How much money was awarded in case 5194851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,360.00 awarded to landlord; Door And Lock: $1,060.79 awarded to landlord

What type of tenancy dispute was case 5194851?

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

Where can I read the official tribunal order for case 5194851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11961823-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5194851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,360.00 awarded to landlord; Door And Lock: $1,060.79 awarded to landlord

What type of tenancy dispute was case 5194851?

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

Where can I read the official tribunal order for case 5194851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11961823-Tenancy_Tribunal_Order.pdf.

Unit/Flat 915, 72 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 5194851 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5194851?

The tribunal order states: The tenancy of Marcella Patricia Paekitawhiti Kokiri at Unit/Flat 915, 72 Nelson

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Order

Claims and awards in Tenancy Tribunal application 5194851 — net $7,927.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,360.00	Rent arrears
Repairs: Door and lock	$1,060.79	Repairs: Door and lock
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,927.79
Total payable by Tenant to Landlord	$7,927.79

The tenancy of Marcella Patricia Paekitawhiti Kokiri at Unit/Flat 915, 72 Nelson Street, Auckland Central, Auckland 1010, Zest is terminated, and possession is granted to Hemal Prakash Shukla, at 11.59 am on Monday 16 June 2025.

The Bond Centre is to pay the bond of $1,520.00 (BN-00006562) to Hemal Prakash Shukla immediately.

Marcella Patricia Paekitawhiti Kokiri must pay Hemal Prakash Shukla $7,927.79 immediately, calculated as shown in the table below:

Reasons

The landlord attended the 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 termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $8,360.00.

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.

A door and lock were damaged during the tenancy. The landlord provided evidence of the tenant attempting to break into the apartment. The damage caused was intentional. The landlord provided an invoice from the locksmith which included an after-hours call out charge. The invoice is for $1,060.79 and includes the body corporate administration fee of $28.75.The tenant had been provided with a copy of the body corporate rules at the commencement of the tenancy. 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 Hemal Prakash Shukla has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5194851 — net $7,927.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,360.00	Rent arrears
Repairs: Door and lock	$1,060.79	Repairs: Door and lock
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,927.79
Total payable by Tenant to Landlord	$7,927.79

The Bond Centre is to pay the bond of $1,520.00 (BN-00006562) to Hemal Prakash Shukla immediately.

Marcella Patricia Paekitawhiti Kokiri must pay Hemal Prakash Shukla $7,927.79 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing.

The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $8,360.00.

Is the tenant responsible for the damage to the premises?

The amount ordered is proven.

As Hemal Prakash Shukla has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5194851 — Rent arrears at Unit/Flat 915, 72 Nelson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 5194851 — Rent arrears at Unit/Flat 915, 72 Nelson Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions