What was Tenancy Tribunal case 4567589 about?

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

How much money was awarded in case 4567589?

Filing Fee: $20.44 awarded to tenant; Property Damage: $180.00 awarded to tenant

What type of tenancy dispute was case 4567589?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4567589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9166985-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4567589 about?

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

How much money was awarded in case 4567589?

Filing Fee: $20.44 awarded to tenant; Property Damage: $180.00 awarded to tenant

What type of tenancy dispute was case 4567589?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4567589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9166985-Tribunal_Order_Redacted.pdf.

12A Waverley Avenue, Glenfield, Auckland 0629 Tenancy Tribunal Case 4567589 — Property damage

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12A Waverley Avenue, Glenfield, Auckland 0629 Tenancy Tribunal Case 4567589 — 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 4567589 — net $200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Lock replacement	$180.00	Lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$200.44
Total payable by Landlord to Tenant	$200.44

Claims and awards for application 4567589 — net $200.44 NZD. Verify on MoJ.

Lock replacement

Amount: $180.00
Awarded to: Tenant
Reason: Lock replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $200.44

Total payable by Landlord to Tenant

Tenant $200.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
Andy Saputra must pay [The tenant/s] $200.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The tenant has applied to the Tribunal making a claim for compensation for the cost of a replacement lock and reimbursement of the filing fee.
It was established at today’s hearing that on 1 May 2023 the tenant was unable to access his room because the door lock had broken. He contacted the landlord advising that he needed to get into his room because all of his belongings were in there. The landlord tried to get his handyman to come to fix the door lock but given that it was after hours he could not get hold of him. He advised the tenant that the handyman would come first thing in the morning. However, given that it was obvious that the tenant needed access to the room that night, the tenant arranged for a locksmith to attend that evening and fix the lock. The tenant now seeks reimbursement of the $180.00 he paid for that service.
Section 45(1)(b) of the Residential Tenancies Act 1986 provides that a landlord must keep the premises in a reasonable state of repair. The tenant is also entitled to occupation of a space that he has rented from the landlord.
At today’s hearing the landlord stated that he did not want to pay for the locksmith because the lock had not broken before, the tenant was able to get into his room before this incident on that day, the lock was only 2-3 months old when the tenant commenced the tenancy, and because this incident happened after hours.
However, a landlord has an absolute duty to keep premises in a reasonable state of repair and a tenant has a right to occupy the room that he has paid for. The facts are that the lock broke and the tenant needed access. The landlord is therefore under an obligation to pay to arrange for that to happen, regardless of the time of day, or whether the tenant had been able to access the room that day, or how new the existing lock was.
I am therefore ordering the landlord to reimburse the cost of the locksmith to the tenant.
Further to this, because [The tenant/s] has wholly succeeded with the claim I must order the landlord to reimburse him the filing fee.
The tenant has applied for suppression of his name and I am doing so, also because he was wholly successful in the claim – see s95A(3) Residential Tenancies Act 1986.
I am not suppressing the landlord’s name because he did not apply for it, and I am not electing to do so on my own initiative. C ter Haar 11 July 2023

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 4567589 — net $200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Lock replacement	$180.00	Lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$200.44
Total payable by Landlord to Tenant	$200.44

Claims and awards for application 4567589 — net $200.44 NZD. Verify on MoJ.

Lock replacement

Amount: $180.00
Awarded to: Tenant
Reason: Lock replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $200.44

Total payable by Landlord to Tenant

Tenant $200.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
Andy Saputra must pay [The tenant/s] $200.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The tenant has applied to the Tribunal making a claim for compensation for the cost of a replacement lock and reimbursement of the filing fee.
It was established at today’s hearing that on 1 May 2023 the tenant was unable to access his room because the door lock had broken. He contacted the landlord advising that he needed to get into his room because all of his belongings were in there. The landlord tried to get his handyman to come to fix the door lock but given that it was after hours he could not get hold of him. He advised the tenant that the handyman would come first thing in the morning. However, given that it was obvious that the tenant needed access to the room that night, the tenant arranged for a locksmith to attend that evening and fix the lock. The tenant now seeks reimbursement of the $180.00 he paid for that service.
Section 45(1)(b) of the Residential Tenancies Act 1986 provides that a landlord must keep the premises in a reasonable state of repair. The tenant is also entitled to occupation of a space that he has rented from the landlord.
At today’s hearing the landlord stated that he did not want to pay for the locksmith because the lock had not broken before, the tenant was able to get into his room before this incident on that day, the lock was only 2-3 months old when the tenant commenced the tenancy, and because this incident happened after hours.
However, a landlord has an absolute duty to keep premises in a reasonable state of repair and a tenant has a right to occupy the room that he has paid for. The facts are that the lock broke and the tenant needed access. The landlord is therefore under an obligation to pay to arrange for that to happen, regardless of the time of day, or whether the tenant had been able to access the room that day, or how new the existing lock was.
I am therefore ordering the landlord to reimburse the cost of the locksmith to the tenant.
Further to this, because [The tenant/s] has wholly succeeded with the claim I must order the landlord to reimburse him the filing fee.
The tenant has applied for suppression of his name and I am doing so, also because he was wholly successful in the claim – see s95A(3) Residential Tenancies Act 1986.
I am not suppressing the landlord’s name because he did not apply for it, and I am not electing to do so on my own initiative. C ter Haar 11 July 2023

Tenancy Tribunal case 4567589 — Property damage at 12A Waverley Avenue, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4567589 — Property damage at 12A Waverley Avenue, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions