What was the outcome of Tenancy Tribunal case 5209436?

The tribunal order states: Manatua Rimoni and Seia Misili must pay Barfoot & Thompson Limited

How much money was awarded in case 5209436?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $309.62 awarded to landlord; Walls and Doors: $338.75 awarded to landlord; Hole In Lounge: $447.01 awarded to landlord

What type of tenancy dispute was case 5209436?

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

Where can I read the official tribunal order for case 5209436?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046318-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5209436?

The tribunal order states: Manatua Rimoni and Seia Misili must pay Barfoot & Thompson Limited

How much money was awarded in case 5209436?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $309.62 awarded to landlord; Walls and Doors: $338.75 awarded to landlord; Hole In Lounge: $447.01 awarded to landlord

What type of tenancy dispute was case 5209436?

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

Where can I read the official tribunal order for case 5209436?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046318-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 36 Palmers Road, Clendon Park, Auckland Tenancy Tribunal Case 5209436 — Property damage

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Unit/Flat Flat 3, 36 Palmers Road, Clendon Park, Auckland Tenancy Tribunal Case 5209436 — Property damage | 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 5209436 — net $1,122.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$309.62	Rent arrears
Repairs: Hole in lounge	$447.01	Repairs: Hole in lounge
Repairs: Balance owing on repairs to walls and doors	$338.75	Repairs: Balance owing on repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,122.38
Total payable by Tenant to Landlord	$1,122.38

Claims and awards for application 5209436 — net $1,122.38 NZD. Verify on MoJ.

Rent arrears

Amount: $309.62
Awarded to: Landlord
Reason: Rent arrears

Repairs: Hole in lounge

Amount: $447.01
Awarded to: Landlord
Reason: Repairs: Hole in lounge

Repairs: Balance owing on repairs to walls and doors

Amount: $338.75
Awarded to: Landlord
Reason: Repairs: Balance owing on repairs to walls and doors

Filing fee reimbursement

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

Net award

Landlord $1,122.38

Total payable by Tenant to Landlord

Landlord $1,122.38

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Manatua Rimoni and Seia Misili must pay Barfoot & Thompson Limited $1,122.38 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. A telephone call was made to the tenants on the number provided at the allocated hearing time. The call was not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $309.62.

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. The landlord is not insured.
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: there was a hole in the wall in the lounge. At the initial vacate inspection, the hole was covered by a picture. The landlord has provided photos and an invoice for $447.01 for repairs in support of the claim. Photos were provided of holes in walls and doors at the premises. An invoice for $747.50 was provided. The bond has partially paid for the repairs, leaving a balance outstanding of $338.75.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proven.
As Barfoot & Thompson Limited has wholly succeeded with the claim I must order the tenant 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 5209436 — net $1,122.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$309.62	Rent arrears
Repairs: Hole in lounge	$447.01	Repairs: Hole in lounge
Repairs: Balance owing on repairs to walls and doors	$338.75	Repairs: Balance owing on repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,122.38
Total payable by Tenant to Landlord	$1,122.38

Claims and awards for application 5209436 — net $1,122.38 NZD. Verify on MoJ.

Rent arrears

Amount: $309.62
Awarded to: Landlord
Reason: Rent arrears

Repairs: Hole in lounge

Amount: $447.01
Awarded to: Landlord
Reason: Repairs: Hole in lounge

Repairs: Balance owing on repairs to walls and doors

Amount: $338.75
Awarded to: Landlord
Reason: Repairs: Balance owing on repairs to walls and doors

Filing fee reimbursement

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

Net award

Landlord $1,122.38

Total payable by Tenant to Landlord

Landlord $1,122.38

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Manatua Rimoni and Seia Misili must pay Barfoot & Thompson Limited $1,122.38 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. A telephone call was made to the tenants on the number provided at the allocated hearing time. The call was not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $309.62.

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. The landlord is not insured.
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: there was a hole in the wall in the lounge. At the initial vacate inspection, the hole was covered by a picture. The landlord has provided photos and an invoice for $447.01 for repairs in support of the claim. Photos were provided of holes in walls and doors at the premises. An invoice for $747.50 was provided. The bond has partially paid for the repairs, leaving a balance outstanding of $338.75.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proven.
As Barfoot & Thompson Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5209436 — Property damage at Unit/Flat Flat 3, 36 Palmers Road, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5209436 — Property damage at Unit/Flat Flat 3, 36 Palmers Road, Clendon Park, Auckland

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