What was the outcome of Tenancy Tribunal case 5092088?

The tribunal order states: Leilani Mary Keuatama Pahetogia must pay Team Group Rentals Limited

How much money was awarded in case 5092088?

Filing Fee: $27.00 awarded to landlord; MOJ Eviction Warrant Fee: $258.00 awarded to landlord; Property Damage: $267.38 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $5,397.86 awarded to landlord; - Dishwasher Handle: $59.69 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord

What type of tenancy dispute was case 5092088?

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

Where can I read the official tribunal order for case 5092088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881824-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5092088?

The tribunal order states: Leilani Mary Keuatama Pahetogia must pay Team Group Rentals Limited

How much money was awarded in case 5092088?

Filing Fee: $27.00 awarded to landlord; MOJ Eviction Warrant Fee: $258.00 awarded to landlord; Property Damage: $267.38 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $5,397.86 awarded to landlord; - Dishwasher Handle: $59.69 awarded to landlord; Rubbish Removal: $485.00 awarded to landlord

What type of tenancy dispute was case 5092088?

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

Where can I read the official tribunal order for case 5092088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881824-Tribunal_Order.pdf.

19 Staithes Drive North, Whitby, Porirua 5024 Tenancy Tribunal Case 5092088 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5092088 — net $4,524.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/11/24	$5,397.86	Rent arrears to 26/11/24
Lock/key replacement	$267.38	Lock/key replacement
Rubbish removal	$485.00	Rubbish removal
MOJ eviction warrant fee	$258.00	MOJ eviction warrant fee
Repairs: - dishwasher handle	$59.69	Repairs: - dishwasher handle
Insurance excess - wall and door repairs	$650.00	Insurance excess - wall and door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,524.93
Total payable by Tenant to Landlord	$4,524.93

Leilani Mary Keuatama Pahetogia must pay Team Group Rentals Limited Acting Agent For Trieu Minh Trang Nguyen $4,524.93 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,620.00 (5473332-014) to Team Group Rentals Limited Acting Agent For Trieu Minh Trang Nguyen immediately.

Reasons

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her 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.

How much is owed for rent?

The tenancy ended on 26 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy and I have made an order for the full amount claimed.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims the cost of the skip bin used to remove the tenant’s rubbish. I make an order for the full amount claimed.

The tenant did not return the keys. The tenant had to be evicted and the landlord incurred the cost of the eviction warrant. The landlord is entitled to be compensated for these cost of the eviction warrant and lock replacement.

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. 2

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). 3 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5

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. 6

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. 7

The following damage was caused during the tenancy: Walls were damaged, the bath was damaged and a glass door panel was broken. The dishwasher handle was broken. The damage appears likely to have been intentional.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed one insurance excess for the wall and door damage and the repair fee for the dishwasher.

The amounts ordered are proved with invoices for the repairs and photographs of the damage. Filing fee and suppression

As the landlord has been wholly successful with the claim I have awarded the filing fee.

The landlord did not seek name suppression. N Bradley 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. 22 May 2025

Claims and awards in Tenancy Tribunal application 5092088 — net $4,524.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/11/24	$5,397.86	Rent arrears to 26/11/24
Lock/key replacement	$267.38	Lock/key replacement
Rubbish removal	$485.00	Rubbish removal
MOJ eviction warrant fee	$258.00	MOJ eviction warrant fee
Repairs: - dishwasher handle	$59.69	Repairs: - dishwasher handle
Insurance excess - wall and door repairs	$650.00	Insurance excess - wall and door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,524.93
Total payable by Tenant to Landlord	$4,524.93

Order

Leilani Mary Keuatama Pahetogia must pay Team Group Rentals Limited Acting Agent For Trieu Minh Trang Nguyen $4,524.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,620.00 (5473332-014) to Team Group Rentals Limited Acting Agent For Trieu Minh Trang Nguyen immediately.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her 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.

How much is owed for rent?

The tenancy ended on 26 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy and I have made an order for the full amount claimed.

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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims the cost of the skip bin used to remove the tenant’s rubbish. I make an order for the full amount claimed.
The tenant did not return the keys. The tenant had to be evicted and the landlord incurred the cost of the eviction warrant. The landlord is entitled to be compensated for these cost of the eviction warrant and lock replacement.

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. 2
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). 3 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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. 6
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. 7
The following damage was caused during the tenancy: Walls were damaged, the bath was damaged and a glass door panel was broken. The dishwasher handle was broken. The damage appears likely to have been intentional.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed one insurance excess for the wall and door damage and the repair fee for the dishwasher.
The amounts ordered are proved with invoices for the repairs and photographs of the damage. Filing fee and suppression
As the landlord has been wholly successful with the claim I have awarded the filing fee.
The landlord did not seek name suppression. N Bradley 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. 6 See section 49B(1) RTA. 7 See Guo v Korck [2019] NZHC 1541. 22 May 2025

Tenancy Tribunal case 5092088 — Rent arrears at 19 Staithes Drive North, Whitby, Porirua 5024

At a glance

Tenancy Tribunal case 5092088 — Rent arrears at 19 Staithes Drive North, Whitby, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions