What was Tenancy Tribunal case 4614116 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 4614116?

Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $553.12 awarded to landlord; Rent Arrears: $605.00 awarded to landlord

What type of tenancy dispute was case 4614116?

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

Where can I read the official tribunal order for case 4614116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9336069-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4614116 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 4614116?

Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $553.12 awarded to landlord; Rent Arrears: $605.00 awarded to landlord

What type of tenancy dispute was case 4614116?

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

Where can I read the official tribunal order for case 4614116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9336069-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4614116 — Rent arrears

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New Zealand Tenancy Tribunal Case 4614116 — Rent arrears | 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 4614116 — net $1,378.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$605.00	Rent arrears
Lock/key replacement	$553.12	Lock/key replacement
Eviction Fee	$200.00	Eviction Fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,378.56
Total payable by Tenant to Landlord	$1,378.56

Claims and awards for application 4614116 — net $1,378.56 NZD. Verify on MoJ.

Rent arrears

Amount: $605.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $553.12
Awarded to: Landlord
Reason: Lock/key replacement

Eviction Fee

Amount: $200.00
Awarded to: Landlord
Reason: Eviction Fee

Filing fee reimbursement

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

Net award

Landlord $1,378.56

Total payable by Tenant to Landlord

Landlord $1,378.56

Dismissed claims

Lock Charges — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Delwyn Jarden must pay [The landlord/s] $1,378.56 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$605.00 Lock/key replacement$553.12 Eviction Fee$200.00 Filing fee reimbursement$20.44 Total award$1,378.56 Total payable by Tenant to Landlord$1,378.56
The landlord’s other claims are dismissed

Reasons

Both parties attended the hearing.
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 by Order of the Tribunal, but Ms Jarden did not provide vacant possession of the premises.
The landlord said that he had to engage the bailiff to take possession and then a locksmith to secure the property. Ms Jarden acknowledged that she re- entered the premises with the assistance of a locksmith after the locks had been changed by the landlord. She said that was because the landlord would not allow access for her to remove her belongings.
The landlord has established that it did not obtain vacant possession of the premises until 15 June 2023. It is entitled to rent to that date. The landlord provided rent records which prove the amount owing.
Ms Jarden also disputed the rent owing because of concerns with the condition of the property at the start of the tenancy. If Ms Jarden has a claim she would like dealt with, she can make an application and prove her claims in the usual way.
As Ms Jarden did not vacate the premises at the end of the tenancy, the landlord is entitled to reimbursement of the bailiff eviction fee of $200. The landlord is also entitled to recover locksmith costs following the re-entry by the bailiff.
The landlord claimed two locksmith invoices. One of $372.12 for costs following the bailiff. That invoice is awarded in full. The second invoice of $406.00 was for costs after Ms Jarden regained entry. However, that invoice includes a cost of $195 + GST for a Ranch slider lock. The first invoice noted that the ranch slider lock was “fiddly” and would benefit from replacement. The landlord did not establish that the replacement lock cost was incurred because of a breach by the tenant. I have awarded a total sum of $553.12 for locksmith charges. The rest of the claim for lock charges is dismissed.

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.
The landlord claimed that a fire door was damaged during the tenancy and required replacement. The landlord provided an invoice from his company for repair costs of $300 but did not provide any evidence of the damage. The tenant said that there was a crack in the fire door, and she advised the landlord when it occurred. She did not know how it occurred. The landlord claims that the tenant must have caused the crack as these things don’t just happen. The landlord has not proved this aspect of its claim to the required civil standard. The claim is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the filing fee and granted the landlord’s request for suppression of its details.

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 4614116 — net $1,378.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$605.00	Rent arrears
Lock/key replacement	$553.12	Lock/key replacement
Eviction Fee	$200.00	Eviction Fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,378.56
Total payable by Tenant to Landlord	$1,378.56

Claims and awards for application 4614116 — net $1,378.56 NZD. Verify on MoJ.

Rent arrears

Amount: $605.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $553.12
Awarded to: Landlord
Reason: Lock/key replacement

Eviction Fee

Amount: $200.00
Awarded to: Landlord
Reason: Eviction Fee

Filing fee reimbursement

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

Net award

Landlord $1,378.56

Total payable by Tenant to Landlord

Landlord $1,378.56

Dismissed claims

Lock Charges — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Delwyn Jarden must pay [The landlord/s] $1,378.56 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$605.00 Lock/key replacement$553.12 Eviction Fee$200.00 Filing fee reimbursement$20.44 Total award$1,378.56 Total payable by Tenant to Landlord$1,378.56
The landlord’s other claims are dismissed

Reasons

Both parties attended the hearing.
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 by Order of the Tribunal, but Ms Jarden did not provide vacant possession of the premises.
The landlord said that he had to engage the bailiff to take possession and then a locksmith to secure the property. Ms Jarden acknowledged that she re- entered the premises with the assistance of a locksmith after the locks had been changed by the landlord. She said that was because the landlord would not allow access for her to remove her belongings.
The landlord has established that it did not obtain vacant possession of the premises until 15 June 2023. It is entitled to rent to that date. The landlord provided rent records which prove the amount owing.
Ms Jarden also disputed the rent owing because of concerns with the condition of the property at the start of the tenancy. If Ms Jarden has a claim she would like dealt with, she can make an application and prove her claims in the usual way.
As Ms Jarden did not vacate the premises at the end of the tenancy, the landlord is entitled to reimbursement of the bailiff eviction fee of $200. The landlord is also entitled to recover locksmith costs following the re-entry by the bailiff.
The landlord claimed two locksmith invoices. One of $372.12 for costs following the bailiff. That invoice is awarded in full. The second invoice of $406.00 was for costs after Ms Jarden regained entry. However, that invoice includes a cost of $195 + GST for a Ranch slider lock. The first invoice noted that the ranch slider lock was “fiddly” and would benefit from replacement. The landlord did not establish that the replacement lock cost was incurred because of a breach by the tenant. I have awarded a total sum of $553.12 for locksmith charges. The rest of the claim for lock charges is dismissed.

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.
The landlord claimed that a fire door was damaged during the tenancy and required replacement. The landlord provided an invoice from his company for repair costs of $300 but did not provide any evidence of the damage. The tenant said that there was a crack in the fire door, and she advised the landlord when it occurred. She did not know how it occurred. The landlord claims that the tenant must have caused the crack as these things don’t just happen. The landlord has not proved this aspect of its claim to the required civil standard. The claim is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the filing fee and granted the landlord’s request for suppression of its details.

Tenancy Tribunal case 4614116 — Rent arrears

At a glance

Tenancy Tribunal case 4614116 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions