to gib, plastering sanding and painting in the amount of $2,539.20 and provided an invoice proving that amount. The landlord provided exit inspection photos but did produce any evidence which proved that the damage occurred during the tenancy (for example photos, entry condition report or correspondence with the tenant).
In the circumstances I am unable to find that the damage was caused during the tenancy. The claim for repairs is not proven and is dismissed. Filing fee and name suppression
Because Cotswold Property Management Limited (T/A Quinovic Property Management) has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.
The landlord confirmed at the hearing that they did not seek an order for name suppression.

Tenancy Tribunal case 5088848 — Property damage at 28 Serwayne Place, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 5088848 — Property damage at 28 Serwayne Place, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Dismissed claims

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 premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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 premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions