What was the outcome of Tenancy Tribunal case 5402628?

The tribunal order states: Desmond George Leslie and Desmond Hohepa to pay PR Property

How much money was awarded in case 5402628?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 5402628?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5402628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13231932-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5402628?

The tribunal order states: Desmond George Leslie and Desmond Hohepa to pay PR Property

How much money was awarded in case 5402628?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 5402628?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5402628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13231932-Tenancy_Tribunal_Order.pdf.

43 Rathgar Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5402628 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5402628 — net $2,483.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.10.2025	$1,950.00	Rent arrears to 26.10.2025
Lock/key replacement	$255.00	Lock/key replacement
Lawns and Garden work	$250.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,483.00
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,483.00

Desmond George Leslie and Desmond Hohepa to pay PR Property Management Limited As Agents For Subash Shrestha $2,483.00 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,600.00 (3468211-005) immediately apportioned as follows: PR Property Management Limited As Agents For Subash Shrestha: $2,483.00 Desmond George Leslie and Desmond Hohepa: $117.00

The claim for cleaning is withdrawn by the landlord.

Reasons

Both parties attended the hearing by video and telephone conference with Mr Narayanaraja representing the landlord and Mr Desmond George Leslie representing both tenants.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The tenancy agreement signed by the parties shows that the tenancy start date was 4 December 2023. However, the landlord only charged rent from 25 December 2023.

Mr Leslie says that he and his son did not move into the property on 4 December 2023 and he thinks they moved in 2 weeks later. He also advised that when they moved in, the lawns were quite long; the previous tenant left rubbish behind; and there were issues with cleaning. The tenants removed the rubbish left behind by the previous tenants and the landlord paid the resulting tip fees. However, the tenant says that the landlord did not pay them for their labour in cleaning up the property.

The landlord says that he did not charge rent until 25 December 2025. Therefore, the first three weeks of the tenancy were rent-free. The landlord says this was in consideration of the issues raised above by the tenant.

The tenant did not produce any evidence showing the condition of the premises at the start of the tenancy and I am satisfied that the landlord, by foregoing the first three weeks’ rent, has likely compensated the tenants for any cleaning and rubbish removal issues present at the start of the tenancy.

Mr Leslie also said that there were other issues with the condition of the premises during the tenancy. However, as I explained at the hearing today, the tenants have not lodged any cross claims against the landlord. Therefore I cannot consider further claims. That is because, every party who comes to the Tribunal must be fully and fairly informed of the claims against them, a reasonable time in advance of the hearing. Additional claims cannot be raised at the hearing. Mr Leslie would need to file a separate application in the Tribunal if he wishes to pursue the landlord for other issues.

How much is owed for rent?

The tenancy ended on 26 October 2025 after the tenant gave a 21 day notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Mr Leslie suggested that he stopped paying rent because the property was not fit to live in. However, as explained above, the tenants have not filed a cross claim. Therefore I cannot consider any claims against the landlord which might offset the arrears. As I also explained to Mr Leslie, a tenant must continue to pay rent, even if the tenant has claims against the landlord. If the landlord does not agree to a rent reduction because of any claims, then the tenant’s remedy is to bring a claim to the Tenancy Tribunal for determination.

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 (RTA).

The landlord withdraws their claim for cleaning the interior of the premises. However, they seek the costs of mowing the lawns which were overgrown when the tenancy ended. The landlord provided photos taken at the end of the tenancy which show the overgrown lawns.

The tenant again raised the point that the lawns were overgrown at the start of the tenancy and that they left them in better condition at the end.

A tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy. However, I have already found (see paragraphs 4-6 above) that the landlord did not charge rent for the first three weeks of the tenancy and covered tip fees in relation to the overgrown lawns and cleaning up required when the tenancy started. Therefore, the tenants were compensated at the time and would be expected to leave the lawns in a reasonably tidy condition at the end of the tenancy.

I find the claim for lawn mowing is proved.

The tenant confirmed that they lost the keys to the premises and did not return them at the end of the tenancy. Therefore, the landlord was entitled to change the locks. The claim for replacement locks and keys is proved.

As the landlord has substantially succeeded with the application, they are entitled to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5402628 — net $2,483.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.10.2025	$1,950.00	Rent arrears to 26.10.2025
Lock/key replacement	$255.00	Lock/key replacement
Lawns and Garden work	$250.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,483.00
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,483.00

Order

Desmond George Leslie and Desmond Hohepa to pay PR Property Management Limited As Agents For Subash Shrestha $2,483.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 (3468211-005) immediately apportioned as follows: PR Property Management Limited As Agents For Subash Shrestha: $2,483.00 Desmond George Leslie and Desmond Hohepa: $117.00
The claim for cleaning is withdrawn by the landlord.

Reasons

Both parties attended the hearing by video and telephone conference with Mr Narayanaraja representing the landlord and Mr Desmond George Leslie representing both tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background
The tenancy agreement signed by the parties shows that the tenancy start date was 4 December 2023. However, the landlord only charged rent from 25 December 2023.
Mr Leslie says that he and his son did not move into the property on 4 December 2023 and he thinks they moved in 2 weeks later. He also advised that when they moved in, the lawns were quite long; the previous tenant left rubbish behind; and there were issues with cleaning. The tenants removed the rubbish left behind by the previous tenants and the landlord paid the resulting tip fees. However, the tenant says that the landlord did not pay them for their labour in cleaning up the property.
The landlord says that he did not charge rent until 25 December 2025. Therefore, the first three weeks of the tenancy were rent-free. The landlord says this was in consideration of the issues raised above by the tenant.
The tenant did not produce any evidence showing the condition of the premises at the start of the tenancy and I am satisfied that the landlord, by foregoing the first three weeks’ rent, has likely compensated the tenants for any cleaning and rubbish removal issues present at the start of the tenancy.
Mr Leslie also said that there were other issues with the condition of the premises during the tenancy. However, as I explained at the hearing today, the tenants have not lodged any cross claims against the landlord. Therefore I cannot consider further claims. That is because, every party who comes to the Tribunal must be fully and fairly informed of the claims against them, a reasonable time in advance of the hearing. Additional claims cannot be raised at the hearing. Mr Leslie would need to file a separate application in the Tribunal if he wishes to pursue the landlord for other issues.

How much is owed for rent?

The tenancy ended on 26 October 2025 after the tenant gave a 21 day notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Mr Leslie suggested that he stopped paying rent because the property was not fit to live in. However, as explained above, the tenants have not filed a cross claim. Therefore I cannot consider any claims against the landlord which might offset the arrears. As I also explained to Mr Leslie, a tenant must continue to pay rent, even if the tenant has claims against the landlord. If the landlord does not agree to a rent reduction because of any claims, then the tenant’s remedy is to bring a claim to the Tenancy Tribunal for determination.

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 (RTA).
The landlord withdraws their claim for cleaning the interior of the premises. However, they seek the costs of mowing the lawns which were overgrown when the tenancy ended. The landlord provided photos taken at the end of the tenancy which show the overgrown lawns.
The tenant again raised the point that the lawns were overgrown at the start of the tenancy and that they left them in better condition at the end.
A tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy. However, I have already found (see paragraphs 4-6 above) that the landlord did not charge rent for the first three weeks of the tenancy and covered tip fees in relation to the overgrown lawns and cleaning up required when the tenancy started. Therefore, the tenants were compensated at the time and would be expected to leave the lawns in a reasonably tidy condition at the end of the tenancy.
I find the claim for lawn mowing is proved.
The tenant confirmed that they lost the keys to the premises and did not return them at the end of the tenancy. Therefore, the landlord was entitled to change the locks. The claim for replacement locks and keys is proved.
As the landlord has substantially succeeded with the application, they are entitled to reimbursement of the filing fee.

Tenancy Tribunal case 5402628 — Rent arrears at 43 Rathgar Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5402628 — Rent arrears at 43 Rathgar Road, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions