What was Tenancy Tribunal case 5488633 about?

The tribunal order states: Kaloni Kaho and Utoikamanu Kaho must pay Opes Property Management

How much money was awarded in case 5488633?

Break Costs: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $270.28 awarded to landlord

What type of tenancy dispute was case 5488633?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5488633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13789962-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5488633 about?

The tribunal order states: Kaloni Kaho and Utoikamanu Kaho must pay Opes Property Management

How much money was awarded in case 5488633?

Break Costs: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $270.28 awarded to landlord

What type of tenancy dispute was case 5488633?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5488633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13789962-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 5488633 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5488633. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2026	$1,300.00	Rent arrears to 15 April 2026
Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against	$81.72	Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$270.28	Water rates
Break costs	$920.00	Break costs
Bond	$2,600.00

Kaloni Kaho and Utoikamanu Kaho must pay Opes Property Management North Limited As Agent For Burjoning Limited $2,600 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (BN-25075656) to Opes Property Management North Limited As Agent For Burjoning Limited immediately. DescriptionLandlord Rent arrears to 15 April 2026$1,300.00 Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against this $81.72 Filing fee reimbursement$28.00 Water rates$270.28 Break costs$920.00 Total award$2,600.00 Bond$2,600.00 Total payable by Tenant to Landlord$0.00

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 early end of the fixed-term tenancy.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent and water rates?

The fixed-term tenancy ended on 15 April 2026. The tenants had already relocated but a new tenancy formed on 16 April 2026, ending their rent liability.

The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

Are break fees payable?

The landlord incurred costs due to the break in the fixed-term. A detailed invoice established the reasonable, related costs. This was more than the $920.00 claimed as the landlord capped the claim at that amount. The landlord explained the reletting took longer and more effort than hoped for. The task in the invoice confirms landlord activity to ty and find new tenants. $920.00 is awarded. Prior order

A previous monetary order TT5437736 was made in favour of the landlord on 1 April 2026. That order is under enforcement but given the small balance of the bond remaining after this order, I join that order solely to award the remaining $81.72 of the bond towards that debt. The landlord is to adjust any enforcement to reflect this downwards adjustment to the debt. Filing fee

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

Claims and awards in Tenancy Tribunal application 5488633. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2026	$1,300.00	Rent arrears to 15 April 2026
Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against	$81.72	Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$270.28	Water rates
Break costs	$920.00	Break costs
Bond	$2,600.00

Order

Kaloni Kaho and Utoikamanu Kaho must pay Opes Property Management North Limited As Agent For Burjoning Limited $2,600 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (BN-25075656) to Opes Property Management North Limited As Agent For Burjoning Limited immediately. DescriptionLandlord Rent arrears to 15 April 2026$1,300.00 Previous order application 5437736 dated 01/04/2026 – under enforcement with the basis of the bond to be applied against this $81.72 Filing fee reimbursement$28.00 Water rates$270.28 Break costs$920.00 Total award$2,600.00 Bond$2,600.00 Total payable by Tenant to Landlord$0.00

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 early end of the fixed-term tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent and water rates?

The fixed-term tenancy ended on 15 April 2026. The tenants had already relocated but a new tenancy formed on 16 April 2026, ending their rent liability.
The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.

Are break fees payable?

The landlord incurred costs due to the break in the fixed-term. A detailed invoice established the reasonable, related costs. This was more than the $920.00 claimed as the landlord capped the claim at that amount. The landlord explained the reletting took longer and more effort than hoped for. The task in the invoice confirms landlord activity to ty and find new tenants. $920.00 is awarded. Prior order
A previous monetary order TT5437736 was made in favour of the landlord on 1 April 2026. That order is under enforcement but given the small balance of the bond remaining after this order, I join that order solely to award the remaining $81.72 of the bond towards that debt. The landlord is to adjust any enforcement to reflect this downwards adjustment to the debt. Filing fee
Because Opes Property Management North Limited As Agent For Burjoning Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5488633 — Rent arrears at Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5488633 — Rent arrears at Unit/Flat Unit 34, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Are break fees payable?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Are break fees payable?

Topics & place

Key findings

Frequently asked questions