What was Tenancy Tribunal case 5519209 about?

The tribunal order states: The tenancy of Charniqua Aiesha Desiree McCauley-Waaka at 41 Rangiora

How much money was awarded in case 5519209?

Filing Fee: $28.00 awarded to landlord; Property Damage: $409.98 awarded to landlord; Property Damage: $624.00 awarded to landlord; Rent Arrears: $3,540.00 awarded to landlord; Property Damage: $557.86 awarded to landlord

What type of tenancy dispute was case 5519209?

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

Where can I read the official tribunal order for case 5519209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13826890-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5519209 about?

The tribunal order states: The tenancy of Charniqua Aiesha Desiree McCauley-Waaka at 41 Rangiora

How much money was awarded in case 5519209?

Filing Fee: $28.00 awarded to landlord; Property Damage: $409.98 awarded to landlord; Property Damage: $624.00 awarded to landlord; Rent Arrears: $3,540.00 awarded to landlord; Property Damage: $557.86 awarded to landlord

What type of tenancy dispute was case 5519209?

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

Where can I read the official tribunal order for case 5519209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13826890-Tenancy_Tribunal_Order.pdf.

41 Rangiora Avenue, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5519209 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5519209 — net $2,799.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,540.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$409.98	Window repairs
Repairs: wall in bedroom repairs	$557.86	Repairs: wall in bedroom repairs
Cooktop replacement and installation	$624.00	Cooktop replacement and installation
Net award	$2,799.84
Total payable by Tenant to Landlord	$2,799.84

The tenancy of Charniqua Aiesha Desiree McCauley-Waaka at 41 Rangiora Avenue, Roslyn, Palmerston North 4414 is terminated, and possession is granted to Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill, at 11:59 PM on Thursday the 2nd of July 2026.

Charniqua Aiesha Desiree McCauley-Waaka must pay Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill $2,799.84 immediately for rent arrears and compensation, as calculated and shown in the table below: DescriptionLandlord Rent arrears$3,540.00 Filing fee reimbursement$28.00 Window repairs$409.98 Repairs: wall in bedroom repairs$557.86 Cooktop replacement and installation$624.00 Total award$5,159.84 Minus Bond-$2,360.00 Total payable by Tenant to Landlord$2,799.84

The Bond Centre is to pay the bond of $2,360.00 (BN-32606476) to Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The Tribunal rang the tenant three times on her updated mobile number. All three calls went to answer phone.

The landlord advised that she had spoken directly to the tenant yesterday and had confirmed with her that she was aware of today’s hearing and that she would be attending.

The Tribunal has sent a notice of hearing to the tenant and followed up with a text message regarding the hearing. I am satisfied that the tenant was aware of today's hearing and has chosen not to attend. I am proceeding with the hearing in the absence of that tenant.

The landlord has applied for immediate termination of the tenancy, rent arrears, refund of the bond, damage to a cook top, 2 broken windows in the ranch slider and a hole in that bedroom wall. Background:

This is a tenancy that commenced on 27 March 2026. During this short tenancy there have been 6 police call outs to the property and one anti-social behaviour notice served on the tenant. In addition to this, there has been damages to the property caused by the tenant. Termination of the tenancy:

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord has attempted to work with the tenant to address the rent arrears and has served the tenant with 14-day notice to remedy the arrears, to no avail.

In addition to the rent arrears there has been anti-social behaviour and damages caused by the tenant or people associated with the tenant.

The landlord has received complaints from neighbouring properties regarding fighting and excessive noise from the tenant’s property.

Given all these factors, the landlord seeks an immediate termination of the tenancy. I consider it is appropriate that the tenancy is terminated. The tenancy is terminated at 11.59pm on Thursday 2 July 2026 and the landlord is granted possession of the property after that date and time.

How much is owed for rent?

The tenancy is to end on 2 July 2026. The landlord provided rent records which prove the amount of $3540.00 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for the rent arrears.

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.

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 following damage was caused during the tenancy: -A hole in the wall of the bedroom. -Two glass windows in the ranch slider. -Cooktop smashed.

The landlord has provided the pre let inspection photos and the inspection photos from a recent inspection. The photos show that the cook top, ranch slider windows are broken and there is a hole in the bedroom wall that has occurred during this tenancy.

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

The landlord has obtained a quote for the cost of the repairs. Once the tenancy is terminated the landlord will carry out the repairs. There is no doubt that the work will be carried out as the landlord will not be able to re let the property with the damage still in place.

I am satisfied that the damage has been done during this tenancy and that the landlord will incur these expenses to repair the work after termination of the tenancy.

The amounts ordered are proved. Filing Fee/Bond:

Because Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill has wholly succeeded with the claim I must reimburse the filing fee.

The bond centre is to refund the bond immediately to the landlord to offset the debt owed by the tenant to the landlord.

Order

Claims and awards in Tenancy Tribunal application 5519209 — net $2,799.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,540.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Window repairs	$409.98	Window repairs
Repairs: wall in bedroom repairs	$557.86	Repairs: wall in bedroom repairs
Cooktop replacement and installation	$624.00	Cooktop replacement and installation
Net award	$2,799.84
Total payable by Tenant to Landlord	$2,799.84

The Bond Centre is to pay the bond of $2,360.00 (BN-32606476) to Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The Tribunal rang the tenant three times on her updated mobile number. All three calls went to answer phone.

The landlord advised that she had spoken directly to the tenant yesterday and had confirmed with her that she was aware of today’s hearing and that she would be attending.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord has attempted to work with the tenant to address the rent arrears and has served the tenant with 14-day notice to remedy the arrears, to no avail.

In addition to the rent arrears there has been anti-social behaviour and damages caused by the tenant or people associated with the tenant.

The landlord has received complaints from neighbouring properties regarding fighting and excessive noise from the tenant’s property.

How much is owed for rent?

The tenancy is to end on 2 July 2026. The landlord provided rent records which prove the amount of $3540.00 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for the rent arrears.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: -A hole in the wall of the bedroom. -Two glass windows in the ranch slider. -Cooktop smashed.

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

I am satisfied that the damage has been done during this tenancy and that the landlord will incur these expenses to repair the work after termination of the tenancy.

The amounts ordered are proved. Filing Fee/Bond:

Because Bartley Real Estate Manawatu Limited as Agent for Aylah & Eamonn Murray & O'neill has wholly succeeded with the claim I must reimburse the filing fee.

The bond centre is to refund the bond immediately to the landlord to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 5519209 — Rent arrears at 41 Rangiora Avenue, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 5519209 — Rent arrears at 41 Rangiora Avenue, Roslyn, Palmerston North 4414

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

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