What was the outcome of Tenancy Tribunal case 5192451?

The tribunal order states: Stephen Hohaia must pay Utiger Properties $1,710.00 immediately, calculated

How much money was awarded in case 5192451?

Filing Fee: $27.00 awarded to landlord; Property Damage: $469.43 awarded to landlord; Rent Arrears: $2,863.57 awarded to landlord

What type of tenancy dispute was case 5192451?

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

Where can I read the official tribunal order for case 5192451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11906805-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5192451?

The tribunal order states: Stephen Hohaia must pay Utiger Properties $1,710.00 immediately, calculated

How much money was awarded in case 5192451?

Filing Fee: $27.00 awarded to landlord; Property Damage: $469.43 awarded to landlord; Rent Arrears: $2,863.57 awarded to landlord

What type of tenancy dispute was case 5192451?

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

Where can I read the official tribunal order for case 5192451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11906805-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 741 East Maddisons Road, Rolleston, SELWYN Tenancy Tribunal Case 5192451 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5192451 — net $1,710.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,863.57	Rent arrears
Repairs	$469.43	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,710.00
Total payable by Tenant to Landlord	$1,710.00

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

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

The landlord’s application for termination of the tenancy was withdrawn as the tenancy has now come to an end.

How much is owed for rent?

The tenancy ended on 12 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,863.57.

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. The landlord is insured. The policy of insurance carries an excess of $1,000.00.

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.

Walls were damaged during the tenancy. The landlord thought that the damage had been caused by bed heads being too close to the wall and damaging the walls. The tenant has attempted to repair the damage. The landlord provided photos which indicate that the tenant’s repairs had not been carried out to a reasonable standard. The landlord provided a quote for the repair work of $469.43. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

As Utiger Properties has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5192451 — net $1,710.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,863.57	Rent arrears
Repairs	$469.43	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,710.00
Total payable by Tenant to Landlord	$1,710.00

Order

Stephen Hohaia must pay Utiger Properties $1,710.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 (6475226-009) to Utiger Properties immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord’s application for termination of the tenancy was withdrawn as the tenancy has now come to an end.

How much is owed for rent?

The tenancy ended on 12 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,863.57.

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. The landlord is insured. The policy of insurance carries an excess of $1,000.00.
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.
Walls were damaged during the tenancy. The landlord thought that the damage had been caused by bed heads being too close to the wall and damaging the walls. The tenant has attempted to repair the damage. The landlord provided photos which indicate that the tenant’s repairs had not been carried out to a reasonable standard. The landlord provided a quote for the repair work of $469.43. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Utiger Properties has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5192451 — Rent arrears at Unit/Flat B, 741 East Maddisons Road, Rolleston, SELWYN

At a glance

Tenancy Tribunal case 5192451 — Rent arrears at Unit/Flat B, 741 East Maddisons Road, Rolleston, SELWYN

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant 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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions