What was the outcome of Tenancy Tribunal case 5157115?

The tribunal order states: Lee-Maree Penewiripo must pay Home In Place (New Zealand) Limited Puni

How much money was awarded in case 5157115?

Cleaning: $661.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Overpaid Rent As At 12 September 202…: $47.14 awarded to tenant; Pest Control: $345.00 awarded to landlord; Property Damage: $776.25 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord; Water Rates: $38.87 awarded to landlord

What type of tenancy dispute was case 5157115?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5157115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161513-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5157115?

The tribunal order states: Lee-Maree Penewiripo must pay Home In Place (New Zealand) Limited Puni

How much money was awarded in case 5157115?

Cleaning: $661.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Overpaid Rent As At 12 September 202…: $47.14 awarded to tenant; Pest Control: $345.00 awarded to landlord; Property Damage: $776.25 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord; Water Rates: $38.87 awarded to landlord

What type of tenancy dispute was case 5157115?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5157115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161513-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 1206, 38A Liverpool Street, Auckland Tenancy Tribunal Case 5157115 — Property damage

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Unit/Flat Apartment 1206, 38A Liverpool Street, Auckland Tenancy Tribunal Case 5157115 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5157115 — net $2,325.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates as at end of August 2025	$38.87		Water rates as at end of August 2025
Pest control	$345.00		Pest control
Repairs to wall in bedroom 2	$776.25		Repairs to wall in bedroom 2
Rubbish removal	$1,092.50		Rubbish removal
Cleaning including carpet cleaning and stain removal	$661.25		Cleaning including carpet cleaning and stain removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Overpaid rent as at 12 September 2025		$47.14	Overpaid rent as at 12 September 2025
Total award	$2,940.87	$47.14
Net award	$2,325.73
Total payable by Tenant to Landlord	$2,325.73

Claims and awards for application 5157115 — net $2,325.73 NZD. Verify on MoJ.

Water rates as at end of August 2025

Amount: $38.87
Awarded to: Landlord
Reason: Water rates as at end of August 2025

Pest control

Amount: $345.00
Awarded to: Landlord
Reason: Pest control

Repairs to wall in bedroom 2

Amount: $776.25
Awarded to: Landlord
Reason: Repairs to wall in bedroom 2

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning including carpet cleaning and stain removal

Amount: $661.25
Awarded to: Landlord
Reason: Cleaning including carpet cleaning and stain removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Lee-Maree Penewiripo must pay Home In Place (New Zealand) Limited Puni $2,325.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (6305948-013) to Home In Place (New Zealand) Limited Puni immediately.

Reasons

This application was scheduled to be heard by video conference. I rang the three numbers provide for the tenant. Two calls did not connect and the third was not answered. Th hearing proceeded in the tenant’s absence.
This Order ought to be read together with the Tribunal’s previous Order dated 22 May 2025. The hearing on that day was adjourned so that the landlord could provide further information to support their claim.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord claimed rent until 6 December 2024. At the last hearing I queried this end date given that there had been an immediate eviction order dated 1 August 2024.
At today’s hearing it became apparent that the landlord had not enforced the eviction order. However, it also became apparent that on 13 August 2024 the landlord was advised that the tenant was living elsewhere.
Given that the tenant had not given the required 28 days’ notice I am ordering the tenant to pay rent to 10 September 2024 – that is 28 days from the day on which the landlord became aware that the tenant was no longer living at the property.
Rent had been paid to 12 September 2024 and so the landlord owes the tenant a rent refund of $47.14.

How much is owed for water and electricity?

Tenants are required to pay for their usage of these utilities.
The hearing on 22 May 2025 was adjourned also so that the landlord had an opportunity to provide evidence of the tenant’s consumption of these utilities – for example, in the form of invoices.
The landlord has been able to show that as at 30 August 2024 $38.87 was owing in water. The tenant is required to pay this amount.
Inexplicably, given that the tenant was no longer living at the premises, there were also water accounts for September and October 2024. I am not requiring the tenant to pay these amounts.
I am also dismissing the claim for electricity charges. This is because there were no invoices provided indicating consumption. Further, the statement provided showed charges for the months of September, October, November and December 2024 – months that the landlord was aware that the tenant was no longer at the premises.
Please note that I am satisfied that the landlord was aware that the tenant was not residing at the premises during these months because there were emails dated 13 August 2024, 23 August 2024, 4 October 2024 and 27 November 2024 evidencing this.

Did the tenant comply with her 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 photographs show that the tenant did not leave the premises reasonably clean and tidy, and that there was a significant amount of rubbish left behind.
I also accept that there was a bed bug infestation in the lounge and two bedrooms.
The amounts ordered to remedy these issues are proved by invoices.

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 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.
The photographs show that the wall in bedroom 2 was significantly damaged. This was clearly beyond fear wear and tear.
The invoiced cost of repairing the wall is less than any excess payable or 4 weeks of market rent. Filing fee reimbursement
I am ordering the tenant to reimburse the cost of filing this application because the landlord was substantially successful with the claim against her. C ter Haar 24 July 2025

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5157115 — net $2,325.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates as at end of August 2025	$38.87		Water rates as at end of August 2025
Pest control	$345.00		Pest control
Repairs to wall in bedroom 2	$776.25		Repairs to wall in bedroom 2
Rubbish removal	$1,092.50		Rubbish removal
Cleaning including carpet cleaning and stain removal	$661.25		Cleaning including carpet cleaning and stain removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Overpaid rent as at 12 September 2025		$47.14	Overpaid rent as at 12 September 2025
Total award	$2,940.87	$47.14
Net award	$2,325.73
Total payable by Tenant to Landlord	$2,325.73

Claims and awards for application 5157115 — net $2,325.73 NZD. Verify on MoJ.

Water rates as at end of August 2025

Amount: $38.87
Awarded to: Landlord
Reason: Water rates as at end of August 2025

Pest control

Amount: $345.00
Awarded to: Landlord
Reason: Pest control

Repairs to wall in bedroom 2

Amount: $776.25
Awarded to: Landlord
Reason: Repairs to wall in bedroom 2

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning including carpet cleaning and stain removal

Amount: $661.25
Awarded to: Landlord
Reason: Cleaning including carpet cleaning and stain removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Lee-Maree Penewiripo must pay Home In Place (New Zealand) Limited Puni $2,325.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (6305948-013) to Home In Place (New Zealand) Limited Puni immediately.

Reasons

This application was scheduled to be heard by video conference. I rang the three numbers provide for the tenant. Two calls did not connect and the third was not answered. Th hearing proceeded in the tenant’s absence.
This Order ought to be read together with the Tribunal’s previous Order dated 22 May 2025. The hearing on that day was adjourned so that the landlord could provide further information to support their claim.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord claimed rent until 6 December 2024. At the last hearing I queried this end date given that there had been an immediate eviction order dated 1 August 2024.
At today’s hearing it became apparent that the landlord had not enforced the eviction order. However, it also became apparent that on 13 August 2024 the landlord was advised that the tenant was living elsewhere.
Given that the tenant had not given the required 28 days’ notice I am ordering the tenant to pay rent to 10 September 2024 – that is 28 days from the day on which the landlord became aware that the tenant was no longer living at the property.
Rent had been paid to 12 September 2024 and so the landlord owes the tenant a rent refund of $47.14.

How much is owed for water and electricity?

Tenants are required to pay for their usage of these utilities.
The hearing on 22 May 2025 was adjourned also so that the landlord had an opportunity to provide evidence of the tenant’s consumption of these utilities – for example, in the form of invoices.
The landlord has been able to show that as at 30 August 2024 $38.87 was owing in water. The tenant is required to pay this amount.
Inexplicably, given that the tenant was no longer living at the premises, there were also water accounts for September and October 2024. I am not requiring the tenant to pay these amounts.
I am also dismissing the claim for electricity charges. This is because there were no invoices provided indicating consumption. Further, the statement provided showed charges for the months of September, October, November and December 2024 – months that the landlord was aware that the tenant was no longer at the premises.
Please note that I am satisfied that the landlord was aware that the tenant was not residing at the premises during these months because there were emails dated 13 August 2024, 23 August 2024, 4 October 2024 and 27 November 2024 evidencing this.

Did the tenant comply with her 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 photographs show that the tenant did not leave the premises reasonably clean and tidy, and that there was a significant amount of rubbish left behind.
I also accept that there was a bed bug infestation in the lounge and two bedrooms.
The amounts ordered to remedy these issues are proved by invoices.

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 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.
The photographs show that the wall in bedroom 2 was significantly damaged. This was clearly beyond fear wear and tear.
The invoiced cost of repairing the wall is less than any excess payable or 4 weeks of market rent. Filing fee reimbursement
I am ordering the tenant to reimburse the cost of filing this application because the landlord was substantially successful with the claim against her. C ter Haar 24 July 2025

Tenancy Tribunal case 5157115 — Property damage at Unit/Flat Apartment 1206, 38A Liverpool Street, Auckland

At a glance

Tenancy Tribunal case 5157115 — Property damage at Unit/Flat Apartment 1206, 38A Liverpool Street, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for water and electricity?

Did the tenant comply with her 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?

How much is owed for water and electricity?

Did the tenant comply with her 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