How much money was awarded in case 4517336?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,620.00 awarded to landlord; Bedroom Door: $563.50 awarded to landlord; Main Door Glass: $390.00 awarded to landlord; Sleepout Door Handle: $57.50 awarded to landlord; Toilet Holder: $149.50 awarded to landlord; Water Rates: $896.29 awarded to landlord

What type of tenancy dispute was case 4517336?

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

Where can I read the official tribunal order for case 4517336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8796509-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4517336?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,620.00 awarded to landlord; Bedroom Door: $563.50 awarded to landlord; Main Door Glass: $390.00 awarded to landlord; Sleepout Door Handle: $57.50 awarded to landlord; Toilet Holder: $149.50 awarded to landlord; Water Rates: $896.29 awarded to landlord

What type of tenancy dispute was case 4517336?

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

Where can I read the official tribunal order for case 4517336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8796509-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4517336 — Rent arrears

Q: What was Tenancy Tribunal case 4517336 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 4517336 — net $5,817.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,620.00	Rent arrears
Water rates	$896.29	Water rates
Repairs: main door glass	$390.00	Repairs: main door glass
Repairs: bedroom door	$563.50	Repairs: bedroom door
Repairs: toilet holder	$149.50	Repairs: toilet holder
Repairs: sleepout door handle	$57.50	Repairs: sleepout door handle
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,817.23
Total payable by Tenant to Landlord	$5,817.23

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

The tenancy of Ruth Uili, Daniel Rangavanu and Benjamin Rangavanu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on Sunday 2 April 2023.

The Bond Centre is to pay the bond of $2,880.00 to [The landlord/s] immediately.

Ruth Uili, Daniel Rangavanu and Benjamin Rangavanu must pay [The landlord/s] $5,817.23 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing today.

The landlord has applied for termination of the tenancy, rent arrears, outgoings, compensation for damage, and refund of the bond. Tenant’s application

The tenant filed a cross-application today. This has not been served on the landlord and has not been scheduled to be heard. I understood the tenant considers the rent exceeds the market rent for a 3-bedroom property and should be reduced. Any such reduction would only apply from the date of the application at the earliest.

I have not addressed the tenant’s application today and do not consider it is appropriate to bring it into account when deciding the landlord’s application. Termination of tenancy

The weekly rent is $875.00. When the application was filed, the rent arrears were $3,120.00. The arrears have increased since then. The last rent payment of $660.00 was made on 24 March 2023. The rent arrears now are equal to more than 7 weeks of rent.

There are water arrears of $896.29. There has been no payment towards water charges since 7 December 2022.

The tenants say they have an appointment with WINZ early next week and anticipate WINZ will be able to pay the rent and water arrears. Of the 3 tenants, one is looking for a job, one is working 30 hours per week, and one starts a new full-time job next week. Once they were all working the tenants would be able to pay off the arrears.

The text messages provided by the landlord suggest that the tenant has been trying to obtain assistance from WINZ since early March. There have been difficulties because WINZ was busy processing applications from those affected by the [weather event]. However, on 2 March 2023, the tenant texted that she was speaking to WINZ tomorrow and the arrears would be sorted out then. We are now at the end of March, and the arrears situation has not been remedied. In my view, it is unclear when WINZ will pay or how much, and the tenants did not propose a plan to pay the arrears if WINZ does not assist.

Section 55 of the Residential Tenancies Act 1986 (the Act) means that the Tribunal must usually make a final termination order or a conditional termination order when the rent is at least 21 days in arrears when the application is made.

The extent of the rent and water arrears in this case means the Tribunal does not have confidence the sums owing will be paid within a short period or that there will not be a further breach of the obligation to pay the rent. In addition, the landlord said she is struggling financially due to the flooding and the need to pay the mortgage on the property.

For these reasons, and acknowledging the regrettable consequences for the tenants, I have concluded that the tenancy must be terminated pursuant to section 55(1)(a) of the Act. 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 (sections 40 and 49B of the Act).

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. The insurance excess for the property is $2,500.00.

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).

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.

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.

The landlord claimed compensation for damage to the main door glass, the main door lock, a bedroom door, a toilet holder and a sleepout door handle.

The tenants say the front door slammed when they were airing the house out and opened the back door, the implication being that this was an accident caused by an unexpected gust. I consider that a reasonably prudent tenant would have ensured the glass door was securely fastened in the open position when ventilating the property. Opening the back door caused a draught and the front door to slam.

The tenants said the knob on the front door lock fell off when they turned it. It is possible this is what happened. The tenants said they told the landlord when the damage occurred, although this was disputed. I decline to award the cost of fixing the lock to the main door ($345.00) on the basis that the tenants did not carelessly or intentionally damage it.

There was damage to the door handle of a bedroom door (the handle had been removed) and a crack in the bottom of the door. Essentially, the tenants said they had to take the handle apart to allow one of the tenants to get out of his room when the handle jammed. They said they also had to push on the door from outside the room (where the damage is visible) to open it, which might be when the damage to the door occurred.

The damage to the bottom of the bedroom door seems consistent with someone kicking the door. I consider the appropriate course of action was for the tenants to speak to the landlord urgently to arrange for a tradesman, and failing that to arrange for a technician themselves, on the basis the matter was serious and urgent (section 45(1)(d) of the Act). I consider a reasonably prudent tenant would not have resorted to damaging the door without having tried alternatives. I award the cost of fixing the bedroom door.

The landlord’s photographs show the toilet roll holder missing, leaving a hole in the wall. The tenants said it was loose and so they removed it. If there was a need for maintenance, the appropriate course was to require the landlord to fix the toilet roll holder. Removing the holder could be viewed as intentional damage. I award the cost of this repair.

The tenants said there was no missing sleepout door handle, but that is contradicted by the landlord’s photograph. The landlord noted the overall pattern of damage to locks at the property and the Tribunal is entitled to infer from this that the damage to the sleepout door handle was not accidental or the result of a failure to maintain.

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

The landlord’s application has succeeded. I must award the filing fee.

The landlord is entitled to suppression as requested.

Order

Claims and awards in Tenancy Tribunal application 4517336 — net $5,817.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,620.00	Rent arrears
Water rates	$896.29	Water rates
Repairs: main door glass	$390.00	Repairs: main door glass
Repairs: bedroom door	$563.50	Repairs: bedroom door
Repairs: toilet holder	$149.50	Repairs: toilet holder
Repairs: sleepout door handle	$57.50	Repairs: sleepout door handle
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,817.23
Total payable by Tenant to Landlord	$5,817.23