What was the outcome of Tenancy Tribunal case 4894681?

The tribunal order states: Semiti Tamanikaiyaroi and Donielle Opetaia must pay 23 Property Management

How much money was awarded in case 4894681?

Filing Fee: $20.44 awarded to landlord; Property Damage: $35.96 awarded to landlord; Property Damage: $47.04 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $1,372.43 awarded to landlord; Replace Missing Clip For Wardrobe Sh…: $12.00 awarded to landlord; Water Rates: $436.88 awarded to landlord

What type of tenancy dispute was case 4894681?

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

Where can I read the official tribunal order for case 4894681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10741461-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4894681?

The tribunal order states: Semiti Tamanikaiyaroi and Donielle Opetaia must pay 23 Property Management

How much money was awarded in case 4894681?

Filing Fee: $20.44 awarded to landlord; Property Damage: $35.96 awarded to landlord; Property Damage: $47.04 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $1,372.43 awarded to landlord; Replace Missing Clip For Wardrobe Sh…: $12.00 awarded to landlord; Water Rates: $436.88 awarded to landlord

What type of tenancy dispute was case 4894681?

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

Where can I read the official tribunal order for case 4894681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10741461-Tenancy_Tribunal_Order.pdf.

6A Mareth Street, Panmure, Auckland 1072 Tenancy Tribunal Case 4894681 — Rent arrears

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6A Mareth Street, Panmure, Auckland 1072 Tenancy Tribunal Case 4894681 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4894681 — net $2,474.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 26/04/2024	$1,372.43	Rent arrears 26/04/2024
Water rates	$436.88	Water rates
Replace damaged hinge on kitchen cupboard	$35.96	Replace damaged hinge on kitchen cupboard
Replace missing clip for wardrobe shelving	$12.00	Replace missing clip for wardrobe shelving
Replace damaged deck board	$47.04	Replace damaged deck board
Insurance excess - repair water damaged ceiling	$550.00	Insurance excess - repair water damaged ceiling
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,474.75
Total payable by Tenant to Landlord	$2,474.75

Claims and awards for application 4894681 — net $2,474.75 NZD. Verify on MoJ.

Rent arrears 26/04/2024

Amount: $1,372.43
Awarded to: Landlord
Reason: Rent arrears 26/04/2024

Water rates

Amount: $436.88
Awarded to: Landlord
Reason: Water rates

Replace damaged hinge on kitchen cupboard

Amount: $35.96
Awarded to: Landlord
Reason: Replace damaged hinge on kitchen cupboard

Replace missing clip for wardrobe shelving

Amount: $12.00
Awarded to: Landlord
Reason: Replace missing clip for wardrobe shelving

Replace damaged deck board

Amount: $47.04
Awarded to: Landlord
Reason: Replace damaged deck board

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Semiti Tamanikaiyaroi and Donielle Opetaia must pay 23 Property Management Limited $2,474.75 immediately, calculated as shown in the table below.

Reasons

A hearing was held on 22 August 2024. The landlord attended the hearing but the tenants did not. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

A tenant must pay rent as and when it falls due and is responsible for water charges incurred during the tenancy on the basis of consumption (see sections 40 and 39 Residential Tenancies Act 1986 (“RTA”)).
The tenancy ended on 26 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: the hinge for the kitchen cupboard was broken, the clip for the wardrobe shelving was missing, the deck board was damaged by the dog chewing on it, and downstairs living room ceilng was water-damaged due to the tenants’ improperly connected washing machine The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord relied on photographs of the condition of the property at the start and the end of the tenancy, receipts, and invoices.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4894681 — net $2,474.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 26/04/2024	$1,372.43	Rent arrears 26/04/2024
Water rates	$436.88	Water rates
Replace damaged hinge on kitchen cupboard	$35.96	Replace damaged hinge on kitchen cupboard
Replace missing clip for wardrobe shelving	$12.00	Replace missing clip for wardrobe shelving
Replace damaged deck board	$47.04	Replace damaged deck board
Insurance excess - repair water damaged ceiling	$550.00	Insurance excess - repair water damaged ceiling
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,474.75
Total payable by Tenant to Landlord	$2,474.75

Claims and awards for application 4894681 — net $2,474.75 NZD. Verify on MoJ.

Rent arrears 26/04/2024

Amount: $1,372.43
Awarded to: Landlord
Reason: Rent arrears 26/04/2024

Water rates

Amount: $436.88
Awarded to: Landlord
Reason: Water rates

Replace damaged hinge on kitchen cupboard

Amount: $35.96
Awarded to: Landlord
Reason: Replace damaged hinge on kitchen cupboard

Replace missing clip for wardrobe shelving

Amount: $12.00
Awarded to: Landlord
Reason: Replace missing clip for wardrobe shelving

Replace damaged deck board

Amount: $47.04
Awarded to: Landlord
Reason: Replace damaged deck board

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Semiti Tamanikaiyaroi and Donielle Opetaia must pay 23 Property Management Limited $2,474.75 immediately, calculated as shown in the table below.

Reasons

A hearing was held on 22 August 2024. The landlord attended the hearing but the tenants did not. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

A tenant must pay rent as and when it falls due and is responsible for water charges incurred during the tenancy on the basis of consumption (see sections 40 and 39 Residential Tenancies Act 1986 (“RTA”)).
The tenancy ended on 26 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: the hinge for the kitchen cupboard was broken, the clip for the wardrobe shelving was missing, the deck board was damaged by the dog chewing on it, and downstairs living room ceilng was water-damaged due to the tenants’ improperly connected washing machine The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord relied on photographs of the condition of the property at the start and the end of the tenancy, receipts, and invoices.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4894681 — Rent arrears at 6A Mareth Street, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4894681 — Rent arrears at 6A Mareth Street, Panmure, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions