What was the outcome of Tenancy Tribunal case 5365881?

The tribunal order states: Viena Pita must pay Mog Limited T/A Angel Property Managers As Agent For

How much money was awarded in case 5365881?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,446.38 awarded to landlord; Rent Arrears: $1,353.00 awarded to landlord; Water Rates: $255.17 awarded to landlord

What type of tenancy dispute was case 5365881?

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

Where can I read the official tribunal order for case 5365881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239248-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5365881?

The tribunal order states: Viena Pita must pay Mog Limited T/A Angel Property Managers As Agent For

How much money was awarded in case 5365881?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,446.38 awarded to landlord; Rent Arrears: $1,353.00 awarded to landlord; Water Rates: $255.17 awarded to landlord

What type of tenancy dispute was case 5365881?

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

Where can I read the official tribunal order for case 5365881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239248-Tenancy_Tribunal_Order.pdf.

52A Portman Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 5365881 — Property damage

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52A Portman Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 5365881 — 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 5365881 — net $1,498.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2025	$1,353.00	Rent arrears to 4 September 2025
Water rates	$255.17	Water rates
Repairs	$1,446.38	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,498.92
Total payable by Tenant to Landlord	$1,498.92

Claims and awards for application 5365881 — net $1,498.92 NZD. Verify on MoJ.

Rent arrears to 4 September 2025

Amount: $1,353.00
Awarded to: Landlord
Reason: Rent arrears to 4 September 2025

Water rates

Amount: $255.17
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $1,446.38
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,498.92

Total payable by Tenant to Landlord

Landlord $1,498.92

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Viena Pita must pay Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited $1,498.92 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,583.63 (5884958-005) to Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited immediately.

Reasons

The landlord attended the hearing held on 6 March 2026. The tenant did not attend the hearing.
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 and water rates?

The tenancy ended on 4 September 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 premises were mostly clean but there were a couple of areas which the tenant did not leave the reasonably clean. Examples of these were the oven and the rangehood.
The landlord sought 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 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: broken window, broken window stays, broken cupboard door, damaged doors, broken door handles, wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed 40 hours labour at $35.00 per hour. This amount of labour does not align with the work carried out. For example, the landlord sought six hours labour to replace a kitchen cupboard door and a further six hours to replace and fix window stays on two windows. Further, to replace a glass panel he has claimed four hours of labour and a further four hours to replace two window stays. I consider that the labour claimed is excessive. For this reason, I have reduced the labour time to 18 hours which I consider to be reasonable for the repairs needed.
Because Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited 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 5365881 — net $1,498.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2025	$1,353.00	Rent arrears to 4 September 2025
Water rates	$255.17	Water rates
Repairs	$1,446.38	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,498.92
Total payable by Tenant to Landlord	$1,498.92

Claims and awards for application 5365881 — net $1,498.92 NZD. Verify on MoJ.

Rent arrears to 4 September 2025

Amount: $1,353.00
Awarded to: Landlord
Reason: Rent arrears to 4 September 2025

Water rates

Amount: $255.17
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $1,446.38
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,498.92

Total payable by Tenant to Landlord

Landlord $1,498.92

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Viena Pita must pay Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited $1,498.92 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,583.63 (5884958-005) to Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited immediately.

Reasons

The landlord attended the hearing held on 6 March 2026. The tenant did not attend the hearing.
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 and water rates?

The tenancy ended on 4 September 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 premises were mostly clean but there were a couple of areas which the tenant did not leave the reasonably clean. Examples of these were the oven and the rangehood.
The landlord sought 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 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: broken window, broken window stays, broken cupboard door, damaged doors, broken door handles, wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed 40 hours labour at $35.00 per hour. This amount of labour does not align with the work carried out. For example, the landlord sought six hours labour to replace a kitchen cupboard door and a further six hours to replace and fix window stays on two windows. Further, to replace a glass panel he has claimed four hours of labour and a further four hours to replace two window stays. I consider that the labour claimed is excessive. For this reason, I have reduced the labour time to 18 hours which I consider to be reasonable for the repairs needed.
Because Mog Limited T/A Angel Property Managers As Agent For Krasni Investments Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5365881 — Property damage at 52A Portman Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 5365881 — Property damage at 52A Portman Road, Mount Wellington, Auckland 1060

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

Property management

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

Property management

Frequently asked questions