What was the outcome of Tenancy Tribunal case 5118768?

The tribunal order states: Mele Lolohea Astrobella Hautoni Taufa Malupo and Siotisolu Mateaki Petani

How much money was awarded in case 5118768?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,071.43 awarded to landlord; Painting: $172.50 awarded to landlord; Tile: $276.00 awarded to landlord

What type of tenancy dispute was case 5118768?

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

Where can I read the official tribunal order for case 5118768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690700-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5118768?

The tribunal order states: Mele Lolohea Astrobella Hautoni Taufa Malupo and Siotisolu Mateaki Petani

How much money was awarded in case 5118768?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,071.43 awarded to landlord; Painting: $172.50 awarded to landlord; Tile: $276.00 awarded to landlord

What type of tenancy dispute was case 5118768?

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

Where can I read the official tribunal order for case 5118768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690700-Tenancy_Tribunal_Order.pdf.

51A Namata Road, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 5118768 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

51A Namata Road, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 5118768 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5118768 — net $2,986.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,071.43	Rent arrears
Repairs: Tile	$276.00	Repairs: Tile
Repairs: Painting	$172.50	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,986.93
Total payable by Tenant to Landlord	$2,986.93

Claims and awards for application 5118768 — net $2,986.93 NZD. Verify on MoJ.

Rent arrears

Amount: $6,071.43
Awarded to: Landlord
Reason: Rent arrears

Repairs: Tile

Amount: $276.00
Awarded to: Landlord
Reason: Repairs: Tile

Repairs: Painting

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,986.93

Total payable by Tenant to Landlord

Landlord $2,986.93

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Mele Lolohea Astrobella Hautoni Taufa Malupo and Siotisolu Mateaki Petani Malupo must pay Evergold Property Management Limited Acting Agent For Miao Miao He $2,986.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,560.00 (6381477-013) to Evergold Property Management Limited Acting Agent For Miao Miao He immediately.

Reasons

Both parties attended the video hearing. The tenant Mele Malupo represented both tenants.
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 6 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,071.43.

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 tile was cracked in the ensuite . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $276.00.
Walls in the dining room and master bedroom were marked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $172.50.
The amounts ordered are proved.
As Evergold Property Management Limited Acting Agent For Miao Miao He has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5118768 — net $2,986.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,071.43	Rent arrears
Repairs: Tile	$276.00	Repairs: Tile
Repairs: Painting	$172.50	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,986.93
Total payable by Tenant to Landlord	$2,986.93

Claims and awards for application 5118768 — net $2,986.93 NZD. Verify on MoJ.

Rent arrears

Amount: $6,071.43
Awarded to: Landlord
Reason: Rent arrears

Repairs: Tile

Amount: $276.00
Awarded to: Landlord
Reason: Repairs: Tile

Repairs: Painting

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,986.93

Total payable by Tenant to Landlord

Landlord $2,986.93

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Mele Lolohea Astrobella Hautoni Taufa Malupo and Siotisolu Mateaki Petani Malupo must pay Evergold Property Management Limited Acting Agent For Miao Miao He $2,986.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,560.00 (6381477-013) to Evergold Property Management Limited Acting Agent For Miao Miao He immediately.

Reasons

Both parties attended the video hearing. The tenant Mele Malupo represented both tenants.
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 6 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,071.43.

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 tile was cracked in the ensuite . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $276.00.
Walls in the dining room and master bedroom were marked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $172.50.
The amounts ordered are proved.
As Evergold Property Management Limited Acting Agent For Miao Miao He has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Tenancy Tribunal case 5118768 — Rent arrears at 51A Namata Road, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 5118768 — Rent arrears at 51A Namata Road, One Tree Hill, Auckland 1061

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