Tenantcheck Insights · Case study
Tenancy Tribunal case 5393930 — Rent arrears at 43 Saffron Street, Birkdale, Auckland 0626
Published 13 March 2026 · Application 5393930
- Rent arrears
- Property damage
- Cleanliness
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,486.07
- Total balance for Tenant to pay Landlord
- $5,486.07
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $3,271.42 | Rent arrears | |
| Water rates | $1,158.95 | Water rates | |
| Replace smoke alarms | $51.84 | Replace smoke alarms | |
| Window repairs | $251.36 | Window repairs | |
| Cleaning | $454.25 | Cleaning | |
| Repairs | $270.25 | Repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $5,486.07 | ||
| Total payable by Tenant to Landlord | $5,486.07 |
Claims and awards for application 5393930 — net $5,486.07 NZD. Verify on MoJ.
Rent arrears
- Amount
- $3,271.42
- Awarded to
- Landlord
- Reason
- Rent arrears
Water rates
- Amount
- $1,158.95
- Awarded to
- Landlord
- Reason
- Water rates
Replace smoke alarms
- Amount
- $51.84
- Awarded to
- Landlord
- Reason
- Replace smoke alarms
Window repairs
- Amount
- $251.36
- Awarded to
- Landlord
- Reason
- Window repairs
Cleaning
- Amount
- $454.25
- Awarded to
- Landlord
- Reason
- Cleaning
Repairs
- Amount
- $270.25
- Awarded to
- Landlord
- Reason
- Repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $5,486.07
Total payable by Tenant to Landlord
Landlord $5,486.07
Claim types — money lines allowed on this order
Order
- Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited As Agent For Katharina Schnier $5,486.07 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,271.42 Water rates$1,158.95 Replace smoke alarms$51.84 Window repairs$251.36 Cleaning$454.25 Repairs$270.25 Filing fee reimbursement$28.00 Total award$5,486.07 Total payable by Tenant to Landlord$5,486.07
Reasons
- The landlord attended the video hearing.
- The landlord has applied for rent arrears, compensation 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 23 September 2025. 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence that there were areas in the property which had not been cleaned satisfactorily, the tenant had left behind some items in cupboards and drawers, together with a recycling bin that had been filled with rubbish which required disposal.
- Three smoke alarms were missing at the end of the tenancy.
- 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 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.
- 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. 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 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. See section 49B(1) RTA.
- 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. A window in bedroom 2 was broken. b. There was a hole in the wall of bedroom 2 which required professional plastering. c. A towel rail required resecuring to the wall. d. The hinges on the door to bedroom 2 required repair.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless and the amounts claimed are less than the landlord’s insurance excess.
- The amounts ordered are proved.
- Because Viaduct City Rentals Limited As Agent For Katharina Schnier 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(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: smoke alarms
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5393930?
The tribunal order states: Brooke Mercedes Alexandra Matthews must pay Viaduct City Rentals Limited
How much money was awarded in case 5393930?
Cleaning: $454.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $251.36 awarded to landlord; Property Damage: $270.25 awarded to landlord; Rent Arrears: $3,271.42 awarded to landlord; Smoke Alarms: $51.84 awarded to landlord; Water Rates: $1,158.95 awarded to landlord
What type of tenancy dispute was case 5393930?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness, Smoke alarms.
Where can I read the official tribunal order for case 5393930?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283223-Tenancy_Tribunal_Order.pdf.