What was the outcome of Tenancy Tribunal case 5091111?

The tribunal order states: Harmony Julies Wikaira-Waikato must pay Kāinga Ora–Homes And

How much money was awarded in case 5091111?

Rent Arrears: $490.50 awarded to landlord; Property Damage: $159.00 awarded to landlord

What type of tenancy dispute was case 5091111?

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

Where can I read the official tribunal order for case 5091111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11455263-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5091111?

The tribunal order states: Harmony Julies Wikaira-Waikato must pay Kāinga Ora–Homes And

How much money was awarded in case 5091111?

Rent Arrears: $490.50 awarded to landlord; Property Damage: $159.00 awarded to landlord

What type of tenancy dispute was case 5091111?

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

Where can I read the official tribunal order for case 5091111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11455263-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 8 York Street, Drury, Drury 2113 Tenancy Tribunal Case 5091111 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5091111 — net $649.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$490.50	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Repairs: Glass replacement	$159.00	Repairs: Glass replacement
Net award	$649.50
Total payable by Tenant to Landlord	$649.50

Harmony Julies Wikaira-Waikato must pay Kāinga Ora–Homes And Communities $649.50 (“the debt”), calculated as shown in table below.

The tenant must pay the debt in order of rent arrears and glass replacement at the rate of $20.00 per week.

The next payment for rent, rent arrears and glass replacement compensation must be made on Thursday 20 February 2025 and payments must continue every week until the debt is paid in full.

The tenant must continue to pay her rent of $159.00 when due each week.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote teleconference.

The landlord has applied for rent arrears and compensation for damage.

How much is owed for rent?

The landlord provided rent records which prove the amount owing as at 13 February 2025. Having sighted the landlord’s updated rent ledger I am satisfied that the tenant is responsible for this debt.

The claim for rent arrears is proven.

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: damage to sliding door glass. The damage is more than fair wear and tear, and the tenant accepted liability for the damage during the hearing. The landlord also provided photographic evidence in support of this damage claim which I have sighted.

The amount ordered are proved.

The landlord does not seek reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5091111 — net $649.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$490.50	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Repairs: Glass replacement	$159.00	Repairs: Glass replacement
Net award	$649.50
Total payable by Tenant to Landlord	$649.50

Harmony Julies Wikaira-Waikato must pay Kāinga Ora–Homes And Communities $649.50 (“the debt”), calculated as shown in table below.

The tenant must pay the debt in order of rent arrears and glass replacement at the rate of $20.00 per week.

The next payment for rent, rent arrears and glass replacement compensation must be made on Thursday 20 February 2025 and payments must continue every week until the debt is paid in full.

The tenant must continue to pay her rent of $159.00 when due each week.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote teleconference.

The landlord has applied for rent arrears and compensation for damage.

How much is owed for rent?

The claim for rent arrears is proven.

Is the tenant responsible for the damage to the premises?

The amount ordered are proved.

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5091111 — Rent arrears at Unit/Flat 9, 8 York Street, Drury, Drury 2113

At a glance

Tenancy Tribunal case 5091111 — Rent arrears at Unit/Flat 9, 8 York Street, Drury, Drury 2113

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

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

Frequently asked questions