What was Tenancy Tribunal case 5401328 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 5401328?

Cleaning: $287.50 awarded to landlord; Property Damage: $72.84 awarded to landlord; Property Damage: $619.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,495.14 awarded to landlord; Walls and Doors: $1,092.50 awarded to landlord; Replace Door: $190.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5401328?

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

Where can I read the official tribunal order for case 5401328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13313028-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5401328 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 5401328?

Cleaning: $287.50 awarded to landlord; Property Damage: $72.84 awarded to landlord; Property Damage: $619.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,495.14 awarded to landlord; Walls and Doors: $1,092.50 awarded to landlord; Replace Door: $190.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5401328?

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

Where can I read the official tribunal order for case 5401328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13313028-Tribunal_Order_Redacted.pdf.

40A St Annes Crescent, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5401328 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5401328 — net $8,035.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/7/2025 after deduction of bond	$5,495.14	Rent arrears to 4/7/2025 after deduction of bond
Repairs: to walls and doors	$1,092.50	Repairs: to walls and doors
Cleaning	$287.50	Cleaning
Replace door	$190.00	Replace door
Electrical fittings replacement: heat pump remote	$72.84	Electrical fittings replacement: heat pump remote
Electrical fittings replacement: replace stove	$619.85	Electrical fittings replacement: replace stove
Rubbish removal	$250.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,035.83
Total payable by Tenant to Landlord	$8,035.83

Only the applicant landlord attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended when the tenants breached a mediated order requiring them to repay arrears and were evicted. The landlord has this morning provided rent records which prove the amount owing at the end of the tenancy.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the heap pump remote.

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 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: several walls and doors had holes/some the tenant had attempted to repair but additional work was required to restore many surfaces. One door frame was damaged and the door needed to be replaced The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The oven was cracked and needed to be replaced.

The amounts ordered are proved.

I have taken into account 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 considering depreciation for the replacement of the stove, I have taken into account it’s age and condition at the start of the tenancy, its likely useful lifespan and the fact that the landlord has not claimed the cost of the electrician to install the new stove.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the landlord’s request for name suppression.

Claims and awards in Tenancy Tribunal application 5401328 — net $8,035.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/7/2025 after deduction of bond	$5,495.14	Rent arrears to 4/7/2025 after deduction of bond
Repairs: to walls and doors	$1,092.50	Repairs: to walls and doors
Cleaning	$287.50	Cleaning
Replace door	$190.00	Replace door
Electrical fittings replacement: heat pump remote	$72.84	Electrical fittings replacement: heat pump remote
Electrical fittings replacement: replace stove	$619.85	Electrical fittings replacement: replace stove
Rubbish removal	$250.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,035.83
Total payable by Tenant to Landlord	$8,035.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Paula malia Taisali and Simi Uolo must pay [The landlord/s] $8,035.83 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended when the tenants breached a mediated order requiring them to repay arrears and were evicted. The landlord has this morning provided rent records which prove the amount owing at the end of the tenancy.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the heap pump remote.
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 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: several walls and doors had holes/some the tenant had attempted to repair but additional work was required to restore many surfaces. One door frame was damaged and the door needed to be replaced The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The oven was cracked and needed to be replaced.
The amounts ordered are proved.
I have taken into account 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 considering depreciation for the replacement of the stove, I have taken into account it’s age and condition at the start of the tenancy, its likely useful lifespan and the fact that the landlord has not claimed the cost of the electrician to install the new stove.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the landlord’s request for name suppression.

Tenancy Tribunal case 5401328 — Rent arrears at 40A St Annes Crescent, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 5401328 — Rent arrears at 40A St Annes Crescent, Wattle Downs, Auckland 2103

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