What was the outcome of Tenancy Tribunal case 5345625?

The tribunal order states: Nancy Elizabeth Lawson must pay Shelter Realty Limited $658.43 immediately,

How much money was awarded in case 5345625?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $771.43 awarded to landlord; Replace Stove Top: $325.91 awarded to landlord; Water Rates: $18.09 awarded to landlord

What type of tenancy dispute was case 5345625?

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

Where can I read the official tribunal order for case 5345625?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13504927-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5345625?

The tribunal order states: Nancy Elizabeth Lawson must pay Shelter Realty Limited $658.43 immediately,

How much money was awarded in case 5345625?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $771.43 awarded to landlord; Replace Stove Top: $325.91 awarded to landlord; Water Rates: $18.09 awarded to landlord

What type of tenancy dispute was case 5345625?

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

Where can I read the official tribunal order for case 5345625?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13504927-Tribunal_Order.pdf.

9 Central Park Drive, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5345625 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5345625 — net $658.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2025	$771.43	Rent arrears to 31 January 2025
Water rates	$18.09	Water rates
Cleaning	$345.00	Cleaning
Repairs to doors	$1,200.00	Repairs to doors
Replace stove top	$325.91	Replace stove top
Repairs to extractor fan	$300.00	Repairs to extractor fan
Lock/key replacement	$230.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$658.43
Total payable by Tenant to Landlord	$658.43

This is a reserved decision. The hearing for this matter took place on 22 April 2026 at Waitakere District Court. The landlord attended the hearing. The tenant did not attend the hearing.

The tenant ended on 31 January 2024. The landlord’s application was filed on 16 September 2025. As the application was filed more than two months after the end of the tenancy, the usual service rules do not apply.

In circumstances such as this where the application is filed more than two months after the end of the tenancy but within two years of the end of the tenancy, section 91A(2) of the Residential Tenancies Act 1986 (RTA) provides that any notice and other documents shall be served on the tenant: (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf; or (e) if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; ... [emphasis added].

The tenancy agreement records an email address for service for the tenant. I am satisfied that the tenant has been served notice of the hearing at that address and, therefore, in accordance with the requirements of the RTA. The hearing proceeded in the tenant’s absence.

The landlord is seeking rent arrears, unpaid outgoings, compensation and return of the bond.

How much is owed for rent and water rates?

The tenancy ended on 31 January 2024. The landlord provided rent records in the form of a rent ledger and water rates invoices which prove the amount owing at the end of the tenancy.

These claims are proved.

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

Section 40(1)(e)(ii)-(v) of the RTA provides that 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. Section 40(1)(ca) of the RTA provides that the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord has provided an invoice for cleaning of the premises $345.00 (including GST). Having reviewed the photographs of the premises at the end of the tenancy, I am satisfied that a significant amount of cleaning was required and that this sum is reasonable. The landlord has also provided an invoice for lock/key replacement for $230.00 (including GST).

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.

Section 49B(3)(a) of the RTA provides that 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).

Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

Section 49B(1) of the RTA provides that 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.

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: damage to 5 doors; a crack in the glass stove top; and damage to the extractor fan. The landlord has provided photographs showing the premises shortly after the tenancy commenced. These photographs show that the tenancy was in good condition at that time.

The photographs from the end of the tenancy show that 5 doors were damaged including large cracks in the doors and severely damaged door handles. The landlord has also provided photographs showing the stove top and extractor fan were damaged. The damage is more than fair wear and tear. The tenant did not attend the hearing and not proved that the damage was not intentional or careless.

The landlord has provided invoices for the damage. I award the repair costs for the damaged doors and extractor fan.

With regard to the replacement of the stove top, I must take 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.

The stove top needed to be replaced. Stoves have a useful lifespan of around 15 years. 1 The landlord was unable to say the age of the stove. Having reviewed the picture of the stove and that the landlord could not recall when it was replaced, I find that it was at least 7 years old. I award $325.91 after depreciation. Filing fee:

The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5345625 — net $658.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2025	$771.43	Rent arrears to 31 January 2025
Water rates	$18.09	Water rates
Cleaning	$345.00	Cleaning
Repairs to doors	$1,200.00	Repairs to doors
Replace stove top	$325.91	Replace stove top
Repairs to extractor fan	$300.00	Repairs to extractor fan
Lock/key replacement	$230.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$658.43
Total payable by Tenant to Landlord	$658.43

This is a reserved decision. The hearing for this matter took place on 22 April 2026 at Waitakere District Court. The landlord attended the hearing. The tenant did not attend the hearing.

The landlord is seeking rent arrears, unpaid outgoings, compensation and return of the bond.

How much is owed for rent and water rates?

The tenancy ended on 31 January 2024. The landlord provided rent records in the form of a rent ledger and water rates invoices which prove the amount owing at the end of the tenancy.

These claims are proved.

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

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord has provided invoices for the damage. I award the repair costs for the damaged doors and extractor fan.

The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Tenancy Tribunal case 5345625 — Property damage at 9 Central Park Drive, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5345625 — Property damage at 9 Central Park Drive, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with her 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

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with her 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