What was Tenancy Tribunal case 5426778 about?

The tribunal order states: David Fonua must pay [The landlord/s] $2,455.00 immediately, calculated as

How much money was awarded in case 5426778?

Filing Fee: $28.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord

What type of tenancy dispute was case 5426778?

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

Where can I read the official tribunal order for case 5426778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13347972-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5426778 about?

The tribunal order states: David Fonua must pay [The landlord/s] $2,455.00 immediately, calculated as

How much money was awarded in case 5426778?

Filing Fee: $28.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord

What type of tenancy dispute was case 5426778?

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

Where can I read the official tribunal order for case 5426778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13347972-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5426778 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5426778 — net $2,455.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$207.00	Window repairs
Lock/key replacement: Call out - September 2025	$50.00	Lock/key replacement: Call out - September 2025
Net award	$2,455.00
Total payable by Tenant to Landlord	$2,455.00

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with 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 boarding house tenancy.

The boarding house tenancy commenced 3 October 2024 and ended on 19 January 2026.

How much is owed for rent?

The tenancy ended on 19 January 2026. The landlord has provided records which prove the amount of rent owing to the end of the tenancy is as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant owed $50.00 for an after-hours callout as he did not have his keys. The call out charge was $50.00 and it was invoiced at the time but remains unpaid. That is awarded here.

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 49B, 66K(2)(a), and 66L 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.

A window in the common area kitchen was broken on 17 January 2026. Another boarder saw the tenant do it to gain access. A hammer was used by the tenant to break the window and enter. The other boarder was reluctant to confront the tenant. An email to the landlord recounted the episode and informed of the damage. A glazier replaced the window at an invoiced cost of $207.00. A photo evidenced the damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5426778 — net $2,455.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$207.00	Window repairs
Lock/key replacement: Call out - September 2025	$50.00	Lock/key replacement: Call out - September 2025
Net award	$2,455.00
Total payable by Tenant to Landlord	$2,455.00

Order

David Fonua must pay [The landlord/s] $2,455.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $930.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with 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 boarding house tenancy.
The boarding house tenancy commenced 3 October 2024 and ended on 19 January 2026.

How much is owed for rent?

The tenancy ended on 19 January 2026. The landlord has provided records which prove the amount of rent owing to the end of the tenancy is as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant owed $50.00 for an after-hours callout as he did not have his keys. The call out charge was $50.00 and it was invoiced at the time but remains unpaid. That is awarded here.

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 49B, 66K(2)(a), and 66L 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.
A window in the common area kitchen was broken on 17 January 2026. Another boarder saw the tenant do it to gain access. A hammer was used by the tenant to break the window and enter. The other boarder was reluctant to confront the tenant. An email to the landlord recounted the episode and informed of the damage. A glazier replaced the window at an invoiced cost of $207.00. A photo evidenced the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5426778 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5426778 — Rent arrears

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

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