Tenantcheck Insights · Case study
Tenancy Tribunal case 5417871 — Rent arrears at 409 Massey Road, Mangere East, Auckland 2024
Published 3 June 2026 · Application 5417871
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Pollak
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,006.23
- Bond payment as ordered
- −$4,800.00
- Total balance for Tenant to pay Landlord
- $206.23
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 11 November 2025 | $1,885.71 | Rent arrears to 11 November 2025 | |
| Water rates: to 11 November 2025 | $2,142.02 | 3. The landlord has applied for rent and water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the te… | |
| Replace missing hallway smoke alarm | $19.00 | Replace missing hallway smoke alarm | |
| Cleaning | $517.50 | Cleaning | |
| Repairs: Bedroom walls and lock repairs | $414.00 | Repairs: Bedroom walls and lock repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $206.23 | ||
| Total payable by Tenant to Landlord | $206.23 |
Claims and awards for application 5417871 — net $206.23 NZD. Verify on MoJ.
Rent arrears to 11 November 2025
- Amount
- $1,885.71
- Awarded to
- Landlord
- Reason
- Rent arrears to 11 November 2025
Water rates: to 11 November 2025
- Amount
- $2,142.02
- Awarded to
- Landlord
- Reason
- 3. The landlord has applied for rent and water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the te…
Replace missing hallway smoke alarm
- Amount
- $19.00
- Awarded to
- Landlord
- Reason
- Replace missing hallway smoke alarm
Cleaning
- Amount
- $517.50
- Awarded to
- Landlord
- Reason
- Cleaning
Repairs: Bedroom walls and lock repairs
- Amount
- $414.00
- Awarded to
- Landlord
- Reason
- Repairs: Bedroom walls and lock repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $206.23
Total payable by Tenant to Landlord
Landlord $206.23
Claim types — money lines allowed on this order
Order
- Pita Mohetau, Nikitta Ioramo and Viviani Mohetau must pay Nzpro Property Management Limited As Agent For Nazeer Ahmad Kharootai $206.23 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $4,800.00 (BN-17543578) to Nzpro Property Management Limited As Agent For Nazeer Ahmad Kharootai 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 rent and water rates arrears, compensation, refund of the bond, 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 11 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenants had not paid water rates for a large percentage of their tenancy. The water rates owing are for the period February 2025 to November 2025.
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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The smoke alarm from the hallway was missing at the end of the tenancy.
- 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 tenants caused damage to the bedroom walls and damaged a lock during the tenancy. The damage has resulted from the careless acts or omissions of the tenants or persons in the premises with their consent. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
- 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
- Because Nzpro Property Management Limited As Agent For Nazeer Ahmad Kharootai has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: smoke alarms
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5417871?
The tribunal order states: Pita Mohetau, Nikitta Ioramo and Viviani Mohetau must pay Nzpro Property
How much money was awarded in case 5417871?
Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,885.71 awarded to landlord; Property Damage: $414.00 awarded to landlord; Smoke Alarms: $19.00 awarded to landlord; Water Rates: $2,142.02 awarded to landlord
What type of tenancy dispute was case 5417871?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage, Smoke alarms.
Where can I read the official tribunal order for case 5417871?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13690546-Tenancy_Tribunal_Order.pdf.