What was Tenancy Tribunal case 5362430 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 5362430?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $407.14 awarded to landlord; Property Damage: $100.00 awarded to landlord; Replace furnishings: Missing coffee…: $100.00 awarded to landlord

What type of tenancy dispute was case 5362430?

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

Where can I read the official tribunal order for case 5362430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12683712-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5362430 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 5362430?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $407.14 awarded to landlord; Property Damage: $100.00 awarded to landlord; Replace furnishings: Missing coffee…: $100.00 awarded to landlord

What type of tenancy dispute was case 5362430?

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

Where can I read the official tribunal order for case 5362430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12683712-Tribunal_Order_Redacted.pdf.

Unit/Flat 10H, 189 Hobson Street, Auckland Central, Tenancy Tribunal Case 5362430 — Rent arrears

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Unit/Flat 10H, 189 Hobson Street, Auckland Central, Tenancy Tribunal Case 5362430 — 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 5362430 — net $635.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$407.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Damage to wall	$100.00	Repairs: Damage to wall
Replace furnishings: Missing coffee table	$100.00	Replace furnishings: Missing coffee table
Net award	$635.14
Total payable by Tenant to Landlord	$635.14

Claims and awards for application 5362430 — net $635.14 NZD. Verify on MoJ.

Rent arrears

Amount: $407.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: Damage to wall

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Damage to wall

Replace furnishings: Missing coffee table

Amount: $100.00
Awarded to: Landlord
Reason: Replace furnishings: Missing coffee table

Net award

Landlord $635.14

Total payable by Tenant to Landlord

Landlord $635.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Esiue Unaloto Bolekari and Rusila Soqo must pay [The landlord/s] $635.14 immediately, being rent arrears to 26 August 2025, reimbursement of the filing fee and compensation, as calculated and set out below: DescriptionLandlord Rent arrears$407.14 Filing fee reimbursement$28.00 Repairs: Damage to wall$100.00 Replace furnishings: Missing coffee table$100.00 Total award$635.14 Total payable by Tenant to Landlord$635.14

Reasons

The landlord attended the hearing, the tenants did not attend. I rang both tenants twice each on their mobile phones, but the calls disconnected. I have checked and the tenants were served with the notice of hearing. I am proceeding with the claim in their absence.
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?

The tenancy ended on 26 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenants left the premises on 26 August 2025 after obtaining an early release from their fixed term tenancy. The bond was refunded to the landlord for rent arrears. The rent arrears claimed in this application are the wash up arrears left after the bond refund.
I am satisfied that the landlord has proven their claim.

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

At the end of the tenancy the tenant 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The coffee table was missing at the end of the tenancy. The landlord has provided a photo of the table in the apartment at the start of the tenancy and an invoice for the cost of replacing the coffee table. The landlord seeks to claim $100.00 for the replacement coffee table.
The amounts ordered are proved.

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: -Damage to the interior wall where the tenants had placed lights. When removing the lights from the wall the paint work was ripped and damaged.
The landlord has provided photos of the damage and an invoice for $100.00 to repair the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the damage.
The amounts ordered are proved. Filing fee and suppression :
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and identifying details and as they have been successful, I am granting suppression.

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 5362430 — net $635.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$407.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Damage to wall	$100.00	Repairs: Damage to wall
Replace furnishings: Missing coffee table	$100.00	Replace furnishings: Missing coffee table
Net award	$635.14
Total payable by Tenant to Landlord	$635.14

Claims and awards for application 5362430 — net $635.14 NZD. Verify on MoJ.

Rent arrears

Amount: $407.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: Damage to wall

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Damage to wall

Replace furnishings: Missing coffee table

Amount: $100.00
Awarded to: Landlord
Reason: Replace furnishings: Missing coffee table

Net award

Landlord $635.14

Total payable by Tenant to Landlord

Landlord $635.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Esiue Unaloto Bolekari and Rusila Soqo must pay [The landlord/s] $635.14 immediately, being rent arrears to 26 August 2025, reimbursement of the filing fee and compensation, as calculated and set out below: DescriptionLandlord Rent arrears$407.14 Filing fee reimbursement$28.00 Repairs: Damage to wall$100.00 Replace furnishings: Missing coffee table$100.00 Total award$635.14 Total payable by Tenant to Landlord$635.14

Reasons

The landlord attended the hearing, the tenants did not attend. I rang both tenants twice each on their mobile phones, but the calls disconnected. I have checked and the tenants were served with the notice of hearing. I am proceeding with the claim in their absence.
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?

The tenancy ended on 26 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenants left the premises on 26 August 2025 after obtaining an early release from their fixed term tenancy. The bond was refunded to the landlord for rent arrears. The rent arrears claimed in this application are the wash up arrears left after the bond refund.
I am satisfied that the landlord has proven their claim.

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

At the end of the tenancy the tenant 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The coffee table was missing at the end of the tenancy. The landlord has provided a photo of the table in the apartment at the start of the tenancy and an invoice for the cost of replacing the coffee table. The landlord seeks to claim $100.00 for the replacement coffee table.
The amounts ordered are proved.

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: -Damage to the interior wall where the tenants had placed lights. When removing the lights from the wall the paint work was ripped and damaged.
The landlord has provided photos of the damage and an invoice for $100.00 to repair the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the damage.
The amounts ordered are proved. Filing fee and suppression :
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and identifying details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5362430 — Rent arrears at Unit/Flat 10H, 189 Hobson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5362430 — Rent arrears at Unit/Flat 10H, 189 Hobson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

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 for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions