How much money was awarded in case 5262944?

Filing Fee: $27.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Rent Arrears: $1,532.85 awarded to landlord; Holes In Walls: $448.50 awarded to landlord; Repainting (50% Depreciated: $313.95 awarded to landlord; Water Rates: $243.20 awarded to landlord

What type of tenancy dispute was case 5262944?

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

Where can I read the official tribunal order for case 5262944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12998677-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5262944?

Filing Fee: $27.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Rent Arrears: $1,532.85 awarded to landlord; Holes In Walls: $448.50 awarded to landlord; Repainting (50% Depreciated: $313.95 awarded to landlord; Water Rates: $243.20 awarded to landlord

What type of tenancy dispute was case 5262944?

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

Where can I read the official tribunal order for case 5262944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12998677-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5262944 — Rent arrears

Q: What was Tenancy Tribunal case 5262944 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5262944 — net $1,654.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 16 April 2025	$1,532.85	Rent arrears as at 16 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$243.20	Water rates
Window repair	$414.00	Window repair
Repairs: Holes in walls	$448.50	Repairs: Holes in walls
Repairs: Repainting (50% depreciated	$313.95	Repairs: Repainting (50% depreciated
Net award	$1,654.30
Total payable by Tenant to Landlord	$1,654.30

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Letitaia Faalavaau must pay [The landlord/s] $1,654.30 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,325.20 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

The landlord has applied for rent arrears, water rates, 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 16 April 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

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.

The following damage was caused during the tenancy: a. Multiple holes in walls (17 referenced in invoice) were shown in a series of photos. The premises was new at commencement in 2019. The cost of repairs as invoiced was $448.50 and this is awarded. The repainting is awarded at 50% of the invoiced cost, being $313.95 (see betterment and depreciation below) b. A broken window was evidence by a photo and the cost proven by an invoice. $414.00 for the replacement window is ordered.

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

The amounts ordered are proved.

I have taken into account betterment and depreciation for the repainting. 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5262944 — net $1,654.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 16 April 2025	$1,532.85	Rent arrears as at 16 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$243.20	Water rates
Window repair	$414.00	Window repair
Repairs: Holes in walls	$448.50	Repairs: Holes in walls
Repairs: Repainting (50% depreciated	$313.95	Repairs: Repainting (50% depreciated
Net award	$1,654.30
Total payable by Tenant to Landlord	$1,654.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Letitaia Faalavaau must pay [The landlord/s] $1,654.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,325.20 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, water rates, 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 16 April 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

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.
The following damage was caused during the tenancy: a. Multiple holes in walls (17 referenced in invoice) were shown in a series of photos. The premises was new at commencement in 2019. The cost of repairs as invoiced was $448.50 and this is awarded. The repainting is awarded at 50% of the invoiced cost, being $313.95 (see betterment and depreciation below) b. A broken window was evidence by a photo and the cost proven by an invoice. $414.00 for the replacement window is ordered.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation for the repainting. 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5262944 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5262944 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions