Tenantcheck Insights · Case study
Tenancy Tribunal case 5421457 — Rent arrears at 154 Hinemoa Street, Birkenhead, Auckland 0626
Published 8 May 2026 · Application 5421457
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Kan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $14,331.33
- Total balance for Tenant to pay Landlord
- $14,331.33
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 09 December 2025 | $12,049.00 | Rent arrears to 09 December 2025 | |
| Water rates | $25.33 | Water rates | |
| Cleaning | $1,048.00 | Cleaning | |
| Carpet Cleaning | $224.00 | Carpet Cleaning | |
| Repairs: Dented wall | $460.00 | Repairs: Dented wall | |
| Rubbish removal | $230.00 | Rubbish removal | |
| Bailiff for eviction | $267.00 | Bailiff for eviction | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $14,331.33 | ||
| Total payable by Tenant to Landlord | $14,331.33 |
Claims and awards for application 5421457 — net $14,331.33 NZD. Verify on MoJ.
Rent arrears to 09 December 2025
- Amount
- $12,049.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 09 December 2025
Water rates
- Amount
- $25.33
- Awarded to
- Landlord
- Reason
- Water rates
Cleaning
- Amount
- $1,048.00
- Awarded to
- Landlord
- Reason
- Cleaning
Carpet Cleaning
- Amount
- $224.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Repairs: Dented wall
- Amount
- $460.00
- Awarded to
- Landlord
- Reason
- Repairs: Dented wall
Rubbish removal
- Amount
- $230.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Bailiff for eviction
- Amount
- $267.00
- Awarded to
- Landlord
- Reason
- Bailiff for eviction
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $14,331.33
Total payable by Tenant to Landlord
Landlord $14,331.33
Claim types — money lines allowed on this order
Order
- Elliot Shaw must pay Harcourts Cooper And Co Ltd As Agent For Fiona And Steve Garrett $14,331.33 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 09 December 2025$12,049.00 Water rates$25.33 Cleaning$1,048.00 Carpet Cleaning$224.00 Repairs: Dented wall$460.00 Rubbish removal$230.00 Bailiff for eviction$267.00 Filing fee reimbursement$28.00 Total award$14,331.33 Total payable by Tenant to Landlord$14,331.33
Reasons
- This is a face-to-face hearing.
- The applicant landlord was represented by Mr McElroy, property manager for Harcourts Cooper & Co Ltd.
- The respondent tenant, Mr Shaw, did not attend the hearing.
- I note that the tenant also failed to attend the previous hearing on 26 November 2025 for rent arrears and termination of the tenancy hearing. In those circumstances, and having regard to the tenant’s repeated non-attendance, I was satisfied to proceed with the matter in the tenant’s absence.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- In support of the claims, Mr McElroy provided the outgoing inspection report dated 19 December 2025, invoices, and the water rates summary.
How much is owed for rent and water rates?
- The tenancy ended on 09 December 2025 following enforcement. The landlord provided rent records and water rates invoice 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- Mr McElroy referred me to photographs showing the condition of the premises at the conclusion of the tenancy, including staining to the carpet in bedroom two, damage to an internal wall in the lounge, and rubbish left at the property. He also produced invoices relating to professional cleaning, carpet cleaning, repairs, rubbish removal, bailiff costs, and replacement locks.
- I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- In relation to the claim for replacement locks, I accept that the landlord elected to change the locks following the eviction process and attendance by the bailiff. However, Mr McElroy confirmed that the tenant did return the keys and the landlord had regained possession of the premises.
- In those circumstances, I am not satisfied that the replacement of the locks was necessary as a consequence of any breach by the tenant. Rather, the replacement of the locks appears to have been undertaken as a precautionary security measure. I therefore decline this aspect of the claim.
- 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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. Carpet; and b. Lounge room wall
- The damage 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 Harcourts Cooper And Co Ltd As Agent For Fiona And Steve Garrett 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, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421457?
The tribunal order states: Elliot Shaw must pay Harcourts Cooper And Co Ltd As Agent For Fiona And
How much money was awarded in case 5421457?
Bailiff For Eviction: $267.00 awarded to landlord; Cleaning: $224.00 awarded to landlord; Cleaning: $1,048.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $12,049.00 awarded to landlord; Dented Wall: $460.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Water Rates: $25.33 awarded to landlord
What type of tenancy dispute was case 5421457?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5421457?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13565998-Tenancy_Tribunal_Order.pdf.