How much money was awarded in case 5456003?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,178.58 awarded to landlord; Laundry Tap: $639.88 awarded to landlord; Water Rates: $21.72 awarded to landlord

What type of tenancy dispute was case 5456003?

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

Where can I read the official tribunal order for case 5456003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14021561-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5456003?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,178.58 awarded to landlord; Laundry Tap: $639.88 awarded to landlord; Water Rates: $21.72 awarded to landlord

What type of tenancy dispute was case 5456003?

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

Where can I read the official tribunal order for case 5456003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14021561-Tenancy_Tribunal_Order.pdf.

16 Dunkirk Terrace, Mount Albert, Auckland 1025 Tenancy Tribunal Case 5456003 — Rent arrears

Q: What was Tenancy Tribunal case 5456003 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Opes Property Management North Limited $1,868.18 from

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5456003 — net $1,868.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,178.58	Rent arrears
Repairs: Laundry tap	$639.88	Repairs: Laundry tap
Water rates: to end of tenancy	$21.72	Water rates: to end of tenancy
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,868.18
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,868.18

[The tenant/s] tenant/s] to pay Opes Property Management North Limited $1,868.18 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,000.00 (BN-17591115) immediately apportioned as follows: Opes Property Management North Limited: $1,868.18 [The tenant/s] tenant/s]: $1,131.82

Reasons

Both parties attended the remote hearing.

The tenancy commenced on 22 November 2025, as recorded in the varied tenancy agreement. The copy of the variation provided shows both parties signatures being affixed on 20 November 2026.

The tenancy ended on 12 February 2026.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 12 February 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,178.58 for rent and $21.72 for water rates. Whilst the tenant did not accept the amount claimed for rent arrears, she did not provide any evidence to the contrary. In those circumstances, I prefer the evidence from the landlord and consider it more likely than not that the arrears figure is as claimed by the landlord- $1,178.58. The tenant accepted that the water arrears figure was correct.

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. The landlord has insurance. The excess on the policy is $3,500.00 on each and every claim.

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 landlord says that the following damage was caused during the tenancy: A pipe in the laundry has been cut. The landlord provided an invoice for repairs of $639.88. The landlord provided a photo for the pre tenancy inspection showing the pipe in good condition. The landlord provided photos from the end of the tenancy showing a clean cut to the pipe. I accept given the evidence, that the damage has occurred during the tenancy and is more than fair wear and tear. Where that is proven, the burden of proof shifts to the tenant. To avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. The tenant’s evidence was simply that they did not damage the pipe. No supporting evidence was provided and I can see no logical reason for the landlord intentionally damaging the pipe. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is proven The landlord seeks compensation for repairs to damage to laundry walls. An invoice for gib repairs and paint of $299.00 was provided. The landlord provided photos of the condition of the premises at the commencement of the tenancy. No evidence was provided of the damaged walls. I would normally expect to see photos of the damage. I do not consider that the landlord has proven the claim on the balance of probabilities and that claim is dismissed.

The amounts ordered are proven.

As Opes Property Management North Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The application is dismissed.

Order

Claims and awards in Tenancy Tribunal application 5456003 — net $1,868.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,178.58	Rent arrears
Repairs: Laundry tap	$639.88	Repairs: Laundry tap
Water rates: to end of tenancy	$21.72	Water rates: to end of tenancy
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,868.18
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,868.18

[The tenant/s] tenant/s] to pay Opes Property Management North Limited $1,868.18 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,000.00 (BN-17591115) immediately apportioned as follows: Opes Property Management North Limited: $1,868.18 [The tenant/s] tenant/s]: $1,131.82

Reasons

Both parties attended the remote hearing.

The tenancy commenced on 22 November 2025, as recorded in the varied tenancy agreement. The copy of the variation provided shows both parties signatures being affixed on 20 November 2026.

The tenancy ended on 12 February 2026.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

The amounts ordered are proven.

As Opes Property Management North Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The application is dismissed.

Tenancy Tribunal case 5456003 — Rent arrears at 16 Dunkirk Terrace, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 5456003 — Rent arrears at 16 Dunkirk Terrace, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.