What was Tenancy Tribunal case 5420673 about?

The tribunal order states: The tenancy of [The tenant/s] at 17A Wally Nola Place, Henderson,

How much money was awarded in case 5420673?

Filing Fee: $28.00 awarded to landlord; Property Damage: $110.00 awarded to landlord; Rent Arrears: $3,373.97 awarded to landlord; Water Rates: $686.07 awarded to landlord

What type of tenancy dispute was case 5420673?

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

Where can I read the official tribunal order for case 5420673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13073402-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5420673 about?

The tribunal order states: The tenancy of [The tenant/s] at 17A Wally Nola Place, Henderson,

How much money was awarded in case 5420673?

Filing Fee: $28.00 awarded to landlord; Property Damage: $110.00 awarded to landlord; Rent Arrears: $3,373.97 awarded to landlord; Water Rates: $686.07 awarded to landlord

What type of tenancy dispute was case 5420673?

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

Where can I read the official tribunal order for case 5420673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13073402-Tenancy_Tribunal_Order.pdf.

17A Wally Nola Place, Henderson, Auckland 0612 Tenancy Tribunal Case 5420673 — Rent arrears

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17A Wally Nola Place, Henderson, Auckland 0612 Tenancy Tribunal Case 5420673 — 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 5420673 — net $1,918.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,373.97	2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the…
Water rates	$686.07	1986. Rent and water rates arrears
Repairs	$110.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,918.04
Total payable by Tenant to Landlord	$1,918.04

Claims and awards for application 5420673 — net $1,918.04 NZD. Verify on MoJ.

Rent arrears

Amount: $3,373.97
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the…

Water rates

Amount: $686.07
Awarded to: Landlord
Reason: 1986. Rent and water rates arrears

Repairs

Amount: $110.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $1,918.04

Total payable by Tenant to Landlord

Landlord $1,918.04

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of [The tenant/s] at 17A Wally Nola Place, Henderson, Auckland 0612 is terminated, and possession is granted to Rental Hq Limited Trading As Custom Property Management, immediately.
The Bond Centre is to pay the bond of $2,280.00 (5814453-005) to Rental Hq Limited Trading As Custom Property Management immediately.
[The tenant/s] must pay Rental Hq Limited Trading As Custom Property Management $1,918.04 immediately, being rent arrears to 4 February 2026.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the bond. Termination
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Rent and water rates arrears
The landlord has applied for rent arrears and water rates arrears and has provided records which prove the amount owing.

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: shower damage. The Landlord submitted there was shower damage which the Tenant agreed to pay for during the tenancy. An invoice was provided to substantiate the costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
AS Rental Hq Limited Trading As Custom Property Management has wholly succeeded with the claim the Tenant must reimburse the filing fee.

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 5420673 — net $1,918.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,373.97	2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the…
Water rates	$686.07	1986. Rent and water rates arrears
Repairs	$110.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,918.04
Total payable by Tenant to Landlord	$1,918.04

Claims and awards for application 5420673 — net $1,918.04 NZD. Verify on MoJ.

Rent arrears

Amount: $3,373.97
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the…

Water rates

Amount: $686.07
Awarded to: Landlord
Reason: 1986. Rent and water rates arrears

Repairs

Amount: $110.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $1,918.04

Total payable by Tenant to Landlord

Landlord $1,918.04

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of [The tenant/s] at 17A Wally Nola Place, Henderson, Auckland 0612 is terminated, and possession is granted to Rental Hq Limited Trading As Custom Property Management, immediately.
The Bond Centre is to pay the bond of $2,280.00 (5814453-005) to Rental Hq Limited Trading As Custom Property Management immediately.
[The tenant/s] must pay Rental Hq Limited Trading As Custom Property Management $1,918.04 immediately, being rent arrears to 4 February 2026.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation, reimbursement of the filing fee and refund of the bond. Termination
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Rent and water rates arrears
The landlord has applied for rent arrears and water rates arrears and has provided records which prove the amount owing.

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: shower damage. The Landlord submitted there was shower damage which the Tenant agreed to pay for during the tenancy. An invoice was provided to substantiate the costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
AS Rental Hq Limited Trading As Custom Property Management has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5420673 — Rent arrears at 17A Wally Nola Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5420673 — Rent arrears at 17A Wally Nola Place, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions