What was Tenancy Tribunal case 5028268 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5028268?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5028268?

The primary dispute was Rent arrears. Related themes: Healthy homes, Leaks.

Where can I read the official tribunal order for case 5028268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11863791-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5028268 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5028268?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5028268?

The primary dispute was Rent arrears. Related themes: Healthy homes, Leaks.

Where can I read the official tribunal order for case 5028268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11863791-Tribunal_Order_Redacted.pdf.

16B Hilda Road, Favona, Auckland 2024 Tenancy Tribunal Case 5028268 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person and was assisted by a Niuean interpreter. The landlord attended by telephone.
The landlord has applied for compensation for damage. The landlord had applied for rent arrears, but that claim was withdrawn as no arrears were owing at the date of the hearing.
The hearing was adjourned from 27 March 2025 to enable the tenant to be represented and for an interpreter to attend the hearing.
At the hearing held on 13 May 2025 the tenant advised that he no longer sought representation.
The landlord produced photographs of the premises showing significant damage to the ceiling and walls in the premises and to some of the light switches and light fittings. The photographs show what looks like slashes, maybe caused by a machete, to the ceiling and walls.
The landlord carried out repairs to the ceiling and light fixtures and the base boards outside the home. These repairs were carried out on 21 November 2023.
The tenant denies being responsible for the damage. He says that the premises were vandalised during the time when he was not living in the premises due to the COVID lockdown. He said that he was living with his daughter in Manurewa and at one stage he tried to return home to check on the premises but was stopped by the Police. He says that when he eventually returned the premises were damaged.
The tenant said that damage was also caused due to flooding caused by Cyclone Gabrielle in early 2023. The tenant’s evidence is that the premises flooded with water entering the house up to almost the top of the oven. He said that he advised the landlord of the damage caused by the flooding, but this is denied by the landlord.
I note that Auckland Council have recorded that there was major flooding of Harania Creek in Māngere East which is very close to the home and with the Auckland Council flood viewer identifying a flood plain, which is predicted to be covered by flood water during heavy rain, in the area behind the home.
Unfortunately, I did not have the benefit of communication reports from the landlord during this period.
The inspection report dated 26 July 2023 shows that there are holes in the ceiling from water leaks and the ceiling is bowing. The inspection report dated 16 August 2022 also show holes in the lounge ceiling from water leaks. The tenant said that he had asked the landlord to repair the ceiling because water and insulation were coming down.
The tenant says that the roof leaked in many places until the roof was completely replaced.
The inspection report dated 7 August 2024 shows that the ceiling in the living room has been replaced and plastered but not painted. There are numerous holes in the walls that haven’t been repaired as well as a hole in the bathroom ceiling around the extractor fan.
The inspection report dated 16 August 2022 records that the property is abandoned and that there is “...carving on edges of doors and walls and cuts and holes on walls in bedrooms and entire house”.
The tenant said that he told the landlord about the damage when he returned home. He said that they came to look at the damage but did not repair it. The tenant said that he had paid to repair the window and door because the glass had been smashed. The tenant said that some of the holes were created by contractors.
In some of the photographs it shows that pictures have been placed over the holes to cover them up. The tenant said he did this because the landlord did not repair the holes.
The tenant said that recently he has paid to repair the holes in the walls that the landlord has not repaired. At the hearing the landlord said that it only fixed the holes where there was a concern about health and safety. The landlord considered the remaining damage to be minor.
At the hearing the tenant said that prior to this damage there had been no renovations to the premises since the time when Jenny Shipley was Prime Minister of New Zealand, which was between 1997 and 1999, which is 26 to 28 years ago.
On the evidence produced it is not clear that the damage that the landlord is claiming for was caused by the tenant. There was damage to the ceiling from water ingress and it is more likely than not that much of the damage to the walls was caused when the tenant was not living at the premises.
As the tenant has succeeded in defending the landlord’s application I make an order suppressing his name.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person and was assisted by a Niuean interpreter. The landlord attended by telephone.
The landlord has applied for compensation for damage. The landlord had applied for rent arrears, but that claim was withdrawn as no arrears were owing at the date of the hearing.
The hearing was adjourned from 27 March 2025 to enable the tenant to be represented and for an interpreter to attend the hearing.
At the hearing held on 13 May 2025 the tenant advised that he no longer sought representation.
The landlord produced photographs of the premises showing significant damage to the ceiling and walls in the premises and to some of the light switches and light fittings. The photographs show what looks like slashes, maybe caused by a machete, to the ceiling and walls.
The landlord carried out repairs to the ceiling and light fixtures and the base boards outside the home. These repairs were carried out on 21 November 2023.
The tenant denies being responsible for the damage. He says that the premises were vandalised during the time when he was not living in the premises due to the COVID lockdown. He said that he was living with his daughter in Manurewa and at one stage he tried to return home to check on the premises but was stopped by the Police. He says that when he eventually returned the premises were damaged.
The tenant said that damage was also caused due to flooding caused by Cyclone Gabrielle in early 2023. The tenant’s evidence is that the premises flooded with water entering the house up to almost the top of the oven. He said that he advised the landlord of the damage caused by the flooding, but this is denied by the landlord.
I note that Auckland Council have recorded that there was major flooding of Harania Creek in Māngere East which is very close to the home and with the Auckland Council flood viewer identifying a flood plain, which is predicted to be covered by flood water during heavy rain, in the area behind the home.
Unfortunately, I did not have the benefit of communication reports from the landlord during this period.
The inspection report dated 26 July 2023 shows that there are holes in the ceiling from water leaks and the ceiling is bowing. The inspection report dated 16 August 2022 also show holes in the lounge ceiling from water leaks. The tenant said that he had asked the landlord to repair the ceiling because water and insulation were coming down.
The tenant says that the roof leaked in many places until the roof was completely replaced.
The inspection report dated 7 August 2024 shows that the ceiling in the living room has been replaced and plastered but not painted. There are numerous holes in the walls that haven’t been repaired as well as a hole in the bathroom ceiling around the extractor fan.
The inspection report dated 16 August 2022 records that the property is abandoned and that there is “...carving on edges of doors and walls and cuts and holes on walls in bedrooms and entire house”.
The tenant said that he told the landlord about the damage when he returned home. He said that they came to look at the damage but did not repair it. The tenant said that he had paid to repair the window and door because the glass had been smashed. The tenant said that some of the holes were created by contractors.
In some of the photographs it shows that pictures have been placed over the holes to cover them up. The tenant said he did this because the landlord did not repair the holes.
The tenant said that recently he has paid to repair the holes in the walls that the landlord has not repaired. At the hearing the landlord said that it only fixed the holes where there was a concern about health and safety. The landlord considered the remaining damage to be minor.
At the hearing the tenant said that prior to this damage there had been no renovations to the premises since the time when Jenny Shipley was Prime Minister of New Zealand, which was between 1997 and 1999, which is 26 to 28 years ago.
On the evidence produced it is not clear that the damage that the landlord is claiming for was caused by the tenant. There was damage to the ceiling from water ingress and it is more likely than not that much of the damage to the walls was caused when the tenant was not living at the premises.
As the tenant has succeeded in defending the landlord’s application I make an order suppressing his name.

Tenancy Tribunal case 5028268 — Rent arrears at 16B Hilda Road, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5028268 — Rent arrears at 16B Hilda Road, Favona, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions