What was the outcome of Tenancy Tribunal case 5200572?

The tribunal order states: Uinise Tangi and Vaiola Niuafe must pay Wiles Plan Limited $1,192.22

How much money was awarded in case 5200572?

Filing Fee: $27.00 awarded to landlord; Pest Control: $330.00 awarded to landlord; Property Damage: $675.63 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; Hole In Wall And Replacing Lights: $310.50 awarded to landlord; Rubbish Removal: $607.75 awarded to landlord; Water Rates: $101.34 awarded to landlord

What type of tenancy dispute was case 5200572?

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

Where can I read the official tribunal order for case 5200572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12059109-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5200572?

The tribunal order states: Uinise Tangi and Vaiola Niuafe must pay Wiles Plan Limited $1,192.22

How much money was awarded in case 5200572?

Filing Fee: $27.00 awarded to landlord; Pest Control: $330.00 awarded to landlord; Property Damage: $675.63 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord; Hole In Wall And Replacing Lights: $310.50 awarded to landlord; Rubbish Removal: $607.75 awarded to landlord; Water Rates: $101.34 awarded to landlord

What type of tenancy dispute was case 5200572?

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

Where can I read the official tribunal order for case 5200572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12059109-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 23 Rose Road, Papatoetoe, Manukau, Auckland Tenancy Tribunal Case 5200572 — Rent arrears

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Unit/Flat 3, 23 Rose Road, Papatoetoe, Manukau, Auckland Tenancy Tribunal Case 5200572 — 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 5200572 — net $1,192.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Water rates	$101.34	Water rates
Pest control	$330.00	Pest control
Rubbish removal	$607.75	Rubbish removal
Repairs: Hole in wall and replacing lights	$310.50	Repairs: Hole in wall and replacing lights
Lock/key replacement	$675.63	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,192.22
Total payable by Tenant to Landlord	$1,192.22

Claims and awards for application 5200572 — net $1,192.22 NZD. Verify on MoJ.

Rent arrears

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $101.34
Awarded to: Landlord
Reason: Water rates

Pest control

Amount: $330.00
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $607.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Hole in wall and replacing lights

Amount: $310.50
Awarded to: Landlord
Reason: Repairs: Hole in wall and replacing lights

Claim types — money lines allowed on this order

Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Uinise Tangi and Vaiola Niuafe must pay Wiles Plan Limited $1,192.22 immediately for rent arrears, water bills, filing fee and vacated costs, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,100.00 Water rates$101.34 Pest control$330.00 Rubbish removal$607.75 Repairs: Hole in wall and replacing lights$310.50 Lock/key replacement$675.63 Filing fee reimbursement$27.00 Total award$3,152.22 Minus Bond-$1,960.00 Total payable by Tenant to Landlord$1,192.22
The Bond Centre is to pay the bond of $1,960.00 (5059623-008) to Wiles Plan Limited immediately.

Reasons

The landlord attended the hearing, the tenants did not attend. The tenants were sent a notice of hearing and have not contacted the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenants.
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 2 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The rent arrears were $1100.00 and the water bills $101.34 as of 2 February 2025.
I am satisfied that the landlord has proven their claim for water bills and rent arrears.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants left a large amount of rubbish and discarded possessions throughout the property. The landlord provided photographs of the rubbish and cockroaches in the property.
The tenant did not return the keys to the front and back doors and the ranch slider door.
The landlord had to replace light bulbs in the rumpus room and the security light.
The landlord has provided the Tribunal with invoices for the cost of pest control, rubbish removal, replacement of light bulbs in the security light and rumpus room, key and locksmith costs.
The landlord has satisfied me that they have proven their claims for pest control, rubbish removal, lights, and locksmith costs.

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: -A large hole in the wall of the lounge.
The landlord provided pre let photos of the wall and photos of the wall at the end of the tenancy. The hole in the wall was clearly caused during this tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice from Handyman Direct Limited for the cost of the repairs. The total invoice was $310.50, which included the wall repair and the two bulbs mentioned earlier in the order.
I am satisfied that the landlord has proven their claims for the damage to the wall.
Because Wiles Plan Limited has wholly succeeded with the claim I must reimburse the filing fee.
The Bond Centre is to refund the bond immediately to the landlord to offset the debt owed by the tenants to the landlord.

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 5200572 — net $1,192.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Water rates	$101.34	Water rates
Pest control	$330.00	Pest control
Rubbish removal	$607.75	Rubbish removal
Repairs: Hole in wall and replacing lights	$310.50	Repairs: Hole in wall and replacing lights
Lock/key replacement	$675.63	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,192.22
Total payable by Tenant to Landlord	$1,192.22

Claims and awards for application 5200572 — net $1,192.22 NZD. Verify on MoJ.

Rent arrears

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $101.34
Awarded to: Landlord
Reason: Water rates

Pest control

Amount: $330.00
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $607.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Hole in wall and replacing lights

Amount: $310.50
Awarded to: Landlord
Reason: Repairs: Hole in wall and replacing lights

Claim types — money lines allowed on this order

Filing Fee Pest Control Property damage Rent arrears Rubbish Removal Water Rates

Order

Uinise Tangi and Vaiola Niuafe must pay Wiles Plan Limited $1,192.22 immediately for rent arrears, water bills, filing fee and vacated costs, as calculated and shown in table below: DescriptionLandlord Rent arrears$1,100.00 Water rates$101.34 Pest control$330.00 Rubbish removal$607.75 Repairs: Hole in wall and replacing lights$310.50 Lock/key replacement$675.63 Filing fee reimbursement$27.00 Total award$3,152.22 Minus Bond-$1,960.00 Total payable by Tenant to Landlord$1,192.22
The Bond Centre is to pay the bond of $1,960.00 (5059623-008) to Wiles Plan Limited immediately.

Reasons

The landlord attended the hearing, the tenants did not attend. The tenants were sent a notice of hearing and have not contacted the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenants.
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 2 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The rent arrears were $1100.00 and the water bills $101.34 as of 2 February 2025.
I am satisfied that the landlord has proven their claim for water bills and rent arrears.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants left a large amount of rubbish and discarded possessions throughout the property. The landlord provided photographs of the rubbish and cockroaches in the property.
The tenant did not return the keys to the front and back doors and the ranch slider door.
The landlord had to replace light bulbs in the rumpus room and the security light.
The landlord has provided the Tribunal with invoices for the cost of pest control, rubbish removal, replacement of light bulbs in the security light and rumpus room, key and locksmith costs.
The landlord has satisfied me that they have proven their claims for pest control, rubbish removal, lights, and locksmith costs.

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: -A large hole in the wall of the lounge.
The landlord provided pre let photos of the wall and photos of the wall at the end of the tenancy. The hole in the wall was clearly caused during this tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice from Handyman Direct Limited for the cost of the repairs. The total invoice was $310.50, which included the wall repair and the two bulbs mentioned earlier in the order.
I am satisfied that the landlord has proven their claims for the damage to the wall.
Because Wiles Plan Limited has wholly succeeded with the claim I must reimburse the filing fee.
The Bond Centre is to refund the bond immediately to the landlord to offset the debt owed by the tenants to the landlord.

Tenancy Tribunal case 5200572 — Rent arrears at Unit/Flat 3, 23 Rose Road, Papatoetoe, Manukau, Auckland

At a glance

Tenancy Tribunal case 5200572 — Rent arrears at Unit/Flat 3, 23 Rose Road, Papatoetoe, Manukau, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their 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 and water rates?

Did the tenant comply with their 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