How much money was awarded in case 4510989?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rent Arrears: $1,542.86 awarded to landlord

What type of tenancy dispute was case 4510989?

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

Where can I read the official tribunal order for case 4510989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322841-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4510989?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Rent Arrears: $1,542.86 awarded to landlord

What type of tenancy dispute was case 4510989?

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

Where can I read the official tribunal order for case 4510989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322841-Tribunal_Order_Redacted.pdf.

19 Downing Street, Glenfield, Auckland 0629 Tenancy Tribunal Case 4510989 — Rent arrears

Q: What was Tenancy Tribunal case 4510989 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4510989 — net $2,087.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,542.86	Rent arrears
Repairs	$1,380.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,087.14
Total payable by Tenant to Landlord	$2,087.14

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Desmond Thomas Lavery and Menetta Lavery must pay [The landlord/s] $2,087.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $856.16 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended 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?

The tenancy ended on 6 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,542.86.

The tenancy had earlier been terminated by Tribunal order and a partial release of the bond made at that time for rent arrears as at 25 December 2022. The balance of the bond was retained and is released per this order.

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 following damage was caused during the tenancy:

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The sleepout ranch slider glass was broken. Two panes required replacement and repairs to the door roller made. The landlord provided ingoing and exit photos as well as an invoice for the replacement of the glass and repair of the door at a cost of $1150.00.

One bedroom door handle was broken and needed replacing as well as repairs to the door handle hole. An invoice for $230.00 was produced and the need supported by a photo.

The amounts ordered are proved.

I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As the landlord has been wholly successful it is appropriate to order suppression as requested.

Order

Claims and awards in Tenancy Tribunal application 4510989 — net $2,087.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,542.86	Rent arrears
Repairs	$1,380.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,087.14
Total payable by Tenant to Landlord	$2,087.14

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Desmond Thomas Lavery and Menetta Lavery must pay [The landlord/s] $2,087.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $856.16 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended 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?

The tenancy ended on 6 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,542.86.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy:

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

One bedroom door handle was broken and needed replacing as well as repairs to the door handle hole. An invoice for $230.00 was produced and the need supported by a photo.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord requested suppression in its application. As the landlord has been wholly successful it is appropriate to order suppression as requested.

Tenancy Tribunal case 4510989 — Rent arrears at 19 Downing Street, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4510989 — Rent arrears at 19 Downing Street, Glenfield, Auckland 0629

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