What was Tenancy Tribunal case 5368581 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 5368581?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,817.14 awarded to landlord; Property Damage: $400.00 awarded to landlord; Water Rates: $217.50 awarded to landlord

What type of tenancy dispute was case 5368581?

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

Where can I read the official tribunal order for case 5368581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12773992-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5368581 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 5368581?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,817.14 awarded to landlord; Property Damage: $400.00 awarded to landlord; Water Rates: $217.50 awarded to landlord

What type of tenancy dispute was case 5368581?

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

Where can I read the official tribunal order for case 5368581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12773992-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5368581 — Rent arrears

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New Zealand Tenancy Tribunal Case 5368581 — 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 5368581 — net $5,582.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 November 2025	$7,817.14	6. The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November
Water rates: 03/09/25 to 11/11/25	$217.50	3. The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund…
Repairs: Insurance excess for cook top damage	$400.00	Repairs: Insurance excess for cook top damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,582.64
Total payable by Tenant to Landlord	$5,582.64

Claims and awards for application 5368581 — net $5,582.64 NZD. Verify on MoJ.

Rent arrears to 25 November 2025

Amount: $7,817.14
Awarded to: Landlord
Reason: 6. The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November

Water rates: 03/09/25 to 11/11/25

Amount: $217.50
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund…

Repairs: Insurance excess for cook top damage

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Insurance excess for cook top damage

Filing fee reimbursement

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

Net award

Landlord $5,582.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Tearohanui Mane Haki Karaka Kingi at [Tenancy address suppressed] is terminated, and possession is granted to [The applicant] at 5:00pm on Tuesday 25 November 2025.
Tearohanui Mane Haki Karaka Kingi must pay [The landlord] $5,582.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and was still in $7,817.14 arrears as at today. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much is owed for rent and water rates?

The tenancy is terminated from 25 November 2025 and possession granted back to the landlord. The landlord provided rent records and water rates invoices which prove the amounts owing.
The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November 2025.

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 landlord has provided evidence that proves the tenant has caused damage during the tenancy to a two-year cooktop that was in good condition at the star of the tenancy. The nature of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The owners of the property had tenant insurance that has covered the damage to the cooktop. Therefore, I award the landlord the insurance excess of $400.00 the owners have proven they paid to their insurer after the claim was accepted.
The amounts ordered are proved.
I have considered betterment and depreciation. 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with its claims, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
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.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

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 5368581 — net $5,582.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 November 2025	$7,817.14	6. The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November
Water rates: 03/09/25 to 11/11/25	$217.50	3. The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund…
Repairs: Insurance excess for cook top damage	$400.00	Repairs: Insurance excess for cook top damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,582.64
Total payable by Tenant to Landlord	$5,582.64

Claims and awards for application 5368581 — net $5,582.64 NZD. Verify on MoJ.

Rent arrears to 25 November 2025

Amount: $7,817.14
Awarded to: Landlord
Reason: 6. The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November

Water rates: 03/09/25 to 11/11/25

Amount: $217.50
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund…

Repairs: Insurance excess for cook top damage

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Insurance excess for cook top damage

Filing fee reimbursement

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

Net award

Landlord $5,582.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Tearohanui Mane Haki Karaka Kingi at [Tenancy address suppressed] is terminated, and possession is granted to [The applicant] at 5:00pm on Tuesday 25 November 2025.
Tearohanui Mane Haki Karaka Kingi must pay [The landlord] $5,582.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and was still in $7,817.14 arrears as at today. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much is owed for rent and water rates?

The tenancy is terminated from 25 November 2025 and possession granted back to the landlord. The landlord provided rent records and water rates invoices which prove the amounts owing.
The tenant owes the landlord $7,817.14 in rent arrears as at today and $217.50 in water rates arrears to 11 November 2025.

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 landlord has provided evidence that proves the tenant has caused damage during the tenancy to a two-year cooktop that was in good condition at the star of the tenancy. The nature of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The owners of the property had tenant insurance that has covered the damage to the cooktop. Therefore, I award the landlord the insurance excess of $400.00 the owners have proven they paid to their insurer after the claim was accepted.
The amounts ordered are proved.
I have considered betterment and depreciation. 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with its claims, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
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.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5368581 — Rent arrears

At a glance

Tenancy Tribunal case 5368581 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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