What was the outcome of Tenancy Tribunal case 5390821?

The tribunal order states: Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes

How much money was awarded in case 5390821?

Cleaning: $131.02 awarded to landlord; Rent Arrears: $7,891.57 awarded to landlord; Patch Gib: $38.79 awarded to landlord

What type of tenancy dispute was case 5390821?

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

Where can I read the official tribunal order for case 5390821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13123116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5390821?

The tribunal order states: Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes

How much money was awarded in case 5390821?

Cleaning: $131.02 awarded to landlord; Rent Arrears: $7,891.57 awarded to landlord; Patch Gib: $38.79 awarded to landlord

What type of tenancy dispute was case 5390821?

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

Where can I read the official tribunal order for case 5390821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13123116-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 1 Firth Crescent, Otara, Auckland 2025 Tenancy Tribunal Case 5390821 — Rent arrears

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Unit/Flat Unit 1, 1 Firth Crescent, Otara, Auckland 2025 Tenancy Tribunal Case 5390821 — 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 5390821 — net $8,061.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,891.57	Rent arrears
Cleaning: Oven	$131.02	Cleaning: Oven
Repairs: Patch gib	$38.79	Repairs: Patch gib
Net award	$8,061.38
Total payable by Tenant to Landlord	$8,061.38

Claims and awards for application 5390821 — net $8,061.38 NZD. Verify on MoJ.

Rent arrears

Amount: $7,891.57
Awarded to: Landlord
Reason: Rent arrears

Cleaning: Oven

Amount: $131.02
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Patch gib

Amount: $38.79
Awarded to: Landlord
Reason: Repairs: Patch gib

Net award

Landlord $8,061.38

Total payable by Tenant to Landlord

Landlord $8,061.38

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes And Communities $8,061.38 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenants did not attend the hearing. 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 and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 March 2023. The landlord provided rent records which prove the amount owing is $7,891.57.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the oven reasonably clean and tidy The landlord provided photos of the oven in support of their application.
The claim is proven and the compensation applied for is reasonable.

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 wall had been damaged. The landlord provided a photo of the damage in support of their claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.

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 5390821 — net $8,061.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,891.57	Rent arrears
Cleaning: Oven	$131.02	Cleaning: Oven
Repairs: Patch gib	$38.79	Repairs: Patch gib
Net award	$8,061.38
Total payable by Tenant to Landlord	$8,061.38

Claims and awards for application 5390821 — net $8,061.38 NZD. Verify on MoJ.

Rent arrears

Amount: $7,891.57
Awarded to: Landlord
Reason: Rent arrears

Cleaning: Oven

Amount: $131.02
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Patch gib

Amount: $38.79
Awarded to: Landlord
Reason: Repairs: Patch gib

Net award

Landlord $8,061.38

Total payable by Tenant to Landlord

Landlord $8,061.38

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes And Communities $8,061.38 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenants did not attend the hearing. 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 and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 March 2023. The landlord provided rent records which prove the amount owing is $7,891.57.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the oven reasonably clean and tidy The landlord provided photos of the oven in support of their application.
The claim is proven and the compensation applied for is reasonable.

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 wall had been damaged. The landlord provided a photo of the damage in support of their claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.

Tenancy Tribunal case 5390821 — Rent arrears at Unit/Flat Unit 1, 1 Firth Crescent, Otara, Auckland 2025

At a glance

Tenancy Tribunal case 5390821 — Rent arrears at Unit/Flat Unit 1, 1 Firth Crescent, Otara, Auckland 2025

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