Tenantcheck Insights · Case study
Tenancy Tribunal case 5448389 — Property damage at 27 Tokarewa Close, Mount Wellington, Auckland
Published 11 May 2026 · Application 5448389
Landlord favoured
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $614.72
- Total balance for Tenant to pay Landlord
- $614.72
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 19.2.2026 | $192.86 | Rent arrears to 19.2.2026 | |
| Water rates | $21.72 | Water rates | |
| Repairs to home security alarm | $372.14 | Repairs to home security alarm | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $614.72 | ||
| Bond | $2,700.00 | ||
| Total payable by Tenant to Landlord | $614.72 |
Claims and awards for application 5448389 — net $614.72 NZD. Verify on MoJ.
Rent arrears to 19.2.2026
- Amount
- $192.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 19.2.2026
Water rates
- Amount
- $21.72
- Awarded to
- Landlord
- Reason
- Water rates
Repairs to home security alarm
- Amount
- $372.14
- Awarded to
- Landlord
- Reason
- Repairs to home security alarm
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $614.72
Bond
Landlord $2,700.00
Total payable by Tenant to Landlord
Landlord $614.72
Claim types — money lines allowed on this order
Order
- Avinesh Narayan is to pay Staircase Property Management Limited as agent for Matthew and Georgina Daly - Daly One Property Investment Ltd $614.72 from the bond, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,700.00 (BN-00035582) immediately apportioned as follows: Staircase Property Management Limited as agent for Matthew and Georgina Daly - Daly One Property Investment Ltd: $614.72 Avinesh Narayan: $2,085.28
- The tenant’s application is dismissed.
Reasons
- Both parties attended the hearing, with Ms Batt appearing for the landlord.
- This is a fixed term tenancy which began on 19 February 2025 and was due to end on 19 February 2025.
- The tenant filed an application, number 5438694, on the basis that he wanted to be released from the fixed term tenancy. He stated he gave notice on 4 February 2026 that he wished to vacate the premises on 19 February 2026. He objected to the landlord requiring him to give 21 days’ notice and therefore, being liable for an additional week’s rent.
- The landlord has filed a cross application, number 5448389, seeking rent arrears, water charges, compensation for repairs to a home security alarm, payment from the bond, and the filing fee.
- Since the applications were filed, the tenancy has ended, and the parties agree that the end date is 19 February 2026. Therefore, the tenant’s application concerning the ending of the tenancy is now moot, since this issue no longer needs to be determined. Accordingly, the tenant’s application is dismissed. However, for completeness, the tenant’s concerns about the need to give notice is addressed below.
- At the hearing, the tenant stated that he objects to the landlord seeking an additional two days rent. This issue relates to the landlord’s claim for rent arrears and is considered below. Tenant’s application: 5438694
- The tenant states that the tenancy agreement does not provide that he must give notice to end the fixed term tenancy. He objects to the landlord requiring him to give notice.
- The Residential Tenancies Act 1986 (the RTA) is the legislation that governs the relationship between landlords and tenants of residential premises in New Zealand. Section 60A(1) of the RTA 1 provides that, on expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy on the same terms as the expired tenancy, unless contrary notice is given. The tenancy does not continue as a periodic tenancy if written notice is given not to continue with the tenancy, within the “effective period”. The effective period is from 90 days to 21 days before the end of the tenancy.
- This means that the landlord or the tenant can give written notice of the party’s intention to not continue with the tenancy. The notice must be given within the “effective period,” that is, not earlier than 90 days and not later than 21 days before the date on which the tenancy expires. If the tenancy automatically defaults to a periodic tenancy due to the operation of s 60A(1), the tenancy can only be terminated by the landlord with 90 days’ notice (or 42 days in the circumstances set out in s 51), or by the tenant on 21 days’ notice.
- As noted earlier, the landlord has since accepted that the tenancy is to end on 19 February 2026, rather than at the end of the notice period. Therefore, this issue is now moot, and the tenant’s application is dismissed. Landlord’s application: 5448389
How much is owed for rent?
- In this case, the tenancy ended on 19 February 2026. The tenant claims the landlord is seeking an additional two days rent, and objects to paying this. He states he ought to only pay for 52 weeks rent rather than the 366 days claimed by the landlord.
- However, while I note the tenant’s argument, it is clear that the tenancy agreement records that the fixed term ends on 19 February 2026. This date may not align with the date that rent is being paid to, and it is not unusual for additional rent to be due for part of the following week. The tenant has not shown that the tenancy agreement provides for rent to be paid for 52 weeks only.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Therefore, the tenant is liable for the additional two days rent claimed by the landlord, being $192.86, which is awarded above. 1 Section 60A was introduced by the Residential Tenancies Amendment Act 2010. It was amended by the Residential Tenancies Amendment Act 2024, effective from 30 January 2025.
How much is owed for water?
- Under the RTA a tenant is responsible for all outgoings for the premises exclusively attributable to the tenant’s occupation of the premises, including electricity, gas, telephone and internet. 2 A tenant is also liable for water charges where a water supplier charges for water provided to the premises on the basis of consumption. 3 However, a tenant is not liable to pay fixed water charges as they are payable regardless of the tenant’s occupation.
- The tenant objects to paying the final water charge, on the basis that he did not have the chance to see the water meter. However, in support of its claim, the landlord has provided the relevant water rates invoice from Watercare. The amount claimed is for usage only (water and wastewater consumption), and does not include any fixed charges. In the absence of evidence that this is incorrect, as the landlord has established its claim, the tenant will be liable for the water charges of $21.72, which is awarded above.
Is the tenant responsible for the damage to the premises?
- The landlord claims compensation for damage. The requirements under the RTA are that 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 of the RTA.
- In this case, the tenant has accepted responsibility for the damage to the home alarm system, as shown in the email correspondence provided in evidence. However, he objects to the final amount sought by the landlord on the basis that the quotation provided earlier was for $172.50, whereas the final amount sought is $372.14.
- While noting the tenant’s perspective, I find the landlord has established the claim for the repair costs in full. The landlord gave the tenant an opportunity to repair the damage to the alarm system himself. He did not do so, and agreed to the landlord arranging for its repair. While the quote was for $172.50, it was later found that the actual cost was more than initially quoted, as the alarm keypad needed to be replaced. In the circumstances, I consider this additional cost to be reasonable, and the tenant will be liable for the full amount claimed by the landlord, being $372.14, which is awarded above. 2 Section 39(4)(a) and (b) 3 Section 39(4)(c) Filing fee and name suppression
- As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
- An application for suppression has been made by the tenant. Having had regard to the interests of the parties and to the public interest, and noting that the tenant is the unsuccessful party, the Tribunal declines to order suppression of the tenant’s name and identifying details.
- The landlord does not request name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s19, s39(4), s40(2), s51, s60A, s60A(1)
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 5448389?
The tribunal order states: Avinesh Narayan is to pay Staircase Property Management Limited as agent for
How much money was awarded in case 5448389?
Filing Fee: $28.00 awarded to landlord; Property Damage: $372.14 awarded to landlord; Rent Arrears: $192.86 awarded to landlord; Water Rates: $21.72 awarded to landlord
What type of tenancy dispute was case 5448389?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5448389?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13515296-Tenancy_Tribunal_Order.pdf.