Tenantcheck Insights · Case study
Tenancy Tribunal case 5467990 — Rent arrears at 86 Browns Road, Manurewa, Auckland 2102
Decided 12 June 2026 · Published 12 June 2026 · Application 5467990
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $11,002.05
- Total balance for Tenant to pay Landlord
- $11,002.05
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $7,515.28 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Rubbish removal: and bin hireage | $1,087.90 | Rubbish removal: and bin hireage | |
| Glass oven replacement | $379.21 | Glass oven replacement | |
| Lock/key replacement | $218.36 | Lock/key replacement | |
| Carpet Cleaning | $450.80 | Carpet Cleaning | |
| Repairs: Damage hallway repairs | $448.50 | Repairs: Damage hallway repairs | |
| Vinyl kitchen repairs | $103.50 | Vinyl kitchen repairs | |
| Living room repairs | $770.50 | Living room repairs | |
| Net award | $11,002.05 | ||
| Total payable by Tenant to Landlord | $11,002.05 |
Claims and awards for application 5467990 — net $11,002.05 NZD. Verify on MoJ.
Rent arrears
- Amount
- $7,515.28
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Rubbish removal: and bin hireage
- Amount
- $1,087.90
- Awarded to
- Landlord
- Reason
- Rubbish removal: and bin hireage
Glass oven replacement
- Amount
- $379.21
- Awarded to
- Landlord
- Reason
- Glass oven replacement
Lock/key replacement
- Amount
- $218.36
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Carpet Cleaning
- Amount
- $450.80
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Repairs: Damage hallway repairs
- Amount
- $448.50
- Awarded to
- Landlord
- Reason
- Repairs: Damage hallway repairs
Vinyl kitchen repairs
- Amount
- $103.50
- Awarded to
- Landlord
- Reason
- Vinyl kitchen repairs
Living room repairs
- Amount
- $770.50
- Awarded to
- Landlord
- Reason
- Living room repairs
Net award
Landlord $11,002.05
Total payable by Tenant to Landlord
Landlord $11,002.05
Claim types — money lines allowed on this order
Order
- Cushla Thomson must pay Haron & Co Limited $11,002.05 immediately for rent arrears to 13 November 2025, vacated damages, and costs, as calculated and shown in table below: DescriptionLandlord Rent arrears$7,515.28 Filing fee reimbursement$28.00 Rubbish removal: and bin hireage$1,087.90 Glass oven replacement$379.21 Lock/key replacement$218.36 Carpet Cleaning$450.80 Repairs: Damage hallway repairs$448.50 Vinyl kitchen repairs$103.50 Living room repairs$770.50 Total award$11,002.05
Reasons
- The landlord attended the hearing, the tenant did not attend. The Tribunal has sent a notice of hearing to the tenant, and she has not advised the Tribunal that she was seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
- This was a 12-month fixed term tenancy that commenced on 3 March 2025 and was to terminate on 2 March 2026. The tenant left the property on 18 August 2025 after sending the landlord an email on that day saying she was terminating the tenancy as she had family issues and had lost her job. Despite efforts by the landlord to communicate with the tenant, there has been no contact with the tenant since the 18 August 2025.
- On 18 th August 2025, the landlord went to the property and was confronted with a male squatter who was sleeping in the property. The landlord left and the owner went to the property a short while later. The squatter was threatening to the owner, who rang the police.
- The squatter left the property leaving behind all his property.
- The tenant claimed in her email to the property manager that she had left the property empty, and that it had been professionally cleaned and left securely locked. Despite the tenant advising that she had thrown the keys through the window.
- On 19 th August 2025, the property manager had the locks changed and the squatter’s property removed. An exit inspection was carried out and the report and photos have been provided to the Tribunal.
- The property was damaged and in a filthy condition with extensive rubbish left throughout the property.
- After the repairs and cleaning were carried out the property was ready to be re- tenanted on 8 September 2025.
- The landlord was unable to re-tenant the property until 14 November 2025, despite extensive advertising and viewings.
- The landlord seeks to claim rent until the new tenancy commenced on 14 November 2025.
How much is owed for rent?
- The tenant entered into a fixed-term tenancy from 3 March 2025 to 2 March 2026 but vacated the premises on 18 August 2025. The landlord subsequently found a new tenant, who commenced a new tenancy on 14 November 2025.
- Under section 61(3)(b) of the Residential Tenancies Act 1986, the tenant is liable to pay rent up to and including the earlier of the expiry of the fixed term or the date a new tenancy commences. In this case, the tenant’s liability for rent ends on 13 November 2025, being the day before the new tenancy began.
- In these circumstances I have determined that the tenancy ended on 13 th November 2025. The landlord provided rent records which prove the amount of rent arrears owing at the end of the tenancy is $10,275.28. However, the landlord has received the bond of $$2760.00 from the bond centre which has been deducted from the rent arrears.
- The remaining rent arrears are $7515.28.
- I am satisfied that the landlord has proven their claim for the rent arrears.
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.
- Despite the tenant claiming that the property was empty and professional cleaned, the property was in a poor condition. The landlord provided the pre let and exit inspection reports and photos. The report and photos show the property was dirty and there was rubbish and possessions left throughout the exterior and interior of the property.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord provided detailed invoices to show the work that was involved in getting the property back to a reasonably clean and tidy condition. The carpets were filthy and required a deep clean to comply with the standard of reasonably clean and tidy. The landlord provided an invoice dated 7 September 2025 for $450.80 for carpet cleaning.
- The landlord provided an invoice from BBK Cleanings Ltd dated 30 August 2025 for $1087.90 for rubbish removal from the house, under the house, garden waste and the cost of bin hire.
- The tenant threw the keys through a window at the property when she left. Clearly the squatter was able to obtain the keys to access the property. The landlord had to have the locks changed to ensure the property was secure. The landlord has provided an invoice from Eclectic Renovations Limited dated 19 August 2025 for locks smith charges of $218.36.
- I am satisfied that the landlord has provide their claims for the cleaning, rubbish removal, bin hire and locksmith fees.
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: -Living are damage wall repairs and repaint. -Kitchen floor vinyl damage. -Hallway ceiling damage and repaint. -Installing window handles and latches. -Cupboard door repair. -Oven door was shattered.
- The landlord provided an invoice from Namaste Homes Limited dated 5 September 2025.
- The exit inspection and photos clearly identify the damage to the living room wall and hallway ceiling and the kitchen vinyl flooring and replacement of glass door of oven. I am satisfied that the landlord has proven their claims relating to these damages.
- The oven door was shattered. The tenant had advised the landlord just prior to the end of the tenancy about this. The landlord has provided a photos and invoice for the cost of the replacement glass door.
- The landlord seeks to claim for a broken cupboard door and window latches and handles. However, I am not satisfied that the landlord has proven these claims due to the there being no photos of the cupboard door repair and only one window handle being shown. The property is old, and the landlord was unable to confirm whether what they were claiming was reasonable wear and tear or actual damage.
- For these reasons I am dismissing the claims for the cupboard door repairs and window latches and handles.
- The landlord did not pursue the claim for the door stops and garage door manual lock, so I did not consider these items.
- The damage identified in paragraph 32, I consider more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I am satisfied that the landlord has proven the claims in paragraph 32 of this order.
- I have considered depreciation and betterment, but in these circumstances the landlord is simply being put back in the position they would have been had the tenant not breached their obligations under the tenancy agreement and RTA. Tenant liability:
- The tenant abandoned the premises during a fixed-term tenancy. Under section 61(5) of the Residential Tenancies Act 1986, it is an unlawful act for a tenant to abandon the premises when rent is in arrears, unless there is a reasonable excuse. Despite the abandonment, the tenant remains liable for all obligations under the tenancy agreement until the earlier of the expiry of the fixed term or the commencement of a new tenancy (section 61(3)(b)).
- Upon inspection, the premises were found to be damaged and not left in a reasonably clean and tidy condition, as required by section 40(1)(e)(iii). The tenant is responsible for ensuring the premises are left reasonably clean and tidy at the end of the tenancy and for any damage caused during the tenancy, except for fair wear and tear. Where damage is caused and the responsible party cannot be identified, the tenant remains liable as the tenancy was still in effect at the time of abandonment.
- Accordingly, the tenant is liable for the cost of remedying the damage and for any cleaning required to return the premises to a reasonably clean and tidy condition, in addition to any rent owing up to the date liability ends under section 61(3)(b).
- Because Haron & Co Limited 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(3), s49B(3A), s61(3), s61(5)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
- HARON & CO LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5467990?
The tribunal order states: Cushla Thomson must pay Haron & Co Limited $11,002.05 immediately for rent
How much money was awarded in case 5467990?
Cleaning: $450.80 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Kitchen Vinyl: $103.50 awarded to landlord; Property Damage: $379.21 awarded to landlord; Property Damage: $218.36 awarded to landlord; Property Damage: $770.50 awarded to landlord; Rent Arrears: $7,515.28 awarded to landlord; Property Damage: $448.50 awarded to landlord; Rubbish Removal: $1,087.90 awarded to landlord
What type of tenancy dispute was case 5467990?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5467990?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13743040-Tenancy_Tribunal_Order.pdf.