What was the outcome of Tenancy Tribunal case 5172072?

The tribunal order states: Penehuro Mose must pay Mf Corporation Limited Acting Agent for Michael

How much money was awarded in case 5172072?

Filing Fee: $27.00 awarded to landlord; Property Damage: $370.51 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $2,615.77 awarded to landlord

What type of tenancy dispute was case 5172072?

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

Where can I read the official tribunal order for case 5172072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11820837-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5172072?

The tribunal order states: Penehuro Mose must pay Mf Corporation Limited Acting Agent for Michael

How much money was awarded in case 5172072?

Filing Fee: $27.00 awarded to landlord; Property Damage: $370.51 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $2,615.77 awarded to landlord

What type of tenancy dispute was case 5172072?

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

Where can I read the official tribunal order for case 5172072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11820837-Tenancy_Tribunal_Order.pdf.

13 Collett Road, Otara, Auckland 2023 Tenancy Tribunal Case 5172072 — Rent arrears

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13 Collett Road, Otara, Auckland 2023 Tenancy Tribunal Case 5172072 — Rent arrears | 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 5172072 — net $4,763.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,750.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$2,615.77	Water rates
Window repairs	$370.51	Window repairs
Net award	$4,763.28
Total payable by Tenant to Landlord	$4,763.28

Claims and awards for application 5172072 — net $4,763.28 NZD. Verify on MoJ.

Rent arrears

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $2,615.77
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $370.51
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $4,763.28

Total payable by Tenant to Landlord

Landlord $4,763.28

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Penehuro Mose must pay Mf Corporation Limited Acting Agent for Michael Mackinven $4,763.28 immediately, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,750.00 Filing fee reimbursement$27.00 Water rates$2,615.77 Window repairs$370.51 Total award$4,763.28 Total payable by Tenant to Landlord$4,763.28

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, water bills, compensation, 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 15 April 2025. The landlord provided rent records and water rates invoices which prove the amount of $1750.00 in rent arrears and $2615.77 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills and rent arrears.

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 tenant damaged two windows in the property during the tenancy. The landlord provided an invoice for the cost of the repairs and explained that the parties had an agreement to split the cost between them. The tenant share of the invoice is $370.51.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Mf Corporation Limited Acting Agent for Michael Mackinven has wholly succeeded with the claim I must reimburse the filing fee.

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 5172072 — net $4,763.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,750.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$2,615.77	Water rates
Window repairs	$370.51	Window repairs
Net award	$4,763.28
Total payable by Tenant to Landlord	$4,763.28

Claims and awards for application 5172072 — net $4,763.28 NZD. Verify on MoJ.

Rent arrears

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $2,615.77
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $370.51
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $4,763.28

Total payable by Tenant to Landlord

Landlord $4,763.28

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Penehuro Mose must pay Mf Corporation Limited Acting Agent for Michael Mackinven $4,763.28 immediately, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,750.00 Filing fee reimbursement$27.00 Water rates$2,615.77 Window repairs$370.51 Total award$4,763.28 Total payable by Tenant to Landlord$4,763.28

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for rent arrears, water bills, compensation, 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 15 April 2025. The landlord provided rent records and water rates invoices which prove the amount of $1750.00 in rent arrears and $2615.77 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills and rent arrears.

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 tenant damaged two windows in the property during the tenancy. The landlord provided an invoice for the cost of the repairs and explained that the parties had an agreement to split the cost between them. The tenant share of the invoice is $370.51.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Mf Corporation Limited Acting Agent for Michael Mackinven has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5172072 — Rent arrears at 13 Collett Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5172072 — Rent arrears at 13 Collett Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions