What was the outcome of Tenancy Tribunal case 4635775?

The tribunal order states: Angelina McKnight to pay Adri Maria van Lith $510.44 from the bond, calculated

How much money was awarded in case 4635775?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $490.00 awarded to landlord

What type of tenancy dispute was case 4635775?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635775?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9600971-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635775?

The tribunal order states: Angelina McKnight to pay Adri Maria van Lith $510.44 from the bond, calculated

How much money was awarded in case 4635775?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $490.00 awarded to landlord

What type of tenancy dispute was case 4635775?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635775?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9600971-Tenancy_Tribunal_Order.pdf.

13A Richmond Road, Pohara, RD 1, Takaka 7183, TinAarki Tenancy Tribunal Case 4635775 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4635775 — net $510.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$490.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$510.44
Bond	$1,960.00
Total payable by Tenant to Landlord	$510.44

The landlord attended the hearing by telephone. The tenant was called twice on the phone number provided but did not answer. I am satisfied that they had received a notice of hearing and were informed of the hearing today. The hearing continued in their absence.

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 landlord said that she was not feeling well and her documentation was not with her. She was offered the option of applying for an adjournment. She declined and the hearing continued.

How much is owed for rent?

The tenancy began on 26 May 2023 and ended when the tenant gave notice. An email dated 16 June 2023 from the tenant states that she is ‘handing in her notice and will be out by 1July’. The landlord stated in the hearing that this is not the required 28 days as required by the Residential Tenancies Act 1986 and sought rent to cover 28 days taking the end of the tenancy to 14 July 2023.

The landlord provided rent records which prove the amount owing at the end of the tenancy on this date. The amount claimed for rent arrears is awarded.

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 failed to establish that the damages by the window and claimed damage to the floor occurred during the tenancy.

Further information was forwarded to the Tribunal containing emails, photographs and reports.

There was no pre-inspection report available establishing that the damages were not there at the start of the tenancy. There was no evidence of damage to the floor. There was no invoice for the work claimed to have been completed on the window.

There was not enough evidence provided establishing these claims and they are dismissed.

Because Adri Maria van Lith has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4635775 — net $510.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$490.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$510.44
Bond	$1,960.00
Total payable by Tenant to Landlord	$510.44

Order

Angelina McKnight to pay Adri Maria van Lith $510.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (61999623052) immediately apportioned as follows: Adri Maria van Lith: $510.44 Angelina McKnight: $1,449.56
The rest of the claims are dismissed.

Reasons

The landlord attended the hearing by telephone. The tenant was called twice on the phone number provided but did not answer. I am satisfied that they had received a notice of hearing and were informed of the hearing today. The hearing continued in their absence.
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 landlord said that she was not feeling well and her documentation was not with her. She was offered the option of applying for an adjournment. She declined and the hearing continued.

How much is owed for rent?

The tenancy began on 26 May 2023 and ended when the tenant gave notice. An email dated 16 June 2023 from the tenant states that she is ‘handing in her notice and will be out by 1July’. The landlord stated in the hearing that this is not the required 28 days as required by the Residential Tenancies Act 1986 and sought rent to cover 28 days taking the end of the tenancy to 14 July 2023.
The landlord provided rent records which prove the amount owing at the end of the tenancy on this date. The amount claimed for rent arrears is awarded.

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 failed to establish that the damages by the window and claimed damage to the floor occurred during the tenancy.
Further information was forwarded to the Tribunal containing emails, photographs and reports.
There was no pre-inspection report available establishing that the damages were not there at the start of the tenancy. There was no evidence of damage to the floor. There was no invoice for the work claimed to have been completed on the window.
There was not enough evidence provided establishing these claims and they are dismissed.
Because Adri Maria van Lith has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4635775 — Rent arrears at 13A Richmond Road, Pohara, RD 1, Takaka 7183, TinAarki

At a glance

Tenancy Tribunal case 4635775 — Rent arrears at 13A Richmond Road, Pohara, RD 1, Takaka 7183, TinAarki

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

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

Frequently asked questions