How much money was awarded in case 5242514?

Filing Fee: $27.00 awarded to landlord; Property Damage: $672.75 awarded to landlord; Rent Arrears: $1,364.00 awarded to landlord; Section 44A(1) - Expenses Reasonably…: $479.75 awarded to landlord

What type of tenancy dispute was case 5242514?

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

Where can I read the official tribunal order for case 5242514?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12066911-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5242514?

Filing Fee: $27.00 awarded to landlord; Property Damage: $672.75 awarded to landlord; Rent Arrears: $1,364.00 awarded to landlord; Section 44A(1) - Expenses Reasonably…: $479.75 awarded to landlord

What type of tenancy dispute was case 5242514?

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

Where can I read the official tribunal order for case 5242514?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12066911-Tenancy_Tribunal_Order.pdf.

41A Taraire Crescent, Otangarei, Whangarei 0112 Tenancy Tribunal Case 5242514 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5242514?

The tribunal order states: Takuwai Tito Huaki must pay Rentals.Co.Nz Limited T/As Rental Experts Acting

Order

Claims and awards in Tenancy Tribunal application 5242514 — net $423.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2025	$1,364.00	Rent arrears to 10 April 2025
Section 44A(1) - expenses reasonably incurred by landlord in termination of the tenancy	$479.75	Section 44A(1) - expenses reasonably incurred by landlord in termination of the tenancy
Repairs	$672.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$423.50
Total payable by Tenant to Landlord	$423.50

Takuwai Tito Huaki must pay Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather $423.50 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,120.00 to Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather immediately.

Reasons

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely. RENT ARREARS & COSTS REASONABLY INCURRED BY LANDLORD IN

TERMINATING THE TENANCY

The tenancy began on 19 December 2024 and was a fixed-term tenancy until 3 February 2026. The landlord agreed to allow the tenant to end the tenancy early, provided the tenant pay rent until a new tenancy began and reimbursed the landlord reasonable costs associated with re-tenanting the premises. 1

The landlord gave evidence that a new tenancy began on 11 April 2025. I accept the landlord’s evidence on this point.

The landlord submitted a rent summary, which proves rent arrears up to 10 April 2025 are $1,364.00. The landlord’s claim for rent arrears is granted for this amount. 1 Residential Tenancies Act 1986, sections 43C, 44 and 44A.

The landlord submitted an invoice for $479.75, which breaks down the costs incurred in re-tenanting the premises for tasks such as, advertising the premises and completing credit checks on prospective tenants. The landlord’s claim for compensation of $479.75 to cover these costs is granted.

DAMAGE

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. 2

The landlord submitted photographs taken at the beginning and end of the tenancy. Based upon a comparison of these photographs, I am convinced on the balance of probabilities that the following damage occurred during the tenancy: a. Paint removed from the wall in the hallway; and b. Paint removed from the wall in one of the bedrooms.

The damage is more than fair wear and tear, and the tenant has not disproved liability.

The landlord gave evidence that the premises were freshly painted at the beginning of the tenancy after suffering extensive damage from a previous tenancy. I accept the landlord’s evidence on this point.

The landlord submitted an invoice for $672.75 to paint the walls in the hallway and bedroom. The landlord’s claim for compensation is granted for this amount.

I have taken into account 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. 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 & 49B.

FILING FEE

Because Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5242514 — net $423.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2025	$1,364.00	Rent arrears to 10 April 2025
Section 44A(1) - expenses reasonably incurred by landlord in termination of the tenancy	$479.75	Section 44A(1) - expenses reasonably incurred by landlord in termination of the tenancy
Repairs	$672.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$423.50
Total payable by Tenant to Landlord	$423.50

Order

Takuwai Tito Huaki must pay Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather $423.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,120.00 to Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely. RENT ARREARS & COSTS REASONABLY INCURRED BY LANDLORD IN

TERMINATING THE TENANCY

The tenancy began on 19 December 2024 and was a fixed-term tenancy until 3 February 2026. The landlord agreed to allow the tenant to end the tenancy early, provided the tenant pay rent until a new tenancy began and reimbursed the landlord reasonable costs associated with re-tenanting the premises. 1
The landlord gave evidence that a new tenancy began on 11 April 2025. I accept the landlord’s evidence on this point.
The landlord submitted a rent summary, which proves rent arrears up to 10 April 2025 are $1,364.00. The landlord’s claim for rent arrears is granted for this amount. 1 Residential Tenancies Act 1986, sections 43C, 44 and 44A.
The landlord submitted an invoice for $479.75, which breaks down the costs incurred in re-tenanting the premises for tasks such as, advertising the premises and completing credit checks on prospective tenants. The landlord’s claim for compensation of $479.75 to cover these costs is granted.

DAMAGE

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. 2
The landlord submitted photographs taken at the beginning and end of the tenancy. Based upon a comparison of these photographs, I am convinced on the balance of probabilities that the following damage occurred during the tenancy: a. Paint removed from the wall in the hallway; and b. Paint removed from the wall in one of the bedrooms.
The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord gave evidence that the premises were freshly painted at the beginning of the tenancy after suffering extensive damage from a previous tenancy. I accept the landlord’s evidence on this point.
The landlord submitted an invoice for $672.75 to paint the walls in the hallway and bedroom. The landlord’s claim for compensation is granted for this amount.
I have taken into account 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. 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 & 49B.

FILING FEE

Because Rentals.Co.Nz Limited T/As Rental Experts Acting As Agent For Roger And Jillian Leather has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5242514 — Rent arrears at 41A Taraire Crescent, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 5242514 — Rent arrears at 41A Taraire Crescent, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

TERMINATING THE TENANCY

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TERMINATING THE TENANCY

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions