What was the outcome of Tenancy Tribunal case 5218913?

The tribunal order states: Hemoata Tarau-Peehikuru owes Matthew Lee Graham and Anh Nga Bui

How much money was awarded in case 5218913?

Cleaning: $1,000.00 awarded to landlord; Electrical Work: $189.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Window And Back Door Glass: $509.25 awarded to landlord; Lawns and Garden Work: $1,180.00 awarded to landlord; Property Damage: $1,903.80 awarded to landlord; Re Connection Of Power- Pulse Energy: $75.00 awarded to landlord; Rent Arrears: $5,650.00 awarded to landlord; Rubbish Removal: $970.00 awarded to landlord; Water Rates: $145.08 awarded to landlord

What type of tenancy dispute was case 5218913?

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

Where can I read the official tribunal order for case 5218913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12097642-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5218913?

The tribunal order states: Hemoata Tarau-Peehikuru owes Matthew Lee Graham and Anh Nga Bui

How much money was awarded in case 5218913?

Cleaning: $1,000.00 awarded to landlord; Electrical Work: $189.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Window And Back Door Glass: $509.25 awarded to landlord; Lawns and Garden Work: $1,180.00 awarded to landlord; Property Damage: $1,903.80 awarded to landlord; Re Connection Of Power- Pulse Energy: $75.00 awarded to landlord; Rent Arrears: $5,650.00 awarded to landlord; Rubbish Removal: $970.00 awarded to landlord; Water Rates: $145.08 awarded to landlord

What type of tenancy dispute was case 5218913?

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

Where can I read the official tribunal order for case 5218913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12097642-Tenancy_Tribunal_Order.pdf.

46 Totara Road, Whenuapai, Auckland 0618 Tenancy Tribunal Case 5218913 — Rent arrears

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46 Totara Road, Whenuapai, Auckland 0618 Tenancy Tribunal Case 5218913 — 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 5218913 — net $7,849.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 8 April 2025	$5,650.00		Rent arrears to 8 April 2025
Water rates to 8 April 2025	$145.08		2. The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Lawns and Garden work	$1,180.00		Lawns and Garden work
Rubbish removal	$970.00		Rubbish removal
Garage window and back door glass	$509.25		Garage window and back door glass
Repair of septic tank pump	$1,903.80		Repair of septic tank pump
Cleaning	$1,000.00		Cleaning
Electrical work	$189.75		Electrical work
Re connection of power- Pulse energy	$75.00		Re connection of power- Pulse energy
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond already paid out to landlords		$3,800.00	Bond already paid out to landlords
Total award	$11,649.88	$3,800.00
Net award	$7,849.88
Total payable by Tenant to Landlord	$7,849.88

Claims and awards for application 5218913 — net $7,849.88 NZD. Verify on MoJ.

Rent arrears to 8 April 2025

Amount: $5,650.00
Awarded to: Landlord
Reason: Rent arrears to 8 April 2025

Water rates to 8 April 2025

Amount: $145.08
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Lawns and Garden work

Amount: $1,180.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $970.00
Awarded to: Landlord
Reason: Rubbish removal

Garage window and back door glass

Amount: $509.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Hemoata Tarau-Peehikuru owes Matthew Lee Graham and Anh Nga Bui $11,649.88 (“the debt”), calculated as shown in table below.
Hemoata Tarau-Peehikuru must pay the debt as follows: a. By 196 weekly payments of $40.00; b. A final payment of $9.88; c. Payments will be every Wednesday, with the first payment on 16/07/2025 and continuing until 18/04/2029; and d. Where the tenant’s financial circumstances improve, the tenant has agreed to contact the landlords to make arrangements to increase the weekly amounts payable or to make lump sum payments.
If the tenant fails to pay any of these debt payments within 2 working days of the due dates, the balance of the debt will be payable immediately.
Hemoata Tarau-Peehikuru has confirmed to the Tribunal that she will complete a redirection form, get the landlords to sign it, give a copy of the form and this Order to Work and Income New Zealand (WINZ) and authorise the $40.00 weekly debt repayments to be deducted directly from her WINZ benefit and paid to Matthew Lee Graham and Anh Nga Bui to their ASB bank account 12-3623- 0012685-02. Matthew Lee Graham, Anh Nga Bui can be contacted by WINZ on +61447636050 or +61436599277 or mgra1342@gmail.com or buianhnga@gmail.com if WINZ requires any additional information to set up the direct debit.
Where Hemoata Tarau-Peehikuru does not authorise the weekly debt repayments to be made to Matthew Lee Graham and Anh Nga Bui by WINZ by 17 July 2025, the full amount of the remaining debt will fall due immediately and Matthew Lee Graham and Anh Nga Bui will be free to pursue the debt through a debt collection agency of their choice.

Reasons

Both parties attended the hearing by video on 10 July 2025.
The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant cannot afford to pay the full debt owing immediately so the parties have agreed to a repayment plan.

How much is owed for rent and water rates?

The tenancy ended on 8 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

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. Broken garage window; b. Broken glass door panel; c. Cost to have the septic tank pump cleaned from a serious baby wipe blockage where the blades were all stuck with baby wipes wrapped around them and the pump had to be opened up and cleaned out and pump re- installed; d. Electrical work to identify the cause of no power; and e. Costs of having the power re-connected.
The damage is more than fair wear and tear, and the tenant has accepted liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Agent cost
The landlords live offshore and had to appoint an agent to go to the house to assess whether it had been abandoned and to secure it as it was left unlocked by the tenant.
There is no ability in the RTA for a landlord to charge a tenant with the cost of a property manager or agent to manage the premises (refer to section 11 of the RTA). These are a cost of doing business that landlord cannot pass on to the tenant.
This claim is dismissed. Reimbursement of filing fee
Because Matthew Lee Graham, Anh Nga Bui has substantially succeeded with the claim I have reimbursed 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 5218913 — net $7,849.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 8 April 2025	$5,650.00		Rent arrears to 8 April 2025
Water rates to 8 April 2025	$145.08		2. The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Lawns and Garden work	$1,180.00		Lawns and Garden work
Rubbish removal	$970.00		Rubbish removal
Garage window and back door glass	$509.25		Garage window and back door glass
Repair of septic tank pump	$1,903.80		Repair of septic tank pump
Cleaning	$1,000.00		Cleaning
Electrical work	$189.75		Electrical work
Re connection of power- Pulse energy	$75.00		Re connection of power- Pulse energy
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond already paid out to landlords		$3,800.00	Bond already paid out to landlords
Total award	$11,649.88	$3,800.00
Net award	$7,849.88
Total payable by Tenant to Landlord	$7,849.88

Claims and awards for application 5218913 — net $7,849.88 NZD. Verify on MoJ.

Rent arrears to 8 April 2025

Amount: $5,650.00
Awarded to: Landlord
Reason: Rent arrears to 8 April 2025

Water rates to 8 April 2025

Amount: $145.08
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Lawns and Garden work

Amount: $1,180.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $970.00
Awarded to: Landlord
Reason: Rubbish removal

Garage window and back door glass

Amount: $509.25
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Hemoata Tarau-Peehikuru owes Matthew Lee Graham and Anh Nga Bui $11,649.88 (“the debt”), calculated as shown in table below.
Hemoata Tarau-Peehikuru must pay the debt as follows: a. By 196 weekly payments of $40.00; b. A final payment of $9.88; c. Payments will be every Wednesday, with the first payment on 16/07/2025 and continuing until 18/04/2029; and d. Where the tenant’s financial circumstances improve, the tenant has agreed to contact the landlords to make arrangements to increase the weekly amounts payable or to make lump sum payments.
If the tenant fails to pay any of these debt payments within 2 working days of the due dates, the balance of the debt will be payable immediately.
Hemoata Tarau-Peehikuru has confirmed to the Tribunal that she will complete a redirection form, get the landlords to sign it, give a copy of the form and this Order to Work and Income New Zealand (WINZ) and authorise the $40.00 weekly debt repayments to be deducted directly from her WINZ benefit and paid to Matthew Lee Graham and Anh Nga Bui to their ASB bank account 12-3623- 0012685-02. Matthew Lee Graham, Anh Nga Bui can be contacted by WINZ on +61447636050 or +61436599277 or mgra1342@gmail.com or buianhnga@gmail.com if WINZ requires any additional information to set up the direct debit.
Where Hemoata Tarau-Peehikuru does not authorise the weekly debt repayments to be made to Matthew Lee Graham and Anh Nga Bui by WINZ by 17 July 2025, the full amount of the remaining debt will fall due immediately and Matthew Lee Graham and Anh Nga Bui will be free to pursue the debt through a debt collection agency of their choice.

Reasons

Both parties attended the hearing by video on 10 July 2025.
The landlord has applied for rent and water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant cannot afford to pay the full debt owing immediately so the parties have agreed to a repayment plan.

How much is owed for rent and water rates?

The tenancy ended on 8 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

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. Broken garage window; b. Broken glass door panel; c. Cost to have the septic tank pump cleaned from a serious baby wipe blockage where the blades were all stuck with baby wipes wrapped around them and the pump had to be opened up and cleaned out and pump re- installed; d. Electrical work to identify the cause of no power; and e. Costs of having the power re-connected.
The damage is more than fair wear and tear, and the tenant has accepted liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Agent cost
The landlords live offshore and had to appoint an agent to go to the house to assess whether it had been abandoned and to secure it as it was left unlocked by the tenant.
There is no ability in the RTA for a landlord to charge a tenant with the cost of a property manager or agent to manage the premises (refer to section 11 of the RTA). These are a cost of doing business that landlord cannot pass on to the tenant.
This claim is dismissed. Reimbursement of filing fee
Because Matthew Lee Graham, Anh Nga Bui has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5218913 — Rent arrears at 46 Totara Road, Whenuapai, Auckland 0618

At a glance

Tenancy Tribunal case 5218913 — Rent arrears at 46 Totara Road, Whenuapai, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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