What was Tenancy Tribunal case 4575886 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 4575886?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4405381 D…: $517.58 awarded to landlord; Property Damage: $210.00 awarded to landlord; Bedroom Walls: $73.25 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4575886?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4575886?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414667-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4575886 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 4575886?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4405381 D…: $517.58 awarded to landlord; Property Damage: $210.00 awarded to landlord; Bedroom Walls: $73.25 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4575886?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4575886?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414667-Tribunal_Order_Redacted.pdf.

Room 5, 218 Manly Street, Paraparaumu Beach, Tenancy Tribunal Case 4575886 — Property damage

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Room 5, 218 Manly Street, Paraparaumu Beach, Tenancy Tribunal Case 4575886 — 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 4575886 — net $971.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4405381 dated 05/10/2022	$517.58	Previous order application 4405381 dated 05/10/2022
Rubbish removal	$150.00	Rubbish removal
Window repairs	$210.00	Window repairs
Repairs: bedroom walls	$73.25	Repairs: bedroom walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$971.27
Total payable by Tenant to Landlord	$971.27

Claims and awards for application 4575886 — net $971.27 NZD. Verify on MoJ.

Previous order application 4405381 dated 05/10/2022

Amount: $517.58
Awarded to: Landlord
Reason: Previous order application 4405381 dated 05/10/2022

Rubbish removal

Amount: $150.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $210.00
Awarded to: Landlord
Reason: Window repairs

Repairs: bedroom walls

Amount: $73.25
Awarded to: Landlord
Reason: Repairs: bedroom walls

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
[The tenant/s] must pay [The landlord/s] $971.27 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 5 October 2022 under application 4405381.

Reasons

The landlord attended the hearing by teleconference. The Tribunal contacted the tenant on the telephone numbers provided for him in the application. One number was discontinued. The second number was valid, but all calls diverted to voice message. I am satisfied that the tenant received notice of the hearing and did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 (RTA).
The tenant did not remove all belongings and rubbish at the end of the tenancy.
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 careless and is not covered by the landlord's insurance (which is the case here), the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
The following damage was caused during the tenancy: broken window and damage to bedroom walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
On 5 October 2022 the Tribunal made an order relating to this tenancy, for termination, rent arrears and refund of the bond. The previous order is incorporated into this order for enforcement purposes.
The landlord has succeeded with its application and is entitled to suppression of its name and identifying details. In the previous application before the Tribunal, the landlord requested that the tenant’s name and identifying details be suppressed on the basis that the tenant is in a vulnerable position regarding health and publication of his name would be detrimental. I consider suppression of the tenant’s name is also appropriate in the circumstances regarding this application. K Stirling, 14 September 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 4575886 — net $971.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4405381 dated 05/10/2022	$517.58	Previous order application 4405381 dated 05/10/2022
Rubbish removal	$150.00	Rubbish removal
Window repairs	$210.00	Window repairs
Repairs: bedroom walls	$73.25	Repairs: bedroom walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$971.27
Total payable by Tenant to Landlord	$971.27

Claims and awards for application 4575886 — net $971.27 NZD. Verify on MoJ.

Previous order application 4405381 dated 05/10/2022

Amount: $517.58
Awarded to: Landlord
Reason: Previous order application 4405381 dated 05/10/2022

Rubbish removal

Amount: $150.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $210.00
Awarded to: Landlord
Reason: Window repairs

Repairs: bedroom walls

Amount: $73.25
Awarded to: Landlord
Reason: Repairs: bedroom walls

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
[The tenant/s] must pay [The landlord/s] $971.27 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 5 October 2022 under application 4405381.

Reasons

The landlord attended the hearing by teleconference. The Tribunal contacted the tenant on the telephone numbers provided for him in the application. One number was discontinued. The second number was valid, but all calls diverted to voice message. I am satisfied that the tenant received notice of the hearing and did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 (RTA).
The tenant did not remove all belongings and rubbish at the end of the tenancy.
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 careless and is not covered by the landlord's insurance (which is the case here), the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
The following damage was caused during the tenancy: broken window and damage to bedroom walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
On 5 October 2022 the Tribunal made an order relating to this tenancy, for termination, rent arrears and refund of the bond. The previous order is incorporated into this order for enforcement purposes.
The landlord has succeeded with its application and is entitled to suppression of its name and identifying details. In the previous application before the Tribunal, the landlord requested that the tenant’s name and identifying details be suppressed on the basis that the tenant is in a vulnerable position regarding health and publication of his name would be detrimental. I consider suppression of the tenant’s name is also appropriate in the circumstances regarding this application. K Stirling, 14 September 2023

Tenancy Tribunal case 4575886 — Property damage at Room 5, 218 Manly Street, Paraparaumu Beach,

At a glance

Tenancy Tribunal case 4575886 — Property damage at Room 5, 218 Manly Street, Paraparaumu Beach,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions