What was the outcome of Tenancy Tribunal case 5421418?

The tribunal order states: Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property

How much money was awarded in case 5421418?

Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Previous Order Application 5421418 D…: $4,274.29 awarded to landlord; Property Damage: $391.16 awarded to landlord; Rent Arrears: $1,457.14 awarded to landlord; Curtain Rails And Rehang: $163.00 awarded to landlord; holes in wall, window latches, towel…: $700.00 awarded to landlord; Underfloor Insulation And Gate: $750.00 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord; Smoke Alarms: $60.00 awarded to landlord; Water Rates: $652.25 awarded to landlord

What type of tenancy dispute was case 5421418?

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

Where can I read the official tribunal order for case 5421418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13376011-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5421418?

The tribunal order states: Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property

How much money was awarded in case 5421418?

Cleaning: $150.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Previous Order Application 5421418 D…: $4,274.29 awarded to landlord; Property Damage: $391.16 awarded to landlord; Rent Arrears: $1,457.14 awarded to landlord; Curtain Rails And Rehang: $163.00 awarded to landlord; holes in wall, window latches, towel…: $700.00 awarded to landlord; Underfloor Insulation And Gate: $750.00 awarded to landlord; Rubbish Removal: $370.00 awarded to landlord; Smoke Alarms: $60.00 awarded to landlord; Water Rates: $652.25 awarded to landlord

What type of tenancy dispute was case 5421418?

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

Where can I read the official tribunal order for case 5421418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13376011-Tenancy_Tribunal_Order.pdf.

2A Civil Place, Otara, Auckland 2023 Tenancy Tribunal Case 5421418 — Property damage

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2A Civil Place, Otara, Auckland 2023 Tenancy Tribunal Case 5421418 — 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 5421418 — net $9,455.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 16 to 31 January 2026	$1,457.14	Rent arrears 16 to 31 January 2026
Previous order application 5421418 dated 16/01/2026	$4,274.29	Previous order application 5421418 dated 16/01/2026
Water rates	$652.25	Water rates
Lock/key replacement	$391.16	Lock/key replacement
Rubbish removal	$370.00	Rubbish removal
Cleaning	$150.00	Cleaning
Lawns and Garden work	$460.00	Lawns and Garden work
Repairs: underfloor insulation and gate	$750.00	Repairs: underfloor insulation and gate
Repairs: holes in wall, window latches, towel rail and toilet roll holder	$700.00	Repairs: holes in wall, window latches, towel rail and toilet roll holder
Repairs: curtain rails and rehang	$163.00	Repairs: curtain rails and rehang
Replace smoke alarms	$60.00	Replace smoke alarms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,455.84
Total payable by Tenant to Landlord	$9,455.84

Claims and awards for application 5421418 — net $9,455.84 NZD. Verify on MoJ.

Rent arrears 16 to 31 January 2026

Amount: $1,457.14
Awarded to: Landlord
Reason: Rent arrears 16 to 31 January 2026

Previous order application 5421418 dated 16/01/2026

Amount: $4,274.29
Awarded to: Landlord
Reason: Previous order application 5421418 dated 16/01/2026

Water rates

Amount: $652.25
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $391.16
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $370.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

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

Order

Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property Management Limited $9,455.84 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears 16 to 31 January 2026$1,457.14 Previous order application 5421418 dated 16/01/2026$4,274.29 Water rates$652.25 Lock/key replacement$391.16 Rubbish removal$370.00 Cleaning$150.00 Lawns and Garden work$460.00 Repairs: underfloor insulation and gate$750.00 Repairs: holes in wall, window latches, towel rail and toilet roll holder $700.00 Repairs: curtain rails and rehang$163.00 Replace smoke alarms$60.00 Filing fee reimbursement$28.00 Total award$9,455.84 Total payable by Tenant to Landlord$9,455.84

Reasons

The landlord attended the video hearing. The tenant did not attend the hearing.
The landlord has applied for compensation, rent arrears and reimbursement of the filing fee.

How much does the tenant owe for rent and water rates?

The tenancy was terminated under a prior order for abandonment. This was a fixed term tenancy. The landlord provided rent records and water rates invoices which prove the amount owing to the date a new tenancy started.
The landlord is entitled to rent to the date the new tenancy started and this sum is proven.
The landlord also applied for its costs in finding a new tenant because the tenant broke the fixed term tenancy when they abandoned the premises.
The Tribunal has on occasion awarded a break fee where the landlord has agreed with a tenant to end a fixed term tenancy earlier and the tenant has agreed to pay the landlord’s costs of finding a new tenant or the Tribunal has approved payment of them. Neither situation applied here. The tenancy was terminated on application by the landlord for abandonment. The Tribunal declines to award any sum as the landlord would have incurred these costs at the end of the tenancy in any event as the tenancy had only a month to run from when the tenancy was terminated.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a. Two smoke alarms. b. A curtain rail and hooks. c. A toilet roll holder. d. A towel rail.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. `Two window latches were broken. b. There were several large and small holes in walls and a door which had been inexpertly repaired. c. There were also scrapes to the walls and a door jamb. d. There was scribble on a wall. e. The underfloor insulation had been torn and removed by the tenant’s dogs. f. The gate to under the house was broken. g. A curtain rail was removed, some hooks were missing and required replacement. The curtain had to be rehung.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, it is reasonable to determine that it was intentional.
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. The landlord explained that the property had been refurbished the year prior to the tenancy. The amounts claimed are modest and the Tribunal is satisfied that they have returned the landlord to the same position it was in without any element of betterment.
Because Resolute Property Management Limited has wholly succeeded with the claim I must 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 5421418 — net $9,455.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 16 to 31 January 2026	$1,457.14	Rent arrears 16 to 31 January 2026
Previous order application 5421418 dated 16/01/2026	$4,274.29	Previous order application 5421418 dated 16/01/2026
Water rates	$652.25	Water rates
Lock/key replacement	$391.16	Lock/key replacement
Rubbish removal	$370.00	Rubbish removal
Cleaning	$150.00	Cleaning
Lawns and Garden work	$460.00	Lawns and Garden work
Repairs: underfloor insulation and gate	$750.00	Repairs: underfloor insulation and gate
Repairs: holes in wall, window latches, towel rail and toilet roll holder	$700.00	Repairs: holes in wall, window latches, towel rail and toilet roll holder
Repairs: curtain rails and rehang	$163.00	Repairs: curtain rails and rehang
Replace smoke alarms	$60.00	Replace smoke alarms
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,455.84
Total payable by Tenant to Landlord	$9,455.84

Claims and awards for application 5421418 — net $9,455.84 NZD. Verify on MoJ.

Rent arrears 16 to 31 January 2026

Amount: $1,457.14
Awarded to: Landlord
Reason: Rent arrears 16 to 31 January 2026

Previous order application 5421418 dated 16/01/2026

Amount: $4,274.29
Awarded to: Landlord
Reason: Previous order application 5421418 dated 16/01/2026

Water rates

Amount: $652.25
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $391.16
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $370.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

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

Order

Aneti Ah-hao Mau and Harmony Pairama must pay Resolute Property Management Limited $9,455.84 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears 16 to 31 January 2026$1,457.14 Previous order application 5421418 dated 16/01/2026$4,274.29 Water rates$652.25 Lock/key replacement$391.16 Rubbish removal$370.00 Cleaning$150.00 Lawns and Garden work$460.00 Repairs: underfloor insulation and gate$750.00 Repairs: holes in wall, window latches, towel rail and toilet roll holder $700.00 Repairs: curtain rails and rehang$163.00 Replace smoke alarms$60.00 Filing fee reimbursement$28.00 Total award$9,455.84 Total payable by Tenant to Landlord$9,455.84

Reasons

The landlord attended the video hearing. The tenant did not attend the hearing.
The landlord has applied for compensation, rent arrears and reimbursement of the filing fee.

How much does the tenant owe for rent and water rates?

The tenancy was terminated under a prior order for abandonment. This was a fixed term tenancy. The landlord provided rent records and water rates invoices which prove the amount owing to the date a new tenancy started.
The landlord is entitled to rent to the date the new tenancy started and this sum is proven.
The landlord also applied for its costs in finding a new tenant because the tenant broke the fixed term tenancy when they abandoned the premises.
The Tribunal has on occasion awarded a break fee where the landlord has agreed with a tenant to end a fixed term tenancy earlier and the tenant has agreed to pay the landlord’s costs of finding a new tenant or the Tribunal has approved payment of them. Neither situation applied here. The tenancy was terminated on application by the landlord for abandonment. The Tribunal declines to award any sum as the landlord would have incurred these costs at the end of the tenancy in any event as the tenancy had only a month to run from when the tenancy was terminated.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a. Two smoke alarms. b. A curtain rail and hooks. c. A toilet roll holder. d. A towel rail.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. `Two window latches were broken. b. There were several large and small holes in walls and a door which had been inexpertly repaired. c. There were also scrapes to the walls and a door jamb. d. There was scribble on a wall. e. The underfloor insulation had been torn and removed by the tenant’s dogs. f. The gate to under the house was broken. g. A curtain rail was removed, some hooks were missing and required replacement. The curtain had to be rehung.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, it is reasonable to determine that it was intentional.
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. The landlord explained that the property had been refurbished the year prior to the tenancy. The amounts claimed are modest and the Tribunal is satisfied that they have returned the landlord to the same position it was in without any element of betterment.
Because Resolute Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5421418 — Property damage at 2A Civil Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5421418 — Property damage at 2A Civil Place, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe 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 does the tenant owe 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