What was the outcome of Tenancy Tribunal case 5112952?

The tribunal order states: NW Property Management Limited to pay Hilda Andrew $1,075.50 immediately,

How much money was awarded in case 5112952?

Cleaning: $250.00 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord; Unpaid Power Bills: $804.07 awarded to landlord

What type of tenancy dispute was case 5112952?

The primary dispute was Rent arrears. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5112952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539794-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5112952?

The tribunal order states: NW Property Management Limited to pay Hilda Andrew $1,075.50 immediately,

How much money was awarded in case 5112952?

Cleaning: $250.00 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord; Unpaid Power Bills: $804.07 awarded to landlord

What type of tenancy dispute was case 5112952?

The primary dispute was Rent arrears. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5112952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539794-Tenancy_Tribunal_Order.pdf.

13 Julian Place, Otara, Auckland 2023 Tenancy Tribunal Case 5112952 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5112952. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 December 2024	$1,371.43	Rent arrears to 16 December 2024
Unpaid power bills	$804.07	Unpaid power bills
Cleaning mould	$250.00	Cleaning mould

NW Property Management Limited to pay Hilda Andrew $1,075.50 immediately, calculated as follows: DescriptionLandlord Rent arrears to 16 December 2024 $1,371.43 Unpaid power bills$804.07 Cleaning mould$250.00 Total award$2,425.50 Minus Bond- $1,350.00 Tenant to pay$1,075.50

Bond Services is to pay the Bond of $1,350.00 to NW Property Management Limited immediately.

Reasons

The Landlord attended the hearing by phone. The Tenant did not answer when called on the number provided.

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 power?

The tenancy ended on 16 December 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy.

There are unpaid power charges of $804.07, which the Property Manager says the Landlord paid accidentally. The power bills provided by the Landlord are in the Tenant’s name and I order that she pay the unpaid amount.

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 s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish, the Landlord claims.

Given the length of this tenancy (23/03/17 to 24/12/24), the absence of any pre- tenancy inspection report (two inspection reports from 2023 and 2024, showing the home to have damage, and cleanliness issues), it is hard for me to establish what condition the premises were in at the start of the tenancy and how the Tenant has maintained the cleanliness of the premises.

The Landlord claims the cost of cleaning mould from the bathroom ceiling and walls, stating that the Tenant did not ventilate the premises properly. The pictures of the bathroom do show extensive mould growth. This is an old home, and it needs maintenance (repairs to walls, and interior timber elements), whether due to the Tenant’s occupation or fair wear and tear, which cannot be established on the evidence. Consequently, I award $250.00 toward cleaning costs as claimed by the Landlord.

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.

I have insufficient evidence and submissions concerning any damage to the premises which would enable me to make reliable findings. I have asked the registry to request photographs taken at the commencement of the tenancy. No response has been received, and I have made my final determination.

Claims and awards in Tenancy Tribunal application 5112952. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 December 2024	$1,371.43	Rent arrears to 16 December 2024
Unpaid power bills	$804.07	Unpaid power bills
Cleaning mould	$250.00	Cleaning mould

Order

NW Property Management Limited to pay Hilda Andrew $1,075.50 immediately, calculated as follows: DescriptionLandlord Rent arrears to 16 December 2024 $1,371.43 Unpaid power bills$804.07 Cleaning mould$250.00 Total award$2,425.50 Minus Bond- $1,350.00 Tenant to pay$1,075.50
Bond Services is to pay the Bond of $1,350.00 to NW Property Management Limited immediately.

Reasons

The Landlord attended the hearing by phone. The Tenant did not answer when called on the number provided.
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 power?

The tenancy ended on 16 December 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy.
There are unpaid power charges of $804.07, which the Property Manager says the Landlord paid accidentally. The power bills provided by the Landlord are in the Tenant’s name and I order that she pay the unpaid amount.

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 s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish, the Landlord claims.
Given the length of this tenancy (23/03/17 to 24/12/24), the absence of any pre- tenancy inspection report (two inspection reports from 2023 and 2024, showing the home to have damage, and cleanliness issues), it is hard for me to establish what condition the premises were in at the start of the tenancy and how the Tenant has maintained the cleanliness of the premises.
The Landlord claims the cost of cleaning mould from the bathroom ceiling and walls, stating that the Tenant did not ventilate the premises properly. The pictures of the bathroom do show extensive mould growth. This is an old home, and it needs maintenance (repairs to walls, and interior timber elements), whether due to the Tenant’s occupation or fair wear and tear, which cannot be established on the evidence. Consequently, I award $250.00 toward cleaning costs as claimed by the Landlord.

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.
I have insufficient evidence and submissions concerning any damage to the premises which would enable me to make reliable findings. I have asked the registry to request photographs taken at the commencement of the tenancy. No response has been received, and I have made my final determination.

Tenancy Tribunal case 5112952 — Rent arrears at 13 Julian Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5112952 — Rent arrears at 13 Julian Place, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and power?

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

Claims & awards

Order

Reasons

How much is owed for rent and power?

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