What was the outcome of Tenancy Tribunal case 5121136?

The tribunal order states: EDEN GEOFFREY CHRISTOPHER MARTIN and JESSICA MOETU RIPEKA

How much money was awarded in case 5121136?

Filing Fee: $27.00 awarded to landlord; Property Damage: $344.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $12,342.85 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rubbish Removal: $297.85 awarded to landlord

What type of tenancy dispute was case 5121136?

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

Where can I read the official tribunal order for case 5121136?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11865002-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121136?

The tribunal order states: EDEN GEOFFREY CHRISTOPHER MARTIN and JESSICA MOETU RIPEKA

How much money was awarded in case 5121136?

Filing Fee: $27.00 awarded to landlord; Property Damage: $344.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $12,342.85 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rubbish Removal: $297.85 awarded to landlord

What type of tenancy dispute was case 5121136?

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

Where can I read the official tribunal order for case 5121136?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11865002-Tenancy_Tribunal_Order.pdf.

13 Funnell Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5121136 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5121136 — net $9,586.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 March 2025	$12,342.85	Rent arrears to 25 March 2025
Lock/key replacement	$344.00	Lock/key replacement
Repairs: Interior plastering, painting and repairs to doors	$1,725.00	Repairs: Interior plastering, painting and repairs to doors
Hallway glass repairs	$250.00	Hallway glass repairs
Rubbish removal	$297.85	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,586.70
Total payable by Tenant to Landlord	$9,586.70

EDEN GEOFFREY CHRISTOPHER MARTIN and JESSICA MOETU RIPEKA TAHERE must pay Aam Estates Limited $9,586.70 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $5,400.00 (6093973-005) to Aam Estates Limited immediately. DescriptionLandlord Rent arrears to 25 March 2025$12,342.85 Lock/key replacement$344.00 Repairs: Interior plastering, painting and repairs to doors$1,725.00 Hallway glass repairs$250.00 Rubbish removal$297.85 Filing fee reimbursement$27.00 Total award$14,986.70 Bond$5,400.00 Total payable by Tenant to Landlord$9,586.70

Reasons

The landlord’s representative, Mr. Sarna, attended the hearing via teleconference.

I attempted to contact the tenants using the mobile numbers provided in the landlord’s application. The number for Mr. Martin returned a 'no response' message. I left two voicemail messages on Ms. Tahere’s mobile number. The hearing then continued in their 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 25 March 2025, as it was a 12-month fixed-term agreement running from 26 March 2024 to 25 March 2025. Mr. Sarna advised me that the tenant vacated the premises on 28 February 2025 without notice. Rent was charged through to the fixed term's end date.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.

The tenant did not remove all rubbish outside the house.

The tenant did not return the keys.

The amounts ordered are proved.

Mr. Sarna sought to claim two additional invoices: one for interior house cleaning and another for drain unblocking. However, I declined to consider these invoices as they were not properly served on the tenant. Mr. Sarna remains entitled to file a separate application seeking compensation for these additional claims.

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.

Mr. Sarna has submitted photographs supporting his claims regarding damage to the hallway glass, walls, and doors. The evidence is compelling.

The following damage was caused during the tenancy: a. Hallway glass, and b. Damage to the walls and doors.

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

The amounts ordered are proved. Filing fee

Because Aam Estates Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5121136 — net $9,586.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 March 2025	$12,342.85	Rent arrears to 25 March 2025
Lock/key replacement	$344.00	Lock/key replacement
Repairs: Interior plastering, painting and repairs to doors	$1,725.00	Repairs: Interior plastering, painting and repairs to doors
Hallway glass repairs	$250.00	Hallway glass repairs
Rubbish removal	$297.85	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,586.70
Total payable by Tenant to Landlord	$9,586.70

Order

EDEN GEOFFREY CHRISTOPHER MARTIN and JESSICA MOETU RIPEKA TAHERE must pay Aam Estates Limited $9,586.70 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $5,400.00 (6093973-005) to Aam Estates Limited immediately. DescriptionLandlord Rent arrears to 25 March 2025$12,342.85 Lock/key replacement$344.00 Repairs: Interior plastering, painting and repairs to doors$1,725.00 Hallway glass repairs$250.00 Rubbish removal$297.85 Filing fee reimbursement$27.00 Total award$14,986.70 Bond$5,400.00 Total payable by Tenant to Landlord$9,586.70

Reasons

The landlord’s representative, Mr. Sarna, attended the hearing via teleconference.
I attempted to contact the tenants using the mobile numbers provided in the landlord’s application. The number for Mr. Martin returned a 'no response' message. I left two voicemail messages on Ms. Tahere’s mobile number. The hearing then continued in their 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 25 March 2025, as it was a 12-month fixed-term agreement running from 26 March 2024 to 25 March 2025. Mr. Sarna advised me that the tenant vacated the premises on 28 February 2025 without notice. Rent was charged through to the fixed term's end date.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
The tenant did not remove all rubbish outside the house.
The tenant did not return the keys.
The amounts ordered are proved.
Mr. Sarna sought to claim two additional invoices: one for interior house cleaning and another for drain unblocking. However, I declined to consider these invoices as they were not properly served on the tenant. Mr. Sarna remains entitled to file a separate application seeking compensation for these additional claims.

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.
Mr. Sarna has submitted photographs supporting his claims regarding damage to the hallway glass, walls, and doors. The evidence is compelling.
The following damage was caused during the tenancy: a. Hallway glass, and b. Damage to the walls and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Aam Estates Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5121136 — Rent arrears at 13 Funnell Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5121136 — Rent arrears at 13 Funnell Place, Manurewa, Auckland 2102

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