Tenantcheck Insights · Case study
Tenancy Tribunal case 5423768 — Property damage at 129D East Tamaki Road, Papatoetoe, Auckland 2025
Published 10 February 2026 · Application 5423768
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,788.45
- Total balance for Tenant to pay Landlord
- $5,788.45
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Water rates to 28 January 2026 | $3,492.45 | Water rates to 28 January 2026 | |
| Repairs to pump, and pumping stormwater (50 | $2,015.00 | Repairs to pump, and pumping stormwater (50 | |
| Pest control July 2025 | $253.00 | Pest control July 2025 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $5,788.45 | ||
| Total payable by Tenant to Landlord | $5,788.45 |
Claims and awards for application 5423768 — net $5,788.45 NZD. Verify on MoJ.
Water rates to 28 January 2026
- Amount
- $3,492.45
- Awarded to
- Landlord
- Reason
- Water rates to 28 January 2026
Repairs to pump, and pumping stormwater (50
- Amount
- $2,015.00
- Awarded to
- Landlord
- Reason
- Repairs to pump, and pumping stormwater (50
Pest control July 2025
- Amount
- $253.00
- Awarded to
- Landlord
- Reason
- Pest control July 2025
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $5,788.45
Total payable by Tenant to Landlord
Landlord $5,788.45
Claim types — money lines allowed on this order
Order
- Enam Muhammad Waris and Hamidah Begom Binti Saleh Ahmad must pay Kāhui Tū Kaha Limited $5,788.45 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing. The tenants did not attend the hearing or seek an adjournment. The tenants have been served notice of the hearing by post to their residential address which is notice in accordance with the Residential Tenancies Act, 1986 (the “RTA”).
- The landlord advised the tenancy is still current. Because the tenant has been served notice of the hearing in accordance with the RTA, I conducted the hearing in the tenants’ absence.
- The landlord has applied for compensation and reimbursement of the filing fee.
How much is owed for water rates?
- The landlord provided water rates invoices which prove the amount owing until 28 January 2026 is $3,492.45.
- The landlord explained that the water rates invoices have been provided to the tenant on a regular basis, as they have been sent by the water provider to the landlord. The tenant has refused to pay the water rates invoices. The amounts being charged to the tenant are for water usage and waste-water usage, and do not include the fixed charges.
- The claim and amount awarded 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.
- 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 said the tenants poured fat down a drain which has blocked the drain and damaged a pump in the drain. The pump has had to be replaced and a call out was required to pump the drain clear.
- The landlord produced an invoice from a company called The Wet Sparky Limited, for $4,030.75. The landlord is claiming half of this amount from the tenant. The landlord produced three photographs which show fat in the drain and the fat being cleared from the drain.
- I determine pouring fat into a drain in this way to be careless damage.
- This claim and the amount awarded are proved.
- The landlord said that in July 2025 the tenant contacted the landlord and requested pest control for cockroaches. The landlord said the tenant agreed to reimburse the landlord for this expense. The landlord organised pest control and the bill was $253.00. The landlord is seeking reimbursement for this amount.
- This claim and the amount ordered are proved..
- Because Kāhui Tū Kaha Limited has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B(1)
Key findings
- Dispute theme: property damage
Property management
- KĀHUI TŪ KAHA LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5423768?
The tribunal order states: Enam Muhammad Waris and Hamidah Begom Binti Saleh Ahmad must pay
How much money was awarded in case 5423768?
Filing Fee: $28.00 awarded to landlord; Pest Control: $253.00 awarded to landlord; Property Damage: $2,015.00 awarded to landlord; Water Rates: $3,492.45 awarded to landlord
What type of tenancy dispute was case 5423768?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5423768?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13098673-Tenancy_Tribunal_Order.pdf.