What was Tenancy Tribunal case 5313303 about?

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

How much money was awarded in case 5313303?

Rent Arrears: $17,544.00 awarded to landlord; Water Rates: $2,957.26 awarded to landlord

What type of tenancy dispute was case 5313303?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12685078-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5313303 about?

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

How much money was awarded in case 5313303?

Rent Arrears: $17,544.00 awarded to landlord; Water Rates: $2,957.26 awarded to landlord

What type of tenancy dispute was case 5313303?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12685078-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5313303 — Rent arrears

Claims and awards in Tenancy Tribunal application 5313303 — net $20,501.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$17,544.00	2. The Landlord has applied for rent arrears, water rates arrears and compensation.
Water rates	$2,957.26	Water rates
Net award	$20,501.26
Total payable by Tenant to Landlord	$20,501.26

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Julius Hycianth Ah Kuoi must pay [The landlord/s] $20,501.26 (“the debt”) being rent arrears to 21 July 2025.
The Tenants shall pay the debt in instalments as follows: a) The sum of $500.00 on or by 12 November 2025. b) Thereafter, weekly instalments of $120.00 each Wednesday until the debt is paid in full commencing 19 November 2025.

Reasons

The Landlord attended the hearing. The Tenant failed to attend.
The Landlord has applied for rent arrears, water rates arrears and compensation.

How much is owed in rent and water rates arrears?

The tenancy ended on 21 July 2025. The landlord has applied for rent arrears and water rates arrears and has provided records which prove the amount owing.

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: glass replacement. Glass replacement
The Landlord claimed for glass replacement to the ranch-slider which was damaged during the tenancy. At the hearing, they submitted an invoice for $200.00 which stated “repair slider panel- bottom track needs replacing why door fell out”. When questioned as to whether damage was due to a wear and tear issue, rather than the fault of the Tenants the Landlord was uncertain.
After the hearing, the Landlord emailed through the same invoice but crossed it out stating “remove from app”. They submitted a further invoice from a different glass supplier which did not refer to this tenancy address. At the top of the invoice, it stated “use this invoice for glass replacement”.
The Landlord also wrote to the Tribunal after the hearing, stating the Tenant had accepted responsibility for all the damage and referred to an email dated 3 November 2025 where the Tenant stated “I am writing in relation to the rent arrears in our tenancy at 21 Hokianga St. We fully acknowledge the outstanding balance and we are committed to clearing the arrears as quickly as possible”. Upon considering the email, I find the Tenants only accepted responsibility for the rent arrears not any further charges as the Landlord submitted.
Furthermore, the purpose of directing the Landlord to submit evidence after the hearing was to clarify the rent payments and how they wanted the debt to be paid. It was not an opportunity for the landlord to make further submissions and change the evidence they had provided at the hearing.
In considering the landlords evidence, there was inadequate proof provided of the costs to repair the glass or evidence to show that the damage occurred during the tenancy. There was no photograph of the damage or ingoing photograph to show the glass was intact before the Tenant moved in.
The claim is dismissed.
As [The applicant/s] has substantially succeeded with the claim, name suppression is granted to the Landlord as per section 95(A)(1) of the RTA. This provides that if a party is successful in proceedings before the Tenancy Tribunal, name suppression shall be granted.

Claims and awards in Tenancy Tribunal application 5313303 — net $20,501.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$17,544.00	2. The Landlord has applied for rent arrears, water rates arrears and compensation.
Water rates	$2,957.26	Water rates
Net award	$20,501.26
Total payable by Tenant to Landlord	$20,501.26

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Julius Hycianth Ah Kuoi must pay [The landlord/s] $20,501.26 (“the debt”) being rent arrears to 21 July 2025.
The Tenants shall pay the debt in instalments as follows: a) The sum of $500.00 on or by 12 November 2025. b) Thereafter, weekly instalments of $120.00 each Wednesday until the debt is paid in full commencing 19 November 2025.

Reasons

The Landlord attended the hearing. The Tenant failed to attend.
The Landlord has applied for rent arrears, water rates arrears and compensation.

How much is owed in rent and water rates arrears?

The tenancy ended on 21 July 2025. The landlord has applied for rent arrears and water rates arrears and has provided records which prove the amount owing.

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: glass replacement. Glass replacement
The Landlord claimed for glass replacement to the ranch-slider which was damaged during the tenancy. At the hearing, they submitted an invoice for $200.00 which stated “repair slider panel- bottom track needs replacing why door fell out”. When questioned as to whether damage was due to a wear and tear issue, rather than the fault of the Tenants the Landlord was uncertain.
After the hearing, the Landlord emailed through the same invoice but crossed it out stating “remove from app”. They submitted a further invoice from a different glass supplier which did not refer to this tenancy address. At the top of the invoice, it stated “use this invoice for glass replacement”.
The Landlord also wrote to the Tribunal after the hearing, stating the Tenant had accepted responsibility for all the damage and referred to an email dated 3 November 2025 where the Tenant stated “I am writing in relation to the rent arrears in our tenancy at 21 Hokianga St. We fully acknowledge the outstanding balance and we are committed to clearing the arrears as quickly as possible”. Upon considering the email, I find the Tenants only accepted responsibility for the rent arrears not any further charges as the Landlord submitted.
Furthermore, the purpose of directing the Landlord to submit evidence after the hearing was to clarify the rent payments and how they wanted the debt to be paid. It was not an opportunity for the landlord to make further submissions and change the evidence they had provided at the hearing.
In considering the landlords evidence, there was inadequate proof provided of the costs to repair the glass or evidence to show that the damage occurred during the tenancy. There was no photograph of the damage or ingoing photograph to show the glass was intact before the Tenant moved in.
The claim is dismissed.
As [The applicant/s] has substantially succeeded with the claim, name suppression is granted to the Landlord as per section 95(A)(1) of the RTA. This provides that if a party is successful in proceedings before the Tenancy Tribunal, name suppression shall be granted.

Tenancy Tribunal case 5313303 — Rent arrears

At a glance

Tenancy Tribunal case 5313303 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent and water rates arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed in rent and water rates arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions