What was the outcome of Tenancy Tribunal case 5214032?

The tribunal order states: Nixon Wisen Toailoa and LeTisha Santa-Lija Fuatavai must pay Rental Works

How much money was awarded in case 5214032?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5214032?

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

Where can I read the official tribunal order for case 5214032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12074638-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5214032?

The tribunal order states: Nixon Wisen Toailoa and LeTisha Santa-Lija Fuatavai must pay Rental Works

How much money was awarded in case 5214032?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5214032?

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

Where can I read the official tribunal order for case 5214032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12074638-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 84 Luke Street East, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5214032 — Property damage

Order

Nixon Wisen Toailoa and LeTisha Santa-Lija Fuatavai must pay Rental Works Limited As Agent For Campbell Dick $902.07 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$475.73 Repairs: Walls and front door$862.50 Repairs: Bathroom (toilet and shower)$312.14 Cleaning$368.00 Rubbish removal and lawn mowing$330.00 Lock/key replacement$198.95 Water rates$127.75 Filing fee reimbursement$27.00 Total award$2,702.07 Bond (with landlord)$1,800.00 Total payable by Tenant to Landlord$902.07

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlords and it is applied against the debt in this order.

How much is owed for rent and water rates?

The tenancy ended on 11 February 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered, being rent arrears of $475.73 and water rates of $127.75.

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 did not leave the premises reasonably clean and tidy. The lawns were overgrown. Some rubbish was dispersed throughout the outside areas, requiring uplift and disposal.
The tenant did not return the keys. A locksmith invoice established the cost of replacement as $198.95.
The landlord provided a detailed evidence bundle, including entry and exit photos and invoices for costs incurred. I am satisfied all claims have been proven bar one, the cost of methamphetamine testing. I award the cost of cleaning ($368.00) and lawn and rubbish removal ($330.00)
The landlord arranged a methamphetamine test after the tenancy. Prior activities of the tenants had concerned it so a detailed test was commissioned immediately, rather than the more typical composite test. The test results found no or trace indicators of methamphetamine in the six samples taken. No further or remedial action was recommended in the report. No baseline test was conducted before the tenancy. Given the result, I consider the cost of testing here remains with the landlord and the results still useful if a future need to establish a baseline for the current tenancy is required. This claim is dismissed.
The amounts ordered are proved.

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.
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. Walls and door. Three walls were damaged, mainly from fixtures. These fixtures were removed and the holes, and other damage created during the tenancy, were repaired and repainted. The front door had damage from dog scratches and required repainting. The landlord provided an invoice that itemised the effort and cost as totalling $862.50; photos evidenced the damage. This claim is awarded in full. b. Bathroom. The toilet seat, shower curtain, and shower hose fitting were missing or removed at the end of the tenancy. The invoice for repair/replacement was $312.14. Photos confirmed the removals as claimed. The claim is awarded in full.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Rental Works Limited As Agent For Campbell Dick has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Nixon Wisen Toailoa and LeTisha Santa-Lija Fuatavai must pay Rental Works Limited As Agent For Campbell Dick $902.07 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$475.73 Repairs: Walls and front door$862.50 Repairs: Bathroom (toilet and shower)$312.14 Cleaning$368.00 Rubbish removal and lawn mowing$330.00 Lock/key replacement$198.95 Water rates$127.75 Filing fee reimbursement$27.00 Total award$2,702.07 Bond (with landlord)$1,800.00 Total payable by Tenant to Landlord$902.07

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlords and it is applied against the debt in this order.

How much is owed for rent and water rates?

The tenancy ended on 11 February 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered, being rent arrears of $475.73 and water rates of $127.75.

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 did not leave the premises reasonably clean and tidy. The lawns were overgrown. Some rubbish was dispersed throughout the outside areas, requiring uplift and disposal.
The tenant did not return the keys. A locksmith invoice established the cost of replacement as $198.95.
The landlord provided a detailed evidence bundle, including entry and exit photos and invoices for costs incurred. I am satisfied all claims have been proven bar one, the cost of methamphetamine testing. I award the cost of cleaning ($368.00) and lawn and rubbish removal ($330.00)
The landlord arranged a methamphetamine test after the tenancy. Prior activities of the tenants had concerned it so a detailed test was commissioned immediately, rather than the more typical composite test. The test results found no or trace indicators of methamphetamine in the six samples taken. No further or remedial action was recommended in the report. No baseline test was conducted before the tenancy. Given the result, I consider the cost of testing here remains with the landlord and the results still useful if a future need to establish a baseline for the current tenancy is required. This claim is dismissed.
The amounts ordered are proved.

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.
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. Walls and door. Three walls were damaged, mainly from fixtures. These fixtures were removed and the holes, and other damage created during the tenancy, were repaired and repainted. The front door had damage from dog scratches and required repainting. The landlord provided an invoice that itemised the effort and cost as totalling $862.50; photos evidenced the damage. This claim is awarded in full. b. Bathroom. The toilet seat, shower curtain, and shower hose fitting were missing or removed at the end of the tenancy. The invoice for repair/replacement was $312.14. Photos confirmed the removals as claimed. The claim is awarded in full.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Rental Works Limited As Agent For Campbell Dick has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5214032 — Property damage at Unit/Flat 2, 84 Luke Street East, Otahuhu, Auckland 1062

Tenancy Tribunal case 5214032 — Property damage at Unit/Flat 2, 84 Luke Street East, Otahuhu, Auckland 1062

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?

Property management

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?

Property management