How much money was awarded in case 5108795?

Electrician Call-Out Fee - Oven: $120.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $5,245.71 awarded to landlord; Replace Burglar Alarm: $400.00 awarded to landlord

What type of tenancy dispute was case 5108795?

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

Where can I read the official tribunal order for case 5108795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702643-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5108795?

Electrician Call-Out Fee - Oven: $120.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $5,245.71 awarded to landlord; Replace Burglar Alarm: $400.00 awarded to landlord

What type of tenancy dispute was case 5108795?

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

Where can I read the official tribunal order for case 5108795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702643-Tribunal_Order_Redacted.pdf.

1 Korokio Lane, Henderson, Auckland 0612 Tenancy Tribunal Case 5108795 — Rent arrears

Q: What was Tenancy Tribunal case 5108795 about?

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

Order

Claims and awards in Tenancy Tribunal application 5108795 — net $4,873.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 26 January 2025	$5,245.71	Rent arrears as at 26 January 2025
Replacement of 2 window stays	$150.00	Replacement of 2 window stays
Replacement of damaged cooktop	$400.00	Replacement of damaged cooktop
Repair damage to walls	$450.00	Repair damage to walls
Replacement kitchen sink	$400.00	Replacement kitchen sink
Replace burglar alarm	$400.00	Replace burglar alarm
Electrician call-out fee - oven	$120.75	Electrician call-out fee - oven
Replacement oven	$400.00	Replacement oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,873.46
Total payable by Tenant to Landlord	$4,873.46

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Maria Witehira and Calvin Justice-shaw Rihari at 1 Korokio Lane, Henderson, Auckland 0612 was terminated, and possession was granted to [The landlord/s], at 11.59pm on 26 January 2025.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Maria Witehira and Calvin Justice-shaw Rihari must pay [The landlord/s] $4,873.46 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by video conference. Neither of the tenants linked to the Teams link provided to them and nor did they answer their phones when called. The hearing proceeded in their absence.

This Order should be read together with the Tribunal’s previous Order dated 25 February 2025.

The landlord has applied for termination, rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

I shall deal with each of the issues identified at today’s hearing in turn. Termination of tenancy

The background to this part of the claim is that both tenants were incarcerated near the end of 2024. The landlord had conversations with Ms Witehira’s sister and with Ms Witehira in late December and early January 2025 and it was understood that Ms Witehira would contact the landlord once she was released from prison.

Ms Witehira did not contact the landlord and in order to prevent the rent arrears from escalating further, it was decided that Ms Witehira’s brother would take over the tenancy on 27 January 2025.

For that reason I have put the date of termination for Ms Witehira and Mr Rahiri’s tenancy at 26 January 2025.

How much is owed for rent?

The landlord provided rent records which prove the amount owing as at 26 January 2025 - $5,245.71.

Are the tenants 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.

I shall take each of the damages claims in turn. I note that the landlord has not yet applied to their insurer for cover of any claims that are more than the $400.00 excess payable on each claim. At today’s hearing the landlord appeared to be confident that their insurer would cover those claims and so I have ordered the tenants to pay only the excess payable, rather than the full cost of the repair/replacement.

It was understood at today’s hearing that if the insurer did not cover some or all of these claims then the landlord would be able to make a further application to the Tribunal seeking the full cost of the repair/replacement.

The premises were brand new when the tenants commenced their tenancy and so I accept that all the damage listed below were caused during their tenancy. The damage is more than fair wear and tear.

The inspection and photos were taken on 27 January 2025. Replacement safety stays

The photos show that two window safety stays were damaged and needed replacing. The cost of doing so was invoiced at $150.00. Damaged cook-top

The photos show that there was significant damage to the cook-top. It cost $707.00 to replace and instal the cooktop and so I am ordering the tenants to pay the $400.00 insurance excess. Repair to walls

The photos show that there was damage to the walls throughout the tenancy which was beyond fair wear and tear. Te cost of remedying all of this damage was $450.00 and the tenants are required to pay this amount.

I note that the insurance excess of $400.00 would likely be applied to each damage to the wall and so $450.00 would be the lesser cost for the tenants to pay. Replacement kitchen sink

The photos show that the tenants caused a hole in the kitchen sink which meant that it needed to be replaced. The cost of replacement was invoiced at $1,380.00 but I am at this stage only ordering the tenants to pay the $400.00 insurance excess. Replacement burglar alarm

The photos show that the burglar alarm was cut from the wall and the invoiced cost of replacing it and repairing the damage was $465.75. Again I am ordering the tenants to pay the insurance excess of $400.00. Oven

The photos show that the tenants caused significant damage to the oven. An electrician was called to see whether it could be repaired. The tenants are to pay the cost of this call-out - $120.75.

The oven was not able to be repaired and so the tenants are required to pay the insurance excess of $400.00 towards the cost of its replacement and installation. The total cost was in fact $857.00. Filing fee reimbursement

The landlord was wholly successful in this claim so the tenants are required to reimburse the filing fee to the landlord. C ter Haar 10 April 2025

Claims and awards in Tenancy Tribunal application 5108795 — net $4,873.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 26 January 2025	$5,245.71	Rent arrears as at 26 January 2025
Replacement of 2 window stays	$150.00	Replacement of 2 window stays
Replacement of damaged cooktop	$400.00	Replacement of damaged cooktop
Repair damage to walls	$450.00	Repair damage to walls
Replacement kitchen sink	$400.00	Replacement kitchen sink
Replace burglar alarm	$400.00	Replace burglar alarm
Electrician call-out fee - oven	$120.75	Electrician call-out fee - oven
Replacement oven	$400.00	Replacement oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,873.46
Total payable by Tenant to Landlord	$4,873.46

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Maria Witehira and Calvin Justice-shaw Rihari at 1 Korokio Lane, Henderson, Auckland 0612 was terminated, and possession was granted to [The landlord/s], at 11.59pm on 26 January 2025.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Maria Witehira and Calvin Justice-shaw Rihari must pay [The landlord/s] $4,873.46 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by video conference. Neither of the tenants linked to the Teams link provided to them and nor did they answer their phones when called. The hearing proceeded in their absence.
This Order should be read together with the Tribunal’s previous Order dated 25 February 2025.
The landlord has applied for termination, rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
I shall deal with each of the issues identified at today’s hearing in turn. Termination of tenancy
The background to this part of the claim is that both tenants were incarcerated near the end of 2024. The landlord had conversations with Ms Witehira’s sister and with Ms Witehira in late December and early January 2025 and it was understood that Ms Witehira would contact the landlord once she was released from prison.
Ms Witehira did not contact the landlord and in order to prevent the rent arrears from escalating further, it was decided that Ms Witehira’s brother would take over the tenancy on 27 January 2025.
For that reason I have put the date of termination for Ms Witehira and Mr Rahiri’s tenancy at 26 January 2025.

How much is owed for rent?

The landlord provided rent records which prove the amount owing as at 26 January 2025 - $5,245.71.

Are the tenants 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.
I shall take each of the damages claims in turn. I note that the landlord has not yet applied to their insurer for cover of any claims that are more than the $400.00 excess payable on each claim. At today’s hearing the landlord appeared to be confident that their insurer would cover those claims and so I have ordered the tenants to pay only the excess payable, rather than the full cost of the repair/replacement.
It was understood at today’s hearing that if the insurer did not cover some or all of these claims then the landlord would be able to make a further application to the Tribunal seeking the full cost of the repair/replacement.
The premises were brand new when the tenants commenced their tenancy and so I accept that all the damage listed below were caused during their tenancy. The damage is more than fair wear and tear.
The inspection and photos were taken on 27 January 2025. Replacement safety stays
The photos show that two window safety stays were damaged and needed replacing. The cost of doing so was invoiced at $150.00. Damaged cook-top
The photos show that there was significant damage to the cook-top. It cost $707.00 to replace and instal the cooktop and so I am ordering the tenants to pay the $400.00 insurance excess. Repair to walls
The photos show that there was damage to the walls throughout the tenancy which was beyond fair wear and tear. Te cost of remedying all of this damage was $450.00 and the tenants are required to pay this amount.
I note that the insurance excess of $400.00 would likely be applied to each damage to the wall and so $450.00 would be the lesser cost for the tenants to pay. Replacement kitchen sink
The photos show that the tenants caused a hole in the kitchen sink which meant that it needed to be replaced. The cost of replacement was invoiced at $1,380.00 but I am at this stage only ordering the tenants to pay the $400.00 insurance excess. Replacement burglar alarm
The photos show that the burglar alarm was cut from the wall and the invoiced cost of replacing it and repairing the damage was $465.75. Again I am ordering the tenants to pay the insurance excess of $400.00. Oven
The photos show that the tenants caused significant damage to the oven. An electrician was called to see whether it could be repaired. The tenants are to pay the cost of this call-out - $120.75.
The oven was not able to be repaired and so the tenants are required to pay the insurance excess of $400.00 towards the cost of its replacement and installation. The total cost was in fact $857.00. Filing fee reimbursement
The landlord was wholly successful in this claim so the tenants are required to reimburse the filing fee to the landlord. C ter Haar 10 April 2025

Tenancy Tribunal case 5108795 — Rent arrears at 1 Korokio Lane, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5108795 — Rent arrears at 1 Korokio Lane, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions