What was the outcome of Tenancy Tribunal case 5166733?

The tribunal order states: Peterichard Kaihau must pay Shane Goodhue $4,257.00 immediately,

How much money was awarded in case 5166733?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,390.00 awarded to landlord; Shower: $600.00 awarded to landlord

What type of tenancy dispute was case 5166733?

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

Where can I read the official tribunal order for case 5166733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11797328-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5166733?

The tribunal order states: Peterichard Kaihau must pay Shane Goodhue $4,257.00 immediately,

How much money was awarded in case 5166733?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,390.00 awarded to landlord; Shower: $600.00 awarded to landlord

What type of tenancy dispute was case 5166733?

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

Where can I read the official tribunal order for case 5166733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11797328-Tenancy_Tribunal_Order.pdf.

708 Nikau Road, Mokihinui, RD 1, Westport 7891 Tenancy Tribunal Case 5166733 — Rent arrears

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708 Nikau Road, Mokihinui, RD 1, Westport 7891 Tenancy Tribunal Case 5166733 — 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 5166733 — net $4,257.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 February 2025	$4,390.00	Rent arrears (to 8 February 2025
Repairs: Shower	$600.00	Repairs: Shower
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,257.00
Total payable by Tenant to Landlord	$4,257.00

Claims and awards for application 5166733 — net $4,257.00 NZD. Verify on MoJ.

Rent arrears (to 8 February 2025

Amount: $4,390.00
Awarded to: Landlord
Reason: Rent arrears (to 8 February 2025

Repairs: Shower

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Shower

Filing fee reimbursement

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

Net award

Landlord $4,257.00

Total payable by Tenant to Landlord

Landlord $4,257.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Peterichard Kaihau must pay Shane Goodhue $4,257.00 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 8 February 2025)$4,390.00 Repairs: Shower$600.00 Filing fee reimbursement$27.00 Total award$5,017.00 Bond$760.00 Total payable by Tenant to Landlord$4,257.00
The Bond Centre is to pay the bond of $760.00 (6478358-003) to Shane Goodhue immediately.
The landlord’s other claims are dismissed.

Reasons

Neither party attended the hearing by the video link provided in the Notice of Hearing, so I called both parties. Mr Goodhue attended the hearing by telephone.
Mr Kaihau’s phone was answered by his partner, Ms Taaka. She requested an adjournment on Mr Kaihau’s behalf on the grounds that he was unavailable because of work. Mr Goodhue opposed the adjournment.
I decided to proceed with the hearing, but allowed Ms Taaka to remain on the call and to represent Mr Kaihau.
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 8 February 2025. The landlord provided rent records prove the amount owing at the end of the tenancy and Ms Taaka acknowledged the arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish but did not provide any photographs to support those claims. Ms Taaka acknowledged that some rubbish was left at the property but said that the landlord said he would deal with it.
In the absence of evidence of the condition of the property at the end of the tenancy, I can not be satisfied that the premises were not reasonably clean or that the amounts claimed are reasonable. These claims are dismissed.

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.
The landlord claimed that one wall of a shower lining was damaged during the tenancy. There were no ingoing photographs of the shower, or of the damage at the end of the tenancy. However, Ms Taaka acknowledged that a hole was created in one wall of the shower during the tenancy. The damage is more than fair wear and tear.
Mr Goodhue has claimed the cost of fully relining the shower. I am not persuaded that that is required. I have also taken account of betterment and depreciation and had regard to the condition of the shower as depicted in the photographs of the undamaged walls provided by the landlord. I have awarded $600 for the repair, being approximately 2/3 of the amount claimed.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application 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 5166733 — net $4,257.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 February 2025	$4,390.00	Rent arrears (to 8 February 2025
Repairs: Shower	$600.00	Repairs: Shower
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,257.00
Total payable by Tenant to Landlord	$4,257.00

Claims and awards for application 5166733 — net $4,257.00 NZD. Verify on MoJ.

Rent arrears (to 8 February 2025

Amount: $4,390.00
Awarded to: Landlord
Reason: Rent arrears (to 8 February 2025

Repairs: Shower

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Shower

Filing fee reimbursement

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

Net award

Landlord $4,257.00

Total payable by Tenant to Landlord

Landlord $4,257.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Peterichard Kaihau must pay Shane Goodhue $4,257.00 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 8 February 2025)$4,390.00 Repairs: Shower$600.00 Filing fee reimbursement$27.00 Total award$5,017.00 Bond$760.00 Total payable by Tenant to Landlord$4,257.00
The Bond Centre is to pay the bond of $760.00 (6478358-003) to Shane Goodhue immediately.
The landlord’s other claims are dismissed.

Reasons

Neither party attended the hearing by the video link provided in the Notice of Hearing, so I called both parties. Mr Goodhue attended the hearing by telephone.
Mr Kaihau’s phone was answered by his partner, Ms Taaka. She requested an adjournment on Mr Kaihau’s behalf on the grounds that he was unavailable because of work. Mr Goodhue opposed the adjournment.
I decided to proceed with the hearing, but allowed Ms Taaka to remain on the call and to represent Mr Kaihau.
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 8 February 2025. The landlord provided rent records prove the amount owing at the end of the tenancy and Ms Taaka acknowledged the arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish but did not provide any photographs to support those claims. Ms Taaka acknowledged that some rubbish was left at the property but said that the landlord said he would deal with it.
In the absence of evidence of the condition of the property at the end of the tenancy, I can not be satisfied that the premises were not reasonably clean or that the amounts claimed are reasonable. These claims are dismissed.

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.
The landlord claimed that one wall of a shower lining was damaged during the tenancy. There were no ingoing photographs of the shower, or of the damage at the end of the tenancy. However, Ms Taaka acknowledged that a hole was created in one wall of the shower during the tenancy. The damage is more than fair wear and tear.
Mr Goodhue has claimed the cost of fully relining the shower. I am not persuaded that that is required. I have also taken account of betterment and depreciation and had regard to the condition of the shower as depicted in the photographs of the undamaged walls provided by the landlord. I have awarded $600 for the repair, being approximately 2/3 of the amount claimed.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5166733 — Rent arrears at 708 Nikau Road, Mokihinui, RD 1, Westport 7891

At a glance

Tenancy Tribunal case 5166733 — Rent arrears at 708 Nikau Road, Mokihinui, RD 1, Westport 7891

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions