What was Tenancy Tribunal case 4597232 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,516.94 immediately, calculated as

How much money was awarded in case 4597232?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $54.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $2,340.00 awarded to landlord; Door: $320.00 awarded to landlord; Wall Hole: $100.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4597232?

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

Where can I read the official tribunal order for case 4597232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9756232-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4597232 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,516.94 immediately, calculated as

How much money was awarded in case 4597232?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $54.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Arrears: $2,340.00 awarded to landlord; Door: $320.00 awarded to landlord; Wall Hole: $100.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4597232?

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

Where can I read the official tribunal order for case 4597232?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9756232-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4597232 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4597232 — net $1,516.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,340.00	Rent arrears
Lock/key replacement	$200.00	Lock/key replacement
Rubbish removal	$250.00	Rubbish removal
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: Door	$320.00	Repairs: Door
Repairs: Wall hole	$100.00	Repairs: Wall hole
Light replacement	$54.00	Light replacement
Window repairs	$172.50	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,516.94
Total payable by Tenant to Landlord	$1,516.94

The landlord attended the hearing. The tenant, [Tenant 1] attended the hearing. The tenant, [Tenant 2] did not attend the hearing. [Tenant 1] did not have authority to represent [Tenant 2].

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was for a fixed term due to end on 4 June 2023. The tenants had asked to end the tenancy early and the landlord arranged for a new tenancy which began on 20 May 2023. Withdrawal due to family violence

At the hearing [Tenant 1] relied on section 56B residential Tenancies Act 1986 which provides that a tenant under a fixed term or periodic tenancy may withdraw from the tenancy by giving at least two-days’ notice.

Section 56B(1) requires that the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises and the notice is in the approved form and included the prescribed information.

The tenant served notice on the landlord on 2 March 2023. The notice was in the approved form and advised that she would vacate on 5 March 2023.

At the hearing it appeared that the tenant complied with section 56B, however after further consideration of the evidence submitted it was clear that she did not comply with section 56B(1)(a) in respect of the qualifying evidence.

The notice served on the landlord by the tenant included a Police acknowledgement form recording a family harm investigation from 20 October 2022. That family harm was more than four months prior to the notice given.

Regulation 9, Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022 states: “The types of qualifying evidence for the purposes of paragraph (b) of the definition of that term in section 56B(8) of the Act are all or any of the following: (a) a written statement from a person referred to in any of paragraphs (b) to (u) of regulation 8 stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises: (b) the first page of a protection order within the meaning of section 8 of the Family Violence Act 2018 if the withdrawing tenant is the protected person and either— (i)the protection order was issued while they were a tenant of the premises and is still in force; or (ii)the protection order was issued before they were a tenant of the premises but is accompanied by a written statement from the withdrawing tenant that they have been a victim of family violence while they were a tenant of the premises: (c) a Police safety order issued under Part 3 of the Family Violence Act 2018 if the withdrawing tenant is the person at risk (within the meaning of section 27 of that Act) and the Police safety order was issued while they were a tenant of the premises: (d) a charging document under section 14 of the Criminal Procedure Act 2011 relating to family violence against the withdrawing tenant while they were a tenant of the premises.

The tenant did not provide any qualifying evidence that complies with the Regulations. I note that the approved form has a section setting out the types of supporting evidence, one of which must be attached.

At the hearing the landlord said that she had asked the tenant for evidence but did not receive any. At the hearing the tenant referred to a Police Safety Order but no document relating to this was provided to either the landlord or the Tribunal for the hearing.

Therefore, as the tenant has not complied with the legislation, she cannot rely on her assertion that she withdrew from the tenancy due to family violence in March 2023.

How much is owed for rent?

As the tenancy was for a fixed term the tenants are liable for the rent up to the end of the fixed term or the date before a new tenancy commences.

The landlord secured a new tenancy which commenced on 20 May 2023, so the tenants are liable for rent arrears up to 19 May 2023.

At the hearing the landlord advised that she had received an insurance payment toward the rent arrears. The balance owed by the tenants is $2,340.00.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: damaged door, wall hole and broken light fitting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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. Filing fee and suppression

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress her name.

I consider it appropriate to suppress the name of the tenant, [Tenant 1]. Even though she was not successful in relying on section 56B, I consider it appropriate as she has been the victim of family violence by the other tenant.

Reasons

Claims and awards in Tenancy Tribunal application 4597232 — net $1,516.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,340.00	Rent arrears
Lock/key replacement	$200.00	Lock/key replacement
Rubbish removal	$250.00	Rubbish removal
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: Door	$320.00	Repairs: Door
Repairs: Wall hole	$100.00	Repairs: Wall hole
Light replacement	$54.00	Light replacement
Window repairs	$172.50	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,516.94
Total payable by Tenant to Landlord	$1,516.94

The landlord attended the hearing. The tenant, [Tenant 1] attended the hearing. The tenant, [Tenant 2] did not attend the hearing. [Tenant 1] did not have authority to represent [Tenant 2].

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant served notice on the landlord on 2 March 2023. The notice was in the approved form and advised that she would vacate on 5 March 2023.

Therefore, as the tenant has not complied with the legislation, she cannot rely on her assertion that she withdrew from the tenancy due to family violence in March 2023.

How much is owed for rent?

As the tenancy was for a fixed term the tenants are liable for the rent up to the end of the fixed term or the date before a new tenancy commences.

The landlord secured a new tenancy which commenced on 20 May 2023, so the tenants are liable for rent arrears up to 19 May 2023.

At the hearing the landlord advised that she had received an insurance payment toward the rent arrears. The balance owed by the tenants is $2,340.00.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress her name.

Tenancy Tribunal case 4597232 — Rent arrears

At a glance

Tenancy Tribunal case 4597232 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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