What was Tenancy Tribunal case 5437736 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Opes Property Management

How much money was awarded in case 5437736?

Contractor Call Out Fee For Stove: $135.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,292.85 awarded to landlord

What type of tenancy dispute was case 5437736?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5437736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13384924-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5437736 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Opes Property Management

How much money was awarded in case 5437736?

Contractor Call Out Fee For Stove: $135.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,292.85 awarded to landlord

What type of tenancy dispute was case 5437736?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5437736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13384924-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5437736 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5437736 — net $5,455.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.4.2026	$5,292.85	Rent arrears to 1.4.2026
Contractor call out fee for stove	$135.00	Contractor call out fee for stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,455.85
Total payable by Tenant to Landlord	$5,455.85

Ms Barlow, representing the landlord, attended the video conference hearing. The Samoan interpreter ordered did not attend the hearing. The tenants did not join the hearing as per the instructions in the Notice of Hearing so did not attend the hearing. As the tenants were served, the hearing proceeded in their absence.

The landlord has applied for rent arrears and for compensation.

How much rent is owing?

At the start of the hearing, the landlord said the tenants have moved out but there is a fixed term tenancy that goes to 9 February 2027. The landlord said they have had discussions with the tenants about the lease break situation and there are new tenants due to move into the property on 16 April 2026. As such, the landlord said the tenants are responsible for rent arrears to 15 April 2026.

The landlord sent in an email thread between the parties about the lease break situation. There is nothing in the email evidence that sets out that new tenants are due to move into the property on 16 April 2026 or that shows the tenants understand they are liable for rent to 15 April 2026. Given this situation is potentially subject to change, I am prepared to order rent arrears be paid by the tenants up to the date of hearing, which is 1 April 2026. The landlord has indicated they are likely to pursue a further application for post-tenancy costs and so can revisit subsequent rent arrears at that time, if appropriate.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 30 March 2026, which is $5,107.15. Weekly rent is $650.00 so daily rent is $92.85. A further 2 days’ rent @ $92.85 is payable for 31 March 2026 and 1 April 2026, for a sub-total of $185.70. Therefore, the tenant owes the landlord a total of $5,292.85 in rent up to 1 April 2026, the date of the hearing. Compensation – cooktop call out fee

The landlord claimed for compensation (framed as an outgoing in the application but this is a compensation claim) for a call out fee for a contractor to come and check the cooktop at the property, in the amount of $135.00. The landlord said the tenant asked them to get the cooktop fixed as there was something wrong with it. The landlord said they initially did some troubleshooting but the tenants said it was still not working. The landlord arranged for a contractor to attend the property and check the cooktop. The landlord provided an invoice from the contractor in the amount of $135.00, which also reported that the contractor said the cooktop unit was working fine and the tenants had been using the wrong pots for an induction cooktop, which was likely the issue.

Clause 12d of the tenancy agreement provides that, where any repairs are the tenant’s responsibility, the landlord may recover its reasonable costs from the tenant.

Given the contractor found the cooktop unit was working fine and it was just the tenants using the wrong pots for the induction cooktop, I find this invoice is the tenant’s responsibility and they must reimburse the landlord for this cost, which I find is reasonable, given the evidence. Therefore, I award the landlord $135.00 as reimbursement for the contractor call out fee to check the cooktop during the tenancy. Filing fee

Because Opes Property Management North Limited As Agent For Burjoning Limited has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5437736 — net $5,455.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.4.2026	$5,292.85	Rent arrears to 1.4.2026
Contractor call out fee for stove	$135.00	Contractor call out fee for stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,455.85
Total payable by Tenant to Landlord	$5,455.85

Order

[The tenant/s] and [The tenant/s] must pay Opes Property Management North Limited As Agent For Burjoning Limited $5,455.85 immediately, calculated as shown in the table below:

Reasons

Ms Barlow, representing the landlord, attended the video conference hearing. The Samoan interpreter ordered did not attend the hearing. The tenants did not join the hearing as per the instructions in the Notice of Hearing so did not attend the hearing. As the tenants were served, the hearing proceeded in their absence.
The landlord has applied for rent arrears and for compensation.

How much rent is owing?

At the start of the hearing, the landlord said the tenants have moved out but there is a fixed term tenancy that goes to 9 February 2027. The landlord said they have had discussions with the tenants about the lease break situation and there are new tenants due to move into the property on 16 April 2026. As such, the landlord said the tenants are responsible for rent arrears to 15 April 2026.
The landlord sent in an email thread between the parties about the lease break situation. There is nothing in the email evidence that sets out that new tenants are due to move into the property on 16 April 2026 or that shows the tenants understand they are liable for rent to 15 April 2026. Given this situation is potentially subject to change, I am prepared to order rent arrears be paid by the tenants up to the date of hearing, which is 1 April 2026. The landlord has indicated they are likely to pursue a further application for post-tenancy costs and so can revisit subsequent rent arrears at that time, if appropriate.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 30 March 2026, which is $5,107.15. Weekly rent is $650.00 so daily rent is $92.85. A further 2 days’ rent @ $92.85 is payable for 31 March 2026 and 1 April 2026, for a sub-total of $185.70. Therefore, the tenant owes the landlord a total of $5,292.85 in rent up to 1 April 2026, the date of the hearing. Compensation – cooktop call out fee
The landlord claimed for compensation (framed as an outgoing in the application but this is a compensation claim) for a call out fee for a contractor to come and check the cooktop at the property, in the amount of $135.00. The landlord said the tenant asked them to get the cooktop fixed as there was something wrong with it. The landlord said they initially did some troubleshooting but the tenants said it was still not working. The landlord arranged for a contractor to attend the property and check the cooktop. The landlord provided an invoice from the contractor in the amount of $135.00, which also reported that the contractor said the cooktop unit was working fine and the tenants had been using the wrong pots for an induction cooktop, which was likely the issue.
Clause 12d of the tenancy agreement provides that, where any repairs are the tenant’s responsibility, the landlord may recover its reasonable costs from the tenant.
Given the contractor found the cooktop unit was working fine and it was just the tenants using the wrong pots for the induction cooktop, I find this invoice is the tenant’s responsibility and they must reimburse the landlord for this cost, which I find is reasonable, given the evidence. Therefore, I award the landlord $135.00 as reimbursement for the contractor call out fee to check the cooktop during the tenancy. Filing fee
Because Opes Property Management North Limited As Agent For Burjoning Limited has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5437736 — Rent arrears at Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5437736 — Rent arrears at Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions