What was Tenancy Tribunal case 5322559 about?

The tribunal order states: Faatea Abbasi and Amir Abbasi must immediately pay 360 Property Management

How much money was awarded in case 5322559?

Cleaning: $603.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,034.29 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $500.00 awarded to landlord

What type of tenancy dispute was case 5322559?

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

Where can I read the official tribunal order for case 5322559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12819454-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5322559 about?

The tribunal order states: Faatea Abbasi and Amir Abbasi must immediately pay 360 Property Management

How much money was awarded in case 5322559?

Cleaning: $603.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,034.29 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $500.00 awarded to landlord

What type of tenancy dispute was case 5322559?

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

Where can I read the official tribunal order for case 5322559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12819454-Tenancy_Tribunal_Order.pdf.

27A Hillcrest Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5322559 — Rent arrears

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27A Hillcrest Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5322559 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5322559 — net $316.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 June 2025	$1,034.29	Rent arrears to 27 June 2025
Water rates	$500.00	Water rates
Rubbish removal	$350.00	Rubbish removal
Cleaning	$603.75	Cleaning
Wall damage - nominal damages	$200.00	Wall damage - nominal damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$316.04
Total payable by Tenant to Landlord	$316.04

Claims and awards for application 5322559 — net $316.04 NZD. Verify on MoJ.

Rent arrears to 27 June 2025

Amount: $1,034.29
Awarded to: Landlord
Reason: Rent arrears to 27 June 2025

Water rates

Amount: $500.00
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $603.75
Awarded to: Landlord
Reason: Cleaning

Wall damage - nominal damages

Amount: $200.00
Awarded to: Landlord
Reason: Wall damage - nominal damages

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Faatea Abbasi and Amir Abbasi must immediately pay 360 Property Management Limited T/A Ray White 360 Property Management as agent for Joel Armstrong as trustee for the Pikorua Trust.
The Bond Centre is to pay the bond of $2,400.00 (6190401-001) to 360 Property Management Limited T/A Ray White 360 Property Management as agent for Joel Armstrong as trustee for the Pikorua Trust.
immediately. DescriptionLandlord Rent arrears to 27 June 2025$1,034.29 Water rates$500.00 Rubbish removal$350.00 Cleaning$603.75 Wall damage - nominal damages$200.00 Filing fee reimbursement$28.00 Total award$2,716.04 Bond$2,400.00 Total payable by Tenant to Landlord$316.04

Reasons

Loretta Dale attended the hearing for the landlord.
The tenants attended for themselves.
The landlord has applied for rent arrears, compensation, payment over 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 27 June 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenants were undercharged for water in the last year of the tenancy due to a Watercare meter reader error, which meant that they faced unexpectedly high water invoices at the end of the tenancy. The total amount of outstanding water due is $763.73. The District Court has found that in the comparable situation of a landlord only providing water invoices towards the end of the tenancy, so the tenants are not forewarned of what they must pay then the tenant is likely to be found liable to pay for only the last couple of the invoices. 1
In this case, although it was no fault of the landlord, the tenants were unaware of the correct water charges until the end of the tenancy. Therefore, I reduce the amount the tenants must pay for water to $500.00.

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

At the end of the tenancy, tenants 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. 2 .
The landlord’s photographs show that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Ms Dale submitted invoices that proved the landlord’s cost to have the premises cleaned and the rubbish removed. 1 Woollams v Simpson DC Auckland CIV-2005-004-1583,16 March 2006 at [20]. 2 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v).
The amounts ordered are proved.

Are the tenants liable for damage to the premises?

The landlord claims the tenants damaged two corner hinges of a kitchen cupboard, a trellis fence, curtain rails and curtains, and multiple walls in five rooms.
To succeed in a damage claim, the 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. 3
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). 4
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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6
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. 7
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. 8
The tenancy was of about eight years duration. The tenants had young, energetic children. A significant amount of wear and tear is to be expected in the circumstances. The landlord did not redecorate the interior of the house during the tenancy, so must have been behind in required maintenance of the house.
I am not satisfied that the damage to the hinges, fence, or windows is more than fair wear and tear. 3 RTA ss 40(2)(a), 41, and 49B. 4 RTA s 49B(3)(a. 5 RTA s 49B(3)(b). 6 RTA s 49B(3A)(a). 7 RTA s 49B(1). 8 See Guo v Korck [2019] NZHC 1541.
There was a significant amount of wall damage caused during the tenancy, largely due to the children’s activities. The tenants did their best to patch any significant holes. The photographs do not establish the standard of their repairs, but they appear to be of an at least passable quality. A painter could probably have sanded, applied some more plaster, sanded, and painted to get a goo result.
In this case the landlord never repaired the walls because he sold the house. The landlord claims he would have got a higher price for the house if it had not been damaged. However, I have not heard cogent evidence of that, and certainly no evidence that would enable the Tribunal to accurately quantify the economic loss.
The landlord had a duty to mitigate his loss by for example carrying out wall repairs if that would have enhanced the price he would have got for the sale. Moreover, if the landlord had not deferred maintaining the walls’ (walls usually require minor replastering and repainting every five years) the walls’ condition would have been much better.
The landlord’s loss is not proven. However, it is appropriate to award nominal damage for the wall damage some of which was more than fair wear and tear and caused carelessly. The Tribunal orders the sum of $200.00. Filing fee
The tenants must reimburse the landlord for the filing fee. 9 Bond
The Bond Centre is to release the bond to the landlord in part payment of this order.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5322559 — net $316.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 June 2025	$1,034.29	Rent arrears to 27 June 2025
Water rates	$500.00	Water rates
Rubbish removal	$350.00	Rubbish removal
Cleaning	$603.75	Cleaning
Wall damage - nominal damages	$200.00	Wall damage - nominal damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$316.04
Total payable by Tenant to Landlord	$316.04

Claims and awards for application 5322559 — net $316.04 NZD. Verify on MoJ.

Rent arrears to 27 June 2025

Amount: $1,034.29
Awarded to: Landlord
Reason: Rent arrears to 27 June 2025

Water rates

Amount: $500.00
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $603.75
Awarded to: Landlord
Reason: Cleaning

Wall damage - nominal damages

Amount: $200.00
Awarded to: Landlord
Reason: Wall damage - nominal damages

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Faatea Abbasi and Amir Abbasi must immediately pay 360 Property Management Limited T/A Ray White 360 Property Management as agent for Joel Armstrong as trustee for the Pikorua Trust.
The Bond Centre is to pay the bond of $2,400.00 (6190401-001) to 360 Property Management Limited T/A Ray White 360 Property Management as agent for Joel Armstrong as trustee for the Pikorua Trust.
immediately. DescriptionLandlord Rent arrears to 27 June 2025$1,034.29 Water rates$500.00 Rubbish removal$350.00 Cleaning$603.75 Wall damage - nominal damages$200.00 Filing fee reimbursement$28.00 Total award$2,716.04 Bond$2,400.00 Total payable by Tenant to Landlord$316.04

Reasons

Loretta Dale attended the hearing for the landlord.
The tenants attended for themselves.
The landlord has applied for rent arrears, compensation, payment over 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 27 June 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenants were undercharged for water in the last year of the tenancy due to a Watercare meter reader error, which meant that they faced unexpectedly high water invoices at the end of the tenancy. The total amount of outstanding water due is $763.73. The District Court has found that in the comparable situation of a landlord only providing water invoices towards the end of the tenancy, so the tenants are not forewarned of what they must pay then the tenant is likely to be found liable to pay for only the last couple of the invoices. 1
In this case, although it was no fault of the landlord, the tenants were unaware of the correct water charges until the end of the tenancy. Therefore, I reduce the amount the tenants must pay for water to $500.00.

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

At the end of the tenancy, tenants 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. 2 .
The landlord’s photographs show that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Ms Dale submitted invoices that proved the landlord’s cost to have the premises cleaned and the rubbish removed. 1 Woollams v Simpson DC Auckland CIV-2005-004-1583,16 March 2006 at [20]. 2 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v).
The amounts ordered are proved.

Are the tenants liable for damage to the premises?

The landlord claims the tenants damaged two corner hinges of a kitchen cupboard, a trellis fence, curtain rails and curtains, and multiple walls in five rooms.
To succeed in a damage claim, the 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. 3
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). 4
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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6
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. 7
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. 8
The tenancy was of about eight years duration. The tenants had young, energetic children. A significant amount of wear and tear is to be expected in the circumstances. The landlord did not redecorate the interior of the house during the tenancy, so must have been behind in required maintenance of the house.
I am not satisfied that the damage to the hinges, fence, or windows is more than fair wear and tear. 3 RTA ss 40(2)(a), 41, and 49B. 4 RTA s 49B(3)(a. 5 RTA s 49B(3)(b). 6 RTA s 49B(3A)(a). 7 RTA s 49B(1). 8 See Guo v Korck [2019] NZHC 1541.
There was a significant amount of wall damage caused during the tenancy, largely due to the children’s activities. The tenants did their best to patch any significant holes. The photographs do not establish the standard of their repairs, but they appear to be of an at least passable quality. A painter could probably have sanded, applied some more plaster, sanded, and painted to get a goo result.
In this case the landlord never repaired the walls because he sold the house. The landlord claims he would have got a higher price for the house if it had not been damaged. However, I have not heard cogent evidence of that, and certainly no evidence that would enable the Tribunal to accurately quantify the economic loss.
The landlord had a duty to mitigate his loss by for example carrying out wall repairs if that would have enhanced the price he would have got for the sale. Moreover, if the landlord had not deferred maintaining the walls’ (walls usually require minor replastering and repainting every five years) the walls’ condition would have been much better.
The landlord’s loss is not proven. However, it is appropriate to award nominal damage for the wall damage some of which was more than fair wear and tear and caused carelessly. The Tribunal orders the sum of $200.00. Filing fee
The tenants must reimburse the landlord for the filing fee. 9 Bond
The Bond Centre is to release the bond to the landlord in part payment of this order.

Tenancy Tribunal case 5322559 — Rent arrears at 27A Hillcrest Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5322559 — Rent arrears at 27A Hillcrest Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants liable for 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 and water rates?

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

Are the tenants liable for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions