Published tribunal order
Tenancy Tribunal case 5360083 — Rent arrears at 19B Parkdale Crescent, Kaitaia, Kaitaia 0410
Decided 12 Mar 2026 · Published 12 Mar 2026 · Application 5360083
- Rent arrears
- Property damage
Order
- [The tenant/s] must pay Far North Circle Real Estate Limited As Agent For Alex And [The landlord/s] $2,105.05 immediately, calculated as shown in the table below.
Reasons
- The landlord attended the video/telephone hearing represented by Ms Hirst and Mr Walsh.
- The tenant, Ms Ihaka joined the video hearing approximately 30 minutes after the scheduled start time. She then chose to disconnect just before the hearing was completed.
- The landlord has applied for rent arrears, compensation 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 19 June 2025. The landlord provided rent records which show the amount owed after the balance bond was refunded to the landlord.
- The landlord also provided water rates invoices which prove the amount owing at the end of the tenancy.
- Ms Ihaka acknowledged in the hearing that she was aware of and accepted the amounts owed.
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.
- The following damage was caused during the tenancy: Damaged shower wall and mixer. Ms Ihaka acknowledged the damage and her agreement to pay the insurance excess of $550 for the repairs. She has been paying this amount off during the tenancy but stopped making payments after 1 July 2025. The balance owed for the excess is $404.45. Ms Ihaka advises that she is now on a limited income and unable to afford much in the way of repayments.
- The amounts ordered are proved.
- As the landlord has substantially succeeded with the claims, they are entitled to reimbursement of the filing fee on the application.