What was the outcome of Tenancy Tribunal case 5423768?

The tribunal order states: Enam Muhammad Waris and Hamidah Begom Binti Saleh Ahmad must pay

How much money was awarded in case 5423768?

Filing Fee: $28.00 awarded to landlord; Pest Control: $253.00 awarded to landlord; Property Damage: $2,015.00 awarded to landlord; Water Rates: $3,492.45 awarded to landlord

What type of tenancy dispute was case 5423768?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5423768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13098673-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5423768?

The tribunal order states: Enam Muhammad Waris and Hamidah Begom Binti Saleh Ahmad must pay

How much money was awarded in case 5423768?

Filing Fee: $28.00 awarded to landlord; Pest Control: $253.00 awarded to landlord; Property Damage: $2,015.00 awarded to landlord; Water Rates: $3,492.45 awarded to landlord

What type of tenancy dispute was case 5423768?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5423768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13098673-Tenancy_Tribunal_Order.pdf.

129D East Tamaki Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5423768 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5423768 — net $5,788.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 28 January 2026	$3,492.45	Water rates to 28 January 2026
Repairs to pump, and pumping stormwater (50	$2,015.00	Repairs to pump, and pumping stormwater (50
Pest control July 2025	$253.00	Pest control July 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,788.45
Total payable by Tenant to Landlord	$5,788.45

The landlord attended the hearing. The tenants did not attend the hearing or seek an adjournment. The tenants have been served notice of the hearing by post to their residential address which is notice in accordance with the Residential Tenancies Act, 1986 (the “RTA”).

The landlord advised the tenancy is still current. Because the tenant has been served notice of the hearing in accordance with the RTA, I conducted the hearing in the tenants’ absence.

The landlord has applied for compensation and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing until 28 January 2026 is $3,492.45.

The landlord explained that the water rates invoices have been provided to the tenant on a regular basis, as they have been sent by the water provider to the landlord. The tenant has refused to pay the water rates invoices. The amounts being charged to the tenant are for water usage and waste-water usage, and do not include the fixed charges.

The claim and amount awarded 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.

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 said the tenants poured fat down a drain which has blocked the drain and damaged a pump in the drain. The pump has had to be replaced and a call out was required to pump the drain clear.

The landlord produced an invoice from a company called The Wet Sparky Limited, for $4,030.75. The landlord is claiming half of this amount from the tenant. The landlord produced three photographs which show fat in the drain and the fat being cleared from the drain.

I determine pouring fat into a drain in this way to be careless damage.

This claim and the amount awarded are proved.

The landlord said that in July 2025 the tenant contacted the landlord and requested pest control for cockroaches. The landlord said the tenant agreed to reimburse the landlord for this expense. The landlord organised pest control and the bill was $253.00. The landlord is seeking reimbursement for this amount.

This claim and the amount ordered are proved..

Because Kāhui Tū Kaha Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5423768 — net $5,788.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 28 January 2026	$3,492.45	Water rates to 28 January 2026
Repairs to pump, and pumping stormwater (50	$2,015.00	Repairs to pump, and pumping stormwater (50
Pest control July 2025	$253.00	Pest control July 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,788.45
Total payable by Tenant to Landlord	$5,788.45

Order

Enam Muhammad Waris and Hamidah Begom Binti Saleh Ahmad must pay Kāhui Tū Kaha Limited $5,788.45 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenants did not attend the hearing or seek an adjournment. The tenants have been served notice of the hearing by post to their residential address which is notice in accordance with the Residential Tenancies Act, 1986 (the “RTA”).
The landlord advised the tenancy is still current. Because the tenant has been served notice of the hearing in accordance with the RTA, I conducted the hearing in the tenants’ absence.
The landlord has applied for compensation and reimbursement of the filing fee.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing until 28 January 2026 is $3,492.45.
The landlord explained that the water rates invoices have been provided to the tenant on a regular basis, as they have been sent by the water provider to the landlord. The tenant has refused to pay the water rates invoices. The amounts being charged to the tenant are for water usage and waste-water usage, and do not include the fixed charges.
The claim and amount awarded 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.
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 said the tenants poured fat down a drain which has blocked the drain and damaged a pump in the drain. The pump has had to be replaced and a call out was required to pump the drain clear.
The landlord produced an invoice from a company called The Wet Sparky Limited, for $4,030.75. The landlord is claiming half of this amount from the tenant. The landlord produced three photographs which show fat in the drain and the fat being cleared from the drain.
I determine pouring fat into a drain in this way to be careless damage.
This claim and the amount awarded are proved.
The landlord said that in July 2025 the tenant contacted the landlord and requested pest control for cockroaches. The landlord said the tenant agreed to reimburse the landlord for this expense. The landlord organised pest control and the bill was $253.00. The landlord is seeking reimbursement for this amount.
This claim and the amount ordered are proved..
Because Kāhui Tū Kaha Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5423768 — Property damage at 129D East Tamaki Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5423768 — Property damage at 129D East Tamaki Road, Papatoetoe, Auckland 2025

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