What was the outcome of Tenancy Tribunal case 4627392?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4627392?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $299.56 awarded to landlord; Garage Door: $370.30 awarded to landlord

What type of tenancy dispute was case 4627392?

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

Where can I read the official tribunal order for case 4627392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9255632-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627392?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4627392?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $299.56 awarded to landlord; Garage Door: $370.30 awarded to landlord

What type of tenancy dispute was case 4627392?

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

Where can I read the official tribunal order for case 4627392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9255632-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 208 Grimseys Road, Redwood, Christchurch Tenancy Tribunal Case 4627392 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1, 208 Grimseys Road, Redwood, Christchurch Tenancy Tribunal Case 4627392 — 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 4627392 — net $690.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 August 2023	$299.56	Rent arrears (to 3 August 2023
Repairs: Garage Door	$370.30	Repairs: Garage Door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$690.30
Total payable by Tenant to Landlord	$690.30

Claims and awards for application 4627392 — net $690.30 NZD. Verify on MoJ.

Rent arrears (to 3 August 2023

Amount: $299.56
Awarded to: Landlord
Reason: Rent arrears (to 3 August 2023

Repairs: Garage Door

Amount: $370.30
Awarded to: Landlord
Reason: Repairs: Garage Door

Filing fee reimbursement

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

Net award

Landlord $690.30

Total payable by Tenant to Landlord

Landlord $690.30

Dismissed claims

Change Of Tenant Administration Fees

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Brooke McLachlan must pay Irelands Real Estate Limited $690.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 3 August 2023)$299.56 Repairs: Garage Door$370.30 Filing fee reimbursement$20.44 Total award$690.30 Total payable by Tenant to Landlord$690.30
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The landlord provided rent records which prove the amount of $299.56 owing as at 3 August 2023.
Rent arrears are accruing because the tenant has not changed her rent payments following a valid notice to increase the rent to $490 per week. The increase took effect on 5 May 2023.

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 reimbursement for a garage door repair and window repair. The landlord provided evidence showing that the tenant accepted the claim and cost of the garage door repair. I award the amount claimed of $370.30.
The landlord also claimed $215.00 for a window repair. The correspondence around that issue was dated November 2021 and was between the property owner and the tenant. The window replacement charge then appears in the property manager’s ledger 6 months later, in May 2022. On balance, the landlord has not provided sufficient evidence to establish a claim for the window.
The landlord also claimed an administration fee for removing a tenant from the tenancy. There were initially two tenants on this periodic tenancy. The other tenant asked to be removed and that request was actioned. No evidence was presented to me, confirming that Ms McLachlan requested the change or agreed to meet any costs associated with it. On the evidence presented, this does not appear to be a situation to which s44A RTA applies. The claim for change of tenant administration fees is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the filing fee.

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 4627392 — net $690.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 August 2023	$299.56	Rent arrears (to 3 August 2023
Repairs: Garage Door	$370.30	Repairs: Garage Door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$690.30
Total payable by Tenant to Landlord	$690.30

Claims and awards for application 4627392 — net $690.30 NZD. Verify on MoJ.

Rent arrears (to 3 August 2023

Amount: $299.56
Awarded to: Landlord
Reason: Rent arrears (to 3 August 2023

Repairs: Garage Door

Amount: $370.30
Awarded to: Landlord
Reason: Repairs: Garage Door

Filing fee reimbursement

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

Net award

Landlord $690.30

Total payable by Tenant to Landlord

Landlord $690.30

Dismissed claims

Change Of Tenant Administration Fees

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Brooke McLachlan must pay Irelands Real Estate Limited $690.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 3 August 2023)$299.56 Repairs: Garage Door$370.30 Filing fee reimbursement$20.44 Total award$690.30 Total payable by Tenant to Landlord$690.30
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The landlord provided rent records which prove the amount of $299.56 owing as at 3 August 2023.
Rent arrears are accruing because the tenant has not changed her rent payments following a valid notice to increase the rent to $490 per week. The increase took effect on 5 May 2023.

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 reimbursement for a garage door repair and window repair. The landlord provided evidence showing that the tenant accepted the claim and cost of the garage door repair. I award the amount claimed of $370.30.
The landlord also claimed $215.00 for a window repair. The correspondence around that issue was dated November 2021 and was between the property owner and the tenant. The window replacement charge then appears in the property manager’s ledger 6 months later, in May 2022. On balance, the landlord has not provided sufficient evidence to establish a claim for the window.
The landlord also claimed an administration fee for removing a tenant from the tenancy. There were initially two tenants on this periodic tenancy. The other tenant asked to be removed and that request was actioned. No evidence was presented to me, confirming that Ms McLachlan requested the change or agreed to meet any costs associated with it. On the evidence presented, this does not appear to be a situation to which s44A RTA applies. The claim for change of tenant administration fees is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4627392 — Property damage at Unit/Flat 1, 208 Grimseys Road, Redwood, Christchurch

At a glance

Tenancy Tribunal case 4627392 — Property damage at Unit/Flat 1, 208 Grimseys Road, Redwood, Christchurch

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

Property management

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

Property management

Frequently asked questions