Tenantcheck Insights · Case study
Tenancy Tribunal case 5133024 — Rent arrears at 49 Milson Drive, Papakura, Papakura 2110
Decided 7 May 2025 · Published 7 May 2025 · Application 5133024
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Papakura
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,343.14
- Total balance for Tenant to pay Landlord
- $991.64
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 8 December 2024 | $2,591.14 | Rent arrears to 8 December 2024 | |
| Carpet Cleaning | $517.50 | Carpet Cleaning | |
| Cleaning | $661.25 | Cleaning | |
| Repairs: Door holes | $172.50 | Repairs: Door holes | |
| Light bulbs/batteries |
Order
- Agnes Savili and Serafi Tagaloa must pay Pinnacle Realty Limited Acting Agent For Akub Ali $991.64 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,880.00 (6045788-005) to Pinnacle Realty Limited Acting Agent For Akub Ali immediately.
Reasons
- Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.
- 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 and water rates?
- The tenancy ended on 8 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
- The landlord had applied for water rates but at the hearing advised that the tenant had paid the water rates. After looking at the water invoices and the landlord invoices sent to the tenant it became apparent that the tenant had been charged for the sewer fixed charge from the water provider’s invoice.
- After the hearing the landlord provided a spreadsheet setting out the amount that the tenant paid for the sewer fixed charge, which she should not have paid for. The amount she overpaid was $235.75, which is a credit.
- In that statement the landlord included three invoices that the landlord had missed charging the tenant. The tenant should receive the invoices during the period when the debt is due not a year later. I have not included those missed invoices in the calculation.
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 did not leave the premises reasonably clean and tidy.
- The landlord had to replace light bulbs.
- The amounts ordered are proved.
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.
- The following damage was caused during the tenancy: door holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved.
- The other claims in the invoice produced by the landlord are dismissed due to lack of evidence or evidence that the damage was present at the beginning of the tenancy.
- Because Pinnacle Realty Limited Acting Agent For Akub Ali has substantially succeeded with the claim I have reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5133024?
The tribunal order states: Agnes Savili and Serafi Tagaloa must pay Pinnacle Realty Limited Acting Agent
How much money was awarded in case 5133024?
Cleaning: $517.50 awarded to landlord; Cleaning: $661.25 awarded to landlord; Compensation: Water Credit: $235.75 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $138.00 awarded to landlord; Rent Arrears: $2,591.14 awarded to landlord; Door Holes: $172.50 awarded to landlord
What type of tenancy dispute was case 5133024?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5133024?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11812606-Tenancy_Tribunal_Order.pdf.