What was the outcome of Tenancy Tribunal case 5231273?

The tribunal order states: Rose Rapihana and Sherel Maree Ngawiki Nathan must pay Rental Hq Limited

How much money was awarded in case 5231273?

Cleaning: $448.50 awarded to landlord; Eviction Cost- Bailiff: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Locks Changed Front Entrance Door, 2…: $862.50 awarded to landlord; Previous Order Application 5107008 D…: $5,125.70 awarded to landlord; Property Damage: $51.75 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $2,570.00 awarded to landlord; Rent Arrears: $6,383.69 awarded to landlord; Painting- Walls: $4,232.00 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Rubbish Tip Fee: $136.00 awarded to landlord

What type of tenancy dispute was case 5231273?

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

Where can I read the official tribunal order for case 5231273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12097885-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5231273?

The tribunal order states: Rose Rapihana and Sherel Maree Ngawiki Nathan must pay Rental Hq Limited

How much money was awarded in case 5231273?

Cleaning: $448.50 awarded to landlord; Eviction Cost- Bailiff: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Locks Changed Front Entrance Door, 2…: $862.50 awarded to landlord; Previous Order Application 5107008 D…: $5,125.70 awarded to landlord; Property Damage: $51.75 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $2,570.00 awarded to landlord; Rent Arrears: $6,383.69 awarded to landlord; Painting- Walls: $4,232.00 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rubbish Removal: $552.00 awarded to landlord; Rubbish Tip Fee: $136.00 awarded to landlord

What type of tenancy dispute was case 5231273?

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

Where can I read the official tribunal order for case 5231273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12097885-Tenancy_Tribunal_Order.pdf.

18A Armada Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 5231273 — Property damage

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Claims and awards in Tenancy Tribunal application 5231273 — net $21,199.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2025	$6,383.69	Rent arrears to 4 March 2025
Previous order application 5107008 dated 26/02/2025	$5,125.70	Previous order application 5107008 dated 26/02/2025
Repairs: Painting- walls	$4,232.00	Repairs: Painting- walls
Locks changed front entrance door, 2x ranch slider, garage section door and garage side door	$862.50	Locks changed front entrance door, 2x ranch slider, garage section door and garage side door
Rubbish removal- truck and labour	$552.00	Rubbish removal- truck and labour
Rubbish tip fee	$136.00	Rubbish tip fee
Cleaning	$448.50	Cleaning
Lawns and Garden work	$69.00	Lawns and Garden work
Repairs: Toilet cistern replacement	$391.00	Repairs: Toilet cistern replacement
Bathroom towel rail repair	$51.75	Bathroom towel rail repair
Garage window glass replacement	$92.00	Garage window glass replacement
Eviction cost- bailiff	$258.00	Eviction cost- bailiff
Carpet replacement	$2,570.00	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$21,199.14
Total payable by Tenant to Landlord	$21,199.14

Claims and awards in Tenancy Tribunal application 5231273 — net $21,199.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 4 March 2025

$6,383.69

Rent arrears to 4 March 2025

Previous order application 5107008 dated 26/02/2025

$5,125.70

Previous order application 5107008 dated 26/02/2025

Repairs: Painting- walls

$4,232.00

Repairs: Painting- walls

Locks changed front entrance door, 2x ranch slider, garage section door and garage side door

$862.50

Locks changed front entrance door, 2x ranch slider, garage section door and garage side door

Rubbish removal- truck and labour

$552.00

Rubbish removal- truck and labour

Rubbish tip fee

$136.00

Rubbish tip fee

Cleaning

$448.50

Cleaning

Lawns and Garden work

$69.00

Lawns and Garden work

Repairs: Toilet cistern replacement

$391.00

Repairs: Toilet cistern replacement

Bathroom towel rail repair

$51.75

Bathroom towel rail repair

Garage window glass replacement

$92.00

Garage window glass replacement

Eviction cost- bailiff

$258.00

Eviction cost- bailiff

Carpet replacement

$2,570.00

Carpet replacement

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$21,199.14

Total payable by Tenant to Landlord

$21,199.14

Reasons

The landlord attended the hearing. The tenants did not.

I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.

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

On 26 February 2025, the Tribunal made an order relating to this tenancy, for $5,125.70, after the bind had been deducted from the debt the tenants owed to the landlord. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $5,125.70. Service of notice of hearing on tenant

The tenancy ended on 27 February 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 6 June 2025.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.

The landlord gave evidence that: a. It has tried to locate the tenants and has been unable to do so; b. The landlord has no idea where the tenants now live or work; c. There are email addresses for both tenants for service provided on the tenancy agreement. The landlord has sent emails to this address recently and has asked for a send receipt so that it knows the emails have been received but they are never acknowledged by the tenants or responded too; d. The tenants have not provided the landlord with a solicitor or other agent of the tenants that they have duly authorised to receive service on their behalf; e. The tenants change their phone numbers a lot, so the phone numbers on the tenancy agreement are unlikely to be valid; and f. Rose Rapihana has been hospitalised 6 months ago and the landlord has tried to contact her son. He has confirmed that he has passed the information about this matter on to his mother.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 4 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenanst 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 did not return the keys as they were evicted by a bailiff, so the landlord had the locks changed on the front entrance door, the two ranch sliders, the garage section door and the garage side door.

The amounts ordered are proved.

Are the tenants 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. Toilet cistern that was damaged and required replacement; b. Bathroom towel rail that required repair; c. Garage window glass that required replacement; d. Satins on carpet in all rooms of many colours that required replacement as the stains could not be removed; and e. Damage to the walls in all rooms that required plastering, sanding and painting.

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The owner had no tenant damage insurance for this property.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Rental Hq Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5231273 — net $21,199.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2025	$6,383.69	Rent arrears to 4 March 2025
Previous order application 5107008 dated 26/02/2025	$5,125.70	Previous order application 5107008 dated 26/02/2025
Repairs: Painting- walls	$4,232.00	Repairs: Painting- walls
Locks changed front entrance door, 2x ranch slider, garage section door and garage side door	$862.50	Locks changed front entrance door, 2x ranch slider, garage section door and garage side door
Rubbish removal- truck and labour	$552.00	Rubbish removal- truck and labour
Rubbish tip fee	$136.00	Rubbish tip fee
Cleaning	$448.50	Cleaning
Lawns and Garden work	$69.00	Lawns and Garden work
Repairs: Toilet cistern replacement	$391.00	Repairs: Toilet cistern replacement
Bathroom towel rail repair	$51.75	Bathroom towel rail repair
Garage window glass replacement	$92.00	Garage window glass replacement
Eviction cost- bailiff	$258.00	Eviction cost- bailiff
Carpet replacement	$2,570.00	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$21,199.14
Total payable by Tenant to Landlord	$21,199.14

Claims and awards in Tenancy Tribunal application 5231273 — net $21,199.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 4 March 2025

$6,383.69

Rent arrears to 4 March 2025

Previous order application 5107008 dated 26/02/2025

$5,125.70

Previous order application 5107008 dated 26/02/2025

Repairs: Painting- walls

$4,232.00

Repairs: Painting- walls

Locks changed front entrance door, 2x ranch slider, garage section door and garage side door

$862.50

Locks changed front entrance door, 2x ranch slider, garage section door and garage side door

Rubbish removal- truck and labour

$552.00

Rubbish removal- truck and labour

Rubbish tip fee

$136.00

Rubbish tip fee

Cleaning

$448.50

Cleaning

Lawns and Garden work

$69.00

Lawns and Garden work

Repairs: Toilet cistern replacement

$391.00

Repairs: Toilet cistern replacement

Bathroom towel rail repair

$51.75

Bathroom towel rail repair

Garage window glass replacement

$92.00

Garage window glass replacement

Eviction cost- bailiff

$258.00

Eviction cost- bailiff

Carpet replacement

$2,570.00

Carpet replacement

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$21,199.14

Total payable by Tenant to Landlord

$21,199.14

Reasons

The landlord attended the hearing. The tenants did not.

I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.

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

The tenancy ended on 27 February 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 6 June 2025.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 4 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenanst comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved.

Are the tenants responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The owner had no tenant damage insurance for this property.

The amounts ordered are proved.

Because Rental Hq Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5231273 — Property damage at 18A Armada Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 5231273 — Property damage at 18A Armada Drive, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenanst comply with their obligations at the end of the tenancy?

Are the tenants 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?

Did the tenanst comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions