Tenantcheck Insights · Case study
Tenancy Tribunal case 5391563 — Rent arrears at 63 Wallace Street, Grasmere, Invercargill 9810
Published 26 March 2026 · Application 5391563
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Invercargill
Tribunal region
Adjudicator
M Brennan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,210.31
- Total balance for Tenant to pay Landlord
- $4,210.31
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 13 January 2026 | $3,467.78 | Rent arrears to 13 January 2026 | |
| Window repairs | $155.62 | Window repairs | |
| Repairs: Cooktop replacement - depreciated | $558.91 | Repairs: Cooktop replacement - depreciated | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,210.31 | ||
| Total payable by Tenant to Landlord | $4,210.31 |
Claims and awards for application 5391563 — net $4,210.31 NZD. Verify on MoJ.
Rent arrears to 13 January 2026
- Amount
- $3,467.78
- Awarded to
- Landlord
- Reason
- Rent arrears to 13 January 2026
Window repairs
- Amount
- $155.62
- Awarded to
- Landlord
- Reason
- Window repairs
Repairs: Cooktop replacement - depreciated
- Amount
- $558.91
- Awarded to
- Landlord
- Reason
- Repairs: Cooktop replacement - depreciated
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $4,210.31
Total payable by Tenant to Landlord
Landlord $4,210.31
Claim types — money lines allowed on this order
Order
- Aroha Anne Te Ata must pay Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott $4,210.31 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $1,680.00 has already been released to the landlord and accounted for in the final rent arrears total.
How much is owed for rent?
- The tenancy ended on 13 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered, with the bond applied. The final rent arrears of $3,467.78 is awarded.
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 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. The excess applicable here was $750.00.
- 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: a. Cracked door glass. The landlord provided a photo of a cracked glass pane in the entry door. It had been taped to secure the glass but required replacement. An invoice established the replacement cost, the photograph proves the damage. The invoice of $155.62 is awarded in full. b. Broken cooktop. The previous cooktop was replaced during the tenancy in 2023. By the end of the tenancy the replacement ceramic top was in poor condition, with cracks and impact damage apparent in the photos provided. The landlord has it replaced at a cost of $894.25. The tenant accepted liability via an email to the landlord. Given its age and expected economic life of eight years, I had to consider betterment and depreciation. As explained at the hearing, 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 cooktop at the start of the tenancy and their likely useful lifespan. This means the loss to be awarded is $558.91
- “Fair wear and tear” has been described as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.
- In Nixon v Geal-Otter DC North Shore, 30 January 1996, [1996] RTHNZ 2, 1996 WL 35049225, Judge Thorburn stated: Adjudicators and the Court must be careful to recognise that in any tenancy there will be a deterioration of condition because of fair wear and tear. It can be no other way. Mere use of premises will by the law of inevitability produce a deterioration of condition.
- The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. Filing fee
- Because Southland Property Solutions Limited As The Agent For Maurice & Sarah Scott has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B(3)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5391563?
The tribunal order states: Aroha Anne Te Ata must pay Southland Property Solutions Limited As The
How much money was awarded in case 5391563?
Filing Fee: $28.00 awarded to landlord; Property Damage: $155.62 awarded to landlord; Rent Arrears: $3,467.78 awarded to landlord; Property Damage: $558.91 awarded to landlord
What type of tenancy dispute was case 5391563?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5391563?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353208-Tenancy_Tribunal_Order.pdf.