What was the outcome of Tenancy Tribunal case 5223011?

The tribunal order states: Hoani Hona and Ataahua Kemp must pay Kāinga Ora–Homes And

How much money was awarded in case 5223011?

Property Damage: $681.78 awarded to landlord; Rent Arrears: $106.43 awarded to landlord; Door And Jamb: $412.83 awarded to landlord; Wall Holes: $308.56 awarded to landlord

What type of tenancy dispute was case 5223011?

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

Where can I read the official tribunal order for case 5223011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12133268-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5223011?

The tribunal order states: Hoani Hona and Ataahua Kemp must pay Kāinga Ora–Homes And

How much money was awarded in case 5223011?

Property Damage: $681.78 awarded to landlord; Rent Arrears: $106.43 awarded to landlord; Door And Jamb: $412.83 awarded to landlord; Wall Holes: $308.56 awarded to landlord

What type of tenancy dispute was case 5223011?

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

Where can I read the official tribunal order for case 5223011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12133268-Tenancy_Tribunal_Order.pdf.

19I Azalea Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5223011 — Property damage

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19I Azalea Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5223011 — 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 5223011 — net $1,509.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 February 2025	$106.43	Rent arrears to 25 February 2025
Repairs: Door and jamb	$412.83	Repairs: Door and jamb
Window repairs	$681.78	Window repairs
Repairs: Wall holes	$308.56	Repairs: Wall holes
Net award	$1,509.60
Total payable by Tenant to Landlord	$1,509.60

Claims and awards for application 5223011 — net $1,509.60 NZD. Verify on MoJ.

Rent arrears to 25 February 2025

Amount: $106.43
Awarded to: Landlord
Reason: Rent arrears to 25 February 2025

Repairs: Door and jamb

Amount: $412.83
Awarded to: Landlord
Reason: Repairs: Door and jamb

Window repairs

Amount: $681.78
Awarded to: Landlord
Reason: Window repairs

Repairs: Wall holes

Amount: $308.56
Awarded to: Landlord
Reason: Repairs: Wall holes

Net award

Landlord $1,509.60

Total payable by Tenant to Landlord

Landlord $1,509.60

Claim types — money lines allowed on this order

Property damage Rent arrears

Order

Hoani Hona and Ataahua Kemp must pay Kāinga Ora–Homes And Communities $1,509.60 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The tenants did not attend the hearing. Two attempts were made to join the tenants to the hearing by telephone, but the calls were not answered. I was satisfied that the tenants had notice of this hearing, so the hearing proceeded in their absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 February 2025. The tenant has been paying $5.00 per week toward the rent arrears. On the day of hearing $106.43 remained owing.

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.
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).
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.
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.
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 a door and two door jambs, broken window glass and wall holes in several rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5223011 — net $1,509.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 February 2025	$106.43	Rent arrears to 25 February 2025
Repairs: Door and jamb	$412.83	Repairs: Door and jamb
Window repairs	$681.78	Window repairs
Repairs: Wall holes	$308.56	Repairs: Wall holes
Net award	$1,509.60
Total payable by Tenant to Landlord	$1,509.60

Claims and awards for application 5223011 — net $1,509.60 NZD. Verify on MoJ.

Rent arrears to 25 February 2025

Amount: $106.43
Awarded to: Landlord
Reason: Rent arrears to 25 February 2025

Repairs: Door and jamb

Amount: $412.83
Awarded to: Landlord
Reason: Repairs: Door and jamb

Window repairs

Amount: $681.78
Awarded to: Landlord
Reason: Window repairs

Repairs: Wall holes

Amount: $308.56
Awarded to: Landlord
Reason: Repairs: Wall holes

Net award

Landlord $1,509.60

Total payable by Tenant to Landlord

Landlord $1,509.60

Claim types — money lines allowed on this order

Property damage Rent arrears

Order

Hoani Hona and Ataahua Kemp must pay Kāinga Ora–Homes And Communities $1,509.60 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The tenants did not attend the hearing. Two attempts were made to join the tenants to the hearing by telephone, but the calls were not answered. I was satisfied that the tenants had notice of this hearing, so the hearing proceeded in their absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 February 2025. The tenant has been paying $5.00 per week toward the rent arrears. On the day of hearing $106.43 remained owing.

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.
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).
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.
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.
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 a door and two door jambs, broken window glass and wall holes in several rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5223011 — Property damage at 19I Azalea Place, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5223011 — Property damage at 19I Azalea Place, Wiri, Auckland 2104

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