What was the outcome of Tenancy Tribunal case 4598713?

The tribunal order states: Raven Farrell must pay Onehome Property Management Limited As Agent For

How much money was awarded in case 4598713?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $13,243.00 awarded to landlord

What type of tenancy dispute was case 4598713?

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

Where can I read the official tribunal order for case 4598713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9678918-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4598713?

The tribunal order states: Raven Farrell must pay Onehome Property Management Limited As Agent For

How much money was awarded in case 4598713?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $13,243.00 awarded to landlord

What type of tenancy dispute was case 4598713?

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

Where can I read the official tribunal order for case 4598713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9678918-Tenancy_Tribunal_Order.pdf.

16 Tennessee Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4598713 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4598713 — net $13,763.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06/05/2023	$13,243.00	Rent arrears to 06/05/2023
Compensation for damages	$500.00	Compensation for damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,763.44
Total payable by Tenant to Landlord	$13,763.44

A hearing was held on 6 October 2023 by teleconference. Both parties attended.

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

How much is owed for rent?

The tenancy ended on 6 May 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord has claimed $1,987.50 as compensation for damages. The landlord relies on a quote from Boyua Investments Limited listing the following repairs and maintenance: change bathroom lock, repair bathroom ceiling, change toilet seat, put new lock on front screen door, replace internal door In dining room, change dining power switch, change bedroom 4 light with new bulb, change toilet seat in main bathroom, change power switch in bedroom 3, and repair door in bedroom 3.

The tenant agreed by consent to all the damages claimed except for the claim concerning the repair of the ceiling. The tenant gave evidence that there had been a leak and despite requesting that the landlord look into it nothing was done. She said the ceiling eventually collapsed and stayed that way until she vacated. She does not believe that she is liable for the cost of repair for the ceiling. I accept the tenant’s evidence.

The hearing was briefly adjourned for the landlord to provide a breakdown of the quote submitted. To date, no further information has been presented by the landlord.

In the circumstances, without a break down for the quote, I allow $500.00 towards the landlord’s claim for damages.

As the landlord has substantially succeeded with the claim, I have ordered reimbursement of the filing fee.

The landlord requested a suppression order, but it has not been wholly successful with the claims therefore the landlord is not entitled to a suppression order and no suppression orders apply around publication of this decision.

Claims and awards in Tenancy Tribunal application 4598713 — net $13,763.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06/05/2023	$13,243.00	Rent arrears to 06/05/2023
Compensation for damages	$500.00	Compensation for damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,763.44
Total payable by Tenant to Landlord	$13,763.44

Order

Raven Farrell must pay Onehome Property Management Limited As Agent For Safia Bibi $13,763.44 immediately, calculated as shown in the table below.

Reasons

A hearing was held on 6 October 2023 by teleconference. Both parties attended.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 May 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord has claimed $1,987.50 as compensation for damages. The landlord relies on a quote from Boyua Investments Limited listing the following repairs and maintenance: change bathroom lock, repair bathroom ceiling, change toilet seat, put new lock on front screen door, replace internal door In dining room, change dining power switch, change bedroom 4 light with new bulb, change toilet seat in main bathroom, change power switch in bedroom 3, and repair door in bedroom 3.
The tenant agreed by consent to all the damages claimed except for the claim concerning the repair of the ceiling. The tenant gave evidence that there had been a leak and despite requesting that the landlord look into it nothing was done. She said the ceiling eventually collapsed and stayed that way until she vacated. She does not believe that she is liable for the cost of repair for the ceiling. I accept the tenant’s evidence.
The hearing was briefly adjourned for the landlord to provide a breakdown of the quote submitted. To date, no further information has been presented by the landlord.
In the circumstances, without a break down for the quote, I allow $500.00 towards the landlord’s claim for damages.
As the landlord has substantially succeeded with the claim, I have ordered reimbursement of the filing fee.
The landlord requested a suppression order, but it has not been wholly successful with the claims therefore the landlord is not entitled to a suppression order and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4598713 — Rent arrears at 16 Tennessee Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4598713 — Rent arrears at 16 Tennessee Avenue, Mangere East, Auckland 2024

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

Property management

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

Property management

Frequently asked questions