Tenantcheck Insights · Case study
Tenancy Tribunal case 5367262 — Rent arrears at 16 Trelawney Road, Wainuiomata, Lower Hutt 5014
Published 27 January 2026 · Application 5367262
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Lower Hutt
Tribunal region
Adjudicator
J Greene
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,062.08
- Bond payment as ordered
- −$2,460.00
- Total balance for Tenant to pay Landlord
- $1,602.08
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 28 September 2025 | $1,277.14 | Rent arrears to 28 September 2025 | |
| Replace back bedroom carpet - 50% depreciated | $490.00 | Replace back bedroom carpet - 50% depreciated | |
| Cleaning and rubbish removal | $2,266.94 | Cleaning and rubbish removal | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,602.08 | ||
| Total payable by Tenant to Landlord | $1,602.08 |
Claims and awards for application 5367262 — net $1,602.08 NZD. Verify on MoJ.
Rent arrears to 28 September 2025
- Amount
- $1,277.14
- Awarded to
- Landlord
- Reason
- Rent arrears to 28 September 2025
Replace back bedroom carpet - 50% depreciated
- Amount
- $490.00
- Awarded to
- Landlord
- Reason
- Replace back bedroom carpet - 50% depreciated
Cleaning and rubbish removal
- Amount
- $2,266.94
- Awarded to
- Landlord
- Reason
- Cleaning and rubbish removal
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,602.08
Total payable by Tenant to Landlord
Landlord $1,602.08
Claim types — money lines allowed on this order
Order
- Zachary Smits must pay Wolfbrook Property Management Limited as agent for Marie-Josee and Benjamin Amadi $1,602.08 immediately, calculated as shown in table below:
- The Bond Centre is to pay the bond of $2,460.00 (3573148-009) to Wolfbrook Property Management Limited as agent for Marie-Josee and Benjamin Amadi immediately.
Reasons
- Ms Moore represented the landlord. The tenant did not attend the hearing. I conducted the hearing by video/phone. My call to the tenant went to voicemail.
- 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 28 September 2025. The landlord provided rent records which prove the amount of rent 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 1 .
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Considerable work was required as detailed in the invoice produced in evidence.
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 2 .
- The carpet in the back bedroom was damaged by animal soiling. Carpet cleaning could not remove the smell. The carpet had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I have considered 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. I have depreciated the 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) 2 See sections 40(2)(a), 41 and 49B RTA claim for carpet replacement by 50%. The carpet was about 10 years old and would be considered depreciated by about one-half at that age.
- I have awarded the landlord the filing fee as the application is successful.
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)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5367262?
The tribunal order states: Zachary Smits must pay Wolfbrook Property Management Limited as agent for
How much money was awarded in case 5367262?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,277.14 awarded to landlord; Replace Back Bedroom Carpet - 50% De…: $490.00 awarded to landlord; Rubbish Removal: $2,266.94 awarded to landlord
What type of tenancy dispute was case 5367262?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5367262?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13027774-Tenancy_Tribunal_Order.pdf.