What was the outcome of Tenancy Tribunal case 5408668?

The tribunal order states: Pagopago Rosalina Holamotu must pay Max Rentals Nz Limited as Agent for

How much money was awarded in case 5408668?

Cleaning: $150.00 awarded to landlord; Rubbish Removal: $701.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Reletting Costs: $884.35 awarded to landlord; Rent Arrears: $6,085.71 awarded to landlord; Water Rates: $282.43 awarded to landlord

What type of tenancy dispute was case 5408668?

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

Where can I read the official tribunal order for case 5408668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13368578-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5408668?

The tribunal order states: Pagopago Rosalina Holamotu must pay Max Rentals Nz Limited as Agent for

How much money was awarded in case 5408668?

Cleaning: $150.00 awarded to landlord; Rubbish Removal: $701.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Reletting Costs: $884.35 awarded to landlord; Rent Arrears: $6,085.71 awarded to landlord; Water Rates: $282.43 awarded to landlord

What type of tenancy dispute was case 5408668?

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

Where can I read the official tribunal order for case 5408668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13368578-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 92 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 5408668 — Rent arrears

Claims and awards in Tenancy Tribunal application 5408668 — net $6,021.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$6,085.71	Rent arrears to 13 January 2026
Cleaning: rubbish removal, and lawns	$701.50	Cleaning: rubbish removal, and lawns
Carpet Cleaning	$150.00	Carpet Cleaning
Lock/key replacement	$189.75	Lock/key replacement
Water rates: 05 September 2025 to 29 December 2025	$282.43	Water rates: 05 September 2025 to 29 December 2025
reletting costs	$884.35	reletting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,021.74
Total payable by Tenant to Landlord	$6,021.74

Order

Pagopago Rosalina Holamotu must pay Max Rentals Nz Limited as Agent for Rass Entertainment Ltd $6,021.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (BN-00154643) to Max Rentals Nz Limited as Agent for Rass Entertainment Ltd immediately.

Reasons

Mr Singh appeared for the landlord by video. There was no appearance by the tenant.
The tenancy commenced on 05 September 2025 for a fixed term ending 06 September 2026.
The landlord seeks rent arrears of $6,085.71, water rates of $282.43, reletting costs of $884.35, and compensation for general cleaning $207.00, rubbish removal $402.50, lawn mowing $92.00, carpet cleaning $150.00, and rekeying the locks $189.75. Reletting costs / rent arrears / water and wastewater rates.
The landlord stated that around October 2025 the tenant began to experience difficulty paying rent. The landlord stated the tenant advised that they would seek financial assistance to maintain the tenancy, however, this did not eventuate. The landlord and tenant corresponded by email regarding ending the fixed term tenancy, including the tenant’s liability for rent until a replacement tenant was found and reasonable reletting costs. However, no written agreement was reached.
The landlord stated that around 12 December 2025, the tenant advised that they would vacate the property, and that around Christmas the tenant vacated. On 07 January 2026, the landlord conducted an end of tenancy inspection. After completing cleaning and rubbish removal, the landlord advertised the property and entered into a new tenancy agreement commencing 14 January 2026.
The landlord produced a rent summary showing all of the rent payments received.
The landlord has produced water and wastewater invoices for the period 29 October 2025 to 25 November 2025, and 25 November to 29 December 2025. The landlord has also provided a summary of all water and wastewater payments made by the tenant during the tenancy.
The landlord has produced a breakdown of the reletting costs, including advertising, viewings, and a modest administrative fee. Law
The usual legal position with a fixed-term agreement is that the term will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it.
A fixed term tenancy cannot be terminated by unilateral notice. Section 50(1)(d) of the Residential Tenancies Act 1986 (Act) provides that parties to a tenancy, periodic or fixed term, may bring a tenancy to an end where the tenant surrenders the tenancy or offers up vacant possession with the landlord’s written consent.
The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps.
Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges (where supply is exclusively attributable to the tenant’s use and is metered).
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Act. Analysis and decision
In this case, the tenant breached the terms of the tenancy by vacating before the expiry of the fixed term. There is no evidence that the tenant and landlord agreed in writing to end the tenancy, nor is there evidence that the parties agreed on a break lease fee. The default position is that the tenant is liable for rent until the end of the fixed term, although this is subject to the landlord’s duty to mitigate their loss.
The landlord regained possession of the property on 07 January 2026. Thereafter, the landlord took reasonable steps to mitigate their loss by advertising the property and entering into a new tenancy commencing 14 January 2026.
In this case, I award rent arrears up to the date the tenant vacated, and compensation for loss of rent to 13 January 2026.
Reletting costs are recoverable as reasonably foreseeable losses arising from the tenant’s breach. The costs claimed are reasonable in the circumstances and are awarded.
After considering the evidence, I am satisfied that the water and wastewater charges claimed are based on the tenant’s consumption and are exclusively attributable to their occupation of the premises. I am also satisfied that the calculations are correct. Cleaning / carpet cleaning / rubbish removal / key replacement.
The landlord claims that the tenant failed to leave the property in a reasonably clean condition and remove all rubbish. The landlord has provided pre tenancy and end of tenancy inspection reports, both of which contain photographs.
There is a photograph of the tenant being handed the keys to the property at the commencement of the tenancy. The landlord stated that the tenant did not return the keys claiming they had been lost.
The landlord has provided a photograph taken at the end of the tenancy showing an untethered dog outside the property, along with email correspondence with the tenant concerning the dog.
The landlord stated that when they conducted the end of tenancy inspection, they observed animal hair on the floor and detected a dog odour in the lounge and the bedrooms. The landlord described the odour as moderate but noted that they could not relet the property without professional carpet cleaning.
The landlord has provided invoices supporting all claims. Law
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) of the Act.
The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. Analysis and decision
Having viewed the pre tenancy and end of tenancy photographs, I am satisfied that the tenant has failed to leave the property in a reasonably clean condition and remove all rubbish.
The lawns are overgrown. I am satisfied that the lawns have not been returned in a reasonable condition.
I accept the landlord’s evidence, and I am satisfied that more likely than not a dog was allowed inside the property during the tenancy. As a result, carpet was not returned in a reasonable condition.
I am satisfied that the tenant has failed to return the keys provided at the commencement of the tenancy.
The compensation claimed for cleaning, rubbish removal, carpet cleaning, and rekeying the locks, to secure the property, is reasonable and is awarded in full. Costs
Because Max Rentals NZ Limited as Agent for Rass Entertainment Ltd has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.

Claims and awards in Tenancy Tribunal application 5408668 — net $6,021.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$6,085.71	Rent arrears to 13 January 2026
Cleaning: rubbish removal, and lawns	$701.50	Cleaning: rubbish removal, and lawns
Carpet Cleaning	$150.00	Carpet Cleaning
Lock/key replacement	$189.75	Lock/key replacement
Water rates: 05 September 2025 to 29 December 2025	$282.43	Water rates: 05 September 2025 to 29 December 2025
reletting costs	$884.35	reletting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,021.74
Total payable by Tenant to Landlord	$6,021.74

Order

Pagopago Rosalina Holamotu must pay Max Rentals Nz Limited as Agent for Rass Entertainment Ltd $6,021.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (BN-00154643) to Max Rentals Nz Limited as Agent for Rass Entertainment Ltd immediately.

Reasons

Mr Singh appeared for the landlord by video. There was no appearance by the tenant.
The tenancy commenced on 05 September 2025 for a fixed term ending 06 September 2026.
The landlord seeks rent arrears of $6,085.71, water rates of $282.43, reletting costs of $884.35, and compensation for general cleaning $207.00, rubbish removal $402.50, lawn mowing $92.00, carpet cleaning $150.00, and rekeying the locks $189.75. Reletting costs / rent arrears / water and wastewater rates.
The landlord stated that around October 2025 the tenant began to experience difficulty paying rent. The landlord stated the tenant advised that they would seek financial assistance to maintain the tenancy, however, this did not eventuate. The landlord and tenant corresponded by email regarding ending the fixed term tenancy, including the tenant’s liability for rent until a replacement tenant was found and reasonable reletting costs. However, no written agreement was reached.
The landlord stated that around 12 December 2025, the tenant advised that they would vacate the property, and that around Christmas the tenant vacated. On 07 January 2026, the landlord conducted an end of tenancy inspection. After completing cleaning and rubbish removal, the landlord advertised the property and entered into a new tenancy agreement commencing 14 January 2026.
The landlord produced a rent summary showing all of the rent payments received.
The landlord has produced water and wastewater invoices for the period 29 October 2025 to 25 November 2025, and 25 November to 29 December 2025. The landlord has also provided a summary of all water and wastewater payments made by the tenant during the tenancy.
The landlord has produced a breakdown of the reletting costs, including advertising, viewings, and a modest administrative fee. Law
The usual legal position with a fixed-term agreement is that the term will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it.
A fixed term tenancy cannot be terminated by unilateral notice. Section 50(1)(d) of the Residential Tenancies Act 1986 (Act) provides that parties to a tenancy, periodic or fixed term, may bring a tenancy to an end where the tenant surrenders the tenancy or offers up vacant possession with the landlord’s written consent.
The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps.
Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges (where supply is exclusively attributable to the tenant’s use and is metered).
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Act. Analysis and decision
In this case, the tenant breached the terms of the tenancy by vacating before the expiry of the fixed term. There is no evidence that the tenant and landlord agreed in writing to end the tenancy, nor is there evidence that the parties agreed on a break lease fee. The default position is that the tenant is liable for rent until the end of the fixed term, although this is subject to the landlord’s duty to mitigate their loss.
The landlord regained possession of the property on 07 January 2026. Thereafter, the landlord took reasonable steps to mitigate their loss by advertising the property and entering into a new tenancy commencing 14 January 2026.
In this case, I award rent arrears up to the date the tenant vacated, and compensation for loss of rent to 13 January 2026.
Reletting costs are recoverable as reasonably foreseeable losses arising from the tenant’s breach. The costs claimed are reasonable in the circumstances and are awarded.
After considering the evidence, I am satisfied that the water and wastewater charges claimed are based on the tenant’s consumption and are exclusively attributable to their occupation of the premises. I am also satisfied that the calculations are correct. Cleaning / carpet cleaning / rubbish removal / key replacement.
The landlord claims that the tenant failed to leave the property in a reasonably clean condition and remove all rubbish. The landlord has provided pre tenancy and end of tenancy inspection reports, both of which contain photographs.
There is a photograph of the tenant being handed the keys to the property at the commencement of the tenancy. The landlord stated that the tenant did not return the keys claiming they had been lost.
The landlord has provided a photograph taken at the end of the tenancy showing an untethered dog outside the property, along with email correspondence with the tenant concerning the dog.
The landlord stated that when they conducted the end of tenancy inspection, they observed animal hair on the floor and detected a dog odour in the lounge and the bedrooms. The landlord described the odour as moderate but noted that they could not relet the property without professional carpet cleaning.
The landlord has provided invoices supporting all claims. Law
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) of the Act.
The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. Analysis and decision
Having viewed the pre tenancy and end of tenancy photographs, I am satisfied that the tenant has failed to leave the property in a reasonably clean condition and remove all rubbish.
The lawns are overgrown. I am satisfied that the lawns have not been returned in a reasonable condition.
I accept the landlord’s evidence, and I am satisfied that more likely than not a dog was allowed inside the property during the tenancy. As a result, carpet was not returned in a reasonable condition.
I am satisfied that the tenant has failed to return the keys provided at the commencement of the tenancy.
The compensation claimed for cleaning, rubbish removal, carpet cleaning, and rekeying the locks, to secure the property, is reasonable and is awarded in full. Costs
Because Max Rentals NZ Limited as Agent for Rass Entertainment Ltd has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.

Tenancy Tribunal case 5408668 — Rent arrears at Unit/Flat 3, 92 Kenderdine Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5408668 — Rent arrears at Unit/Flat 3, 92 Kenderdine Road, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions