Tenantcheck Insights · Case study
Tenancy Tribunal case 5376841 — Rent arrears at 39 Lewisham Street, Highland Park, Auckland 2010
Published 18 March 2026 · Application 5376841
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Tam
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $15,100.85
- Bond payment as ordered
- −$1,620.00
- Total balance for Tenant to pay Landlord
- $13,480.85
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 October 2026 | $10,020.00 | Rent arrears to 8 October 2026 | |
| Water rates | $967.85 | Water rates | |
| Carpet Cleaning | $322.00 | Carpet Cleaning | |
| Pest control | $138.00 | Pest control | |
| Repairs: walls, carpet replacement (limited to 4 weeks’ rent | $2,160.00 | Repairs: walls, carpet replacement (limited to 4 weeks’ rent | |
| Repairs: fireplace glass door | $150.00 | Repairs: fireplace glass door | |
| Lock/key replacement: sliding door | $120.00 | Lock/key replacement: sliding door | |
| Repairs: garage door | $995.00 | Repairs: garage door | |
| Rubbish removal | $200.00 | Rubbish removal | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $13,480.85 | ||
| Total payable by Tenant to Landlord | $13,480.85 |
Claims and awards for application 5376841 — net $13,480.85 NZD. Verify on MoJ.
Rent arrears to 8 October 2026
- Amount
- $10,020.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 8 October 2026
Water rates
- Amount
- $967.85
- Awarded to
- Landlord
- Reason
- Water rates
Carpet Cleaning
- Amount
- $322.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Pest control
- Amount
- $138.00
- Awarded to
- Landlord
- Reason
- Pest control
Repairs: walls, carpet replacement (limited to 4 weeks’ rent
- Amount
- $2,160.00
- Awarded to
- Landlord
- Reason
- Repairs: walls, carpet replacement (limited to 4 weeks’ rent
Repairs: fireplace glass door
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- Repairs: fireplace glass door
Lock/key replacement: sliding door
- Amount
- $120.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement: sliding door
Repairs: garage door
- Amount
- $995.00
- Awarded to
- Landlord
- Reason
- Repairs: garage door
Rubbish removal
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $13,480.85
Total payable by Tenant to Landlord
Landlord $13,480.85
Claim types — money lines allowed on this order
Order
- Stephen Bruce must pay Yu Zou $13,480.85 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,620.00 (3207474-007) to Yu Zou immediately.
Reasons
- Only the landlord attended the hearing.
- 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 ended on 8 October 2026. The landlord provided rent records and water rates invoices which prove the amount 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. See section 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 tenant did not return the sliding door key.
- The amounts ordered are proved.
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. 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.
- The following damage was caused during the tenancy: walls, carpet, fireplace and garage door and garage door electronics. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I have taken 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.
- In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The carpet is 10 years old and almost fully depreciated.
- The landlord’s insurance had lapsed in early 2025. Pursuant to section 49B(3)(b) RTA, I limit the tenant's liability on the landlord’s claim for damages of over $7,000 to four weeks' rent.
- Only the amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s10, s40(1), s40(2), s49B(3)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5376841?
The tribunal order states: Stephen Bruce must pay Yu Zou $13,480.85 immediately, calculated as shown
How much money was awarded in case 5376841?
Cleaning: $322.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Pest Control: $138.00 awarded to landlord; Rent Arrears: $10,020.00 awarded to landlord; Fireplace Glass Door: $150.00 awarded to landlord; Garage Door: $995.00 awarded to landlord; Property Damage: $2,160.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $967.85 awarded to landlord
What type of tenancy dispute was case 5376841?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5376841?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13305155-Tribunal_Order.pdf.