What was the outcome of Tenancy Tribunal case 5378252?

The tribunal order states: Pealehai Lapuka must pay Opes Property Management North Limited As Agent

How much money was awarded in case 5378252?

Filing Fee: $28.00 awarded to landlord; Payments Made: $240.00 awarded to tenant; Property Damage: $1,200.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Water Rates: $268.50 awarded to landlord

What type of tenancy dispute was case 5378252?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5378252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13005089-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5378252?

The tribunal order states: Pealehai Lapuka must pay Opes Property Management North Limited As Agent

How much money was awarded in case 5378252?

Filing Fee: $28.00 awarded to landlord; Payments Made: $240.00 awarded to tenant; Property Damage: $1,200.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Water Rates: $268.50 awarded to landlord

What type of tenancy dispute was case 5378252?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5378252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13005089-Tenancy_Tribunal_Order.pdf.

Unit 34, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5378252 — Property damage

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Unit 34, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5378252 — Property damage | 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 5378252 — net $2,464.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates as at 15 September 2025	$268.50		Water rates as at 15 September 2025
Insurance excess - carpet replacement	$1,200.00		Insurance excess - carpet replacement
Wall damage repairs	$1,207.50		Wall damage repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Payments made		$240.00	Payments made
Total award	$2,704.00	$240.00
Net award	$2,464.00
Total payable by Tenant to Landlord	$2,464.00

Claims and awards for application 5378252 — net $2,464.00 NZD. Verify on MoJ.

Water rates as at 15 September 2025

Amount: $268.50
Awarded to: Landlord
Reason: Water rates as at 15 September 2025

Insurance excess - carpet replacement

Amount: $1,200.00
Awarded to: Landlord
Reason: Insurance excess - carpet replacement

Wall damage repairs

Amount: $1,207.50
Awarded to: Landlord
Reason: Wall damage repairs

Filing fee reimbursement

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

Payments made

Amount: $240.00
Awarded to: Tenant
Reason: Payments made

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Pealehai Lapuka must pay Opes Property Management North Limited As Agent For Burjoning Limited $2,464.00 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by teleconference. Both calls I made to the number provided for the tenant went to voicemail and so the hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The Bond
The bond of $2,720.00 has already been paid to the landlord by agreement with the tenant. The bond covered rent arrears of $1,192.86, cleaning costs of $897.00, lock and key replacement of $257.03 and partial payment of outstanding water bills - $373.11.
The landlord advised that the tenant had agreed to make $80.00 weekly payments towards the rest of the claim made by the landlord but that only three such payments have been made, the last of which was on 2 December 2025.

How much is owed for water rates?

I accept the evidence provided at today’s hearing showing that a further $268.50 is owed in outstanding water bills.

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.
I accept the evidence showing that the carpet was new at the beginning of the tenancy but was so stained in three bedrooms that it required replacement. The tenant is liable to pay the $1,200.00 excess payable for this claim.
The photographs also show that there were numerous holes in the walls – particularly in the main bedroom, bedroom 2 and the bathroom. There had ben an attempt to repair some of these holes but these repairs were not done to a reasonable standard.
I accept the invoiced cost of these repairs - $1,207.50.
I note that the insurance excess payable for the repair of each of these holes was $400.00 for each hole, and so the far cheaper option was to pay the total cost of $1,207.50 to repair all the holes. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with the claim against her. C ter Haar 21 January 2026

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 5378252 — net $2,464.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates as at 15 September 2025	$268.50		Water rates as at 15 September 2025
Insurance excess - carpet replacement	$1,200.00		Insurance excess - carpet replacement
Wall damage repairs	$1,207.50		Wall damage repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Payments made		$240.00	Payments made
Total award	$2,704.00	$240.00
Net award	$2,464.00
Total payable by Tenant to Landlord	$2,464.00

Claims and awards for application 5378252 — net $2,464.00 NZD. Verify on MoJ.

Water rates as at 15 September 2025

Amount: $268.50
Awarded to: Landlord
Reason: Water rates as at 15 September 2025

Insurance excess - carpet replacement

Amount: $1,200.00
Awarded to: Landlord
Reason: Insurance excess - carpet replacement

Wall damage repairs

Amount: $1,207.50
Awarded to: Landlord
Reason: Wall damage repairs

Filing fee reimbursement

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

Payments made

Amount: $240.00
Awarded to: Tenant
Reason: Payments made

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Pealehai Lapuka must pay Opes Property Management North Limited As Agent For Burjoning Limited $2,464.00 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by teleconference. Both calls I made to the number provided for the tenant went to voicemail and so the hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The Bond
The bond of $2,720.00 has already been paid to the landlord by agreement with the tenant. The bond covered rent arrears of $1,192.86, cleaning costs of $897.00, lock and key replacement of $257.03 and partial payment of outstanding water bills - $373.11.
The landlord advised that the tenant had agreed to make $80.00 weekly payments towards the rest of the claim made by the landlord but that only three such payments have been made, the last of which was on 2 December 2025.

How much is owed for water rates?

I accept the evidence provided at today’s hearing showing that a further $268.50 is owed in outstanding water bills.

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.
I accept the evidence showing that the carpet was new at the beginning of the tenancy but was so stained in three bedrooms that it required replacement. The tenant is liable to pay the $1,200.00 excess payable for this claim.
The photographs also show that there were numerous holes in the walls – particularly in the main bedroom, bedroom 2 and the bathroom. There had ben an attempt to repair some of these holes but these repairs were not done to a reasonable standard.
I accept the invoiced cost of these repairs - $1,207.50.
I note that the insurance excess payable for the repair of each of these holes was $400.00 for each hole, and so the far cheaper option was to pay the total cost of $1,207.50 to repair all the holes. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with the claim against her. C ter Haar 21 January 2026

Tenancy Tribunal case 5378252 — Property damage at Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5378252 — Property damage at Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the 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 water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions