Tenantcheck Insights · Case study
Tenancy Tribunal case 5351186 — Property damage at 4A Mahana Road, Saint Andrews, Hamilton 3200
Published 9 January 2026 · Application 5351186
Landlord favoured
- Property damage
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hamilton
Tribunal region
Adjudicator
N Maplesden
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,795.63
- Bond payment as ordered
- −$1,053.00
- Total balance for Tenant to pay Landlord
- $2,742.63
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 8/09/2025 | $771.43 | Rent arrears to 8/09/2025 | |
| Carpet Cleaning | $345.00 | Carpet Cleaning | |
| Repairs: and replace damaged interior items | $2,139.50 | Repairs: and replace damaged interior items | |
| Replace missing fibre box and connections | $172.50 | Replace missing fibre box and connections | |
| Replace furnishings: net curtains | $39.20 | Replace furnishings: net curtains | |
| Missing fridge | $100.00 | Missing fridge | |
| Broken washing machine | $50.00 | Broken washing machine | |
| Lock/key replacement: garage remote | $150.00 | Lock/key replacement: garage remote | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,742.63 | ||
| Total payable by Tenant to Landlord | $2,742.63 |
Claims and awards for application 5351186 — net $2,742.63 NZD. Verify on MoJ.
Rent arrears to 8/09/2025
- Amount
- $771.43
- Awarded to
- Landlord
- Reason
- Rent arrears to 8/09/2025
Carpet Cleaning
- Amount
- $345.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Repairs: and replace damaged interior items
- Amount
- $2,139.50
- Awarded to
- Landlord
- Reason
- Repairs: and replace damaged interior items
Replace missing fibre box and connections
- Amount
- $172.50
- Awarded to
- Landlord
- Reason
- Replace missing fibre box and connections
Replace furnishings: net curtains
- Amount
- $39.20
- Awarded to
- Landlord
- Reason
- Replace furnishings: net curtains
Missing fridge
- Amount
- $100.00
- Awarded to
- Landlord
- Reason
- Missing fridge
Broken washing machine
- Amount
- $50.00
- Awarded to
- Landlord
- Reason
- Broken washing machine
Lock/key replacement: garage remote
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement: garage remote
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,742.63
Total payable by Tenant to Landlord
Landlord $2,742.63
Claim types — money lines allowed on this order
Order
- Soane Tuitupou Junior PAILATE must pay Rent Sure Limited $2,742.63 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,053.00 (5515125-007) to Rent Sure Limited immediately.
Reasons
- The landlord attended the hearing held in person on 16 December 2025. The tenant did not attend. I continued the hearing in his absence as notice of the hearing date and time has been sent to the tenant’s email address for service as confirmed by him in writing on the final day of the tenancy.
- 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?
- The tenancy ended on 22 August 2025 by previous order of the Tribunal dated 14 August 2025 under application 5186512. Rent of $1,080.00 owing to the end date was awarded from the bond in that order and has been received by the landlord.
- The tenant did not move out and eviction by bailiff took place on the morning of 9 September 2025. The landlord now seeks payment of the additional rent owed from 23 August 2025 to 8 September 2025.
- The landlord provided rent records which prove the additional amount owing for rent is $771.43. I award this. End of tenancy obligations
- A tenant must leave 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 supplied photographs, oral evidence and invoices which prove that:- a. the tenant did not leave the carpet reasonably clean and that two cleaning and odour treatments were needed (dogs were kept inside); b. unwanted goods and some rubbish were left behind; c. the keys and garage remote were missing, d. the broadband fibre box and a fridge belonging to the landlord were gone.
- I award the amounts proved by the invoices and award $100.00 as an approximate second-value for the missing fridge.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that any 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 damage is careless, the tenant's liability for each event of damage can be no more than four weeks' rent or the amount of the insurance excess (if covered). 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 full loss or cost to the landlord 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.
- The landlord supplied full entry and exit inspection photos. The photos prove the below damage was caused during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. a. Hole smashed through bedroom door required replacement; b. One broken and one missing power point required replacement; c. Broken glass window in kitchen required repair; d. Sunroom hardiboard walls smashed and garage required repair; e. Hole in lounge interior door had been poorly filled so required repair; f. Sliding door lock broken required replacement; g. Sliding door screendoor required repair; h. Exterior single door to garage broken beyond repair required replacement; i. Several dents and some small holes in interior walls required plastering and painting; j. Water damage to floor between hallway and laundry required repair; k. Repair of bent and broken washing line; l. Broken lock on storeroom required replacement; m. The plastic/perspex lid of the washing machine belonging to the landlord was smashed and the landlord said the machine did not go; n. Several net curtains had been torn across and others were missing.
- Most of the interior repair work was done by one contractor and the amounts claimed are extremely reasonable for the work done. I award the invoiced amount.
- I award $50.00 as an estimated second-hand value for the washing machine.
- The net curtains were replaced and cost $117.60. I depreciate these by 67% as they were not new at the start of the tenancy and have a short lifespan. Eviction fees, filing fee, bond, suppression
- The landlord seeks repayment of $267.00 paid for the warrant of eviction. This amount cannot be awarded as part of this order but the landlord can apply for it to be added to the tenant’s debt through the District Court enforcement process (see the contact details on the last page of this order).
- I award the filing fee on this application.
- There is $1,053.00 remaining from the bond and this is refunded to the landlord.
- The balance owing is payable by the tenant.
- The landlord does not seek suppression of its name and there are no grounds to suppress the name of the tenant. No suppression orders apply.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A), s6
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- RENT SURE LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5351186?
The tribunal order states: Soane Tuitupou Junior PAILATE must pay Rent Sure Limited $2,742.63
How much money was awarded in case 5351186?
Broken Washing Machine: $50.00 awarded to landlord; Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Missing Fridge: $100.00 awarded to landlord; Rent Arrears: $771.43 awarded to landlord; Property Damage: $2,139.50 awarded to landlord; Replace Furnishings: Net Curtains: $39.20 awarded to landlord; Replace Missing Fibre Box And Connec…: $172.50 awarded to landlord
What type of tenancy dispute was case 5351186?
The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.
Where can I read the official tribunal order for case 5351186?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12950971-Tenancy_Tribunal_Order.pdf.