What was the outcome of Tenancy Tribunal case 4636650?

The tribunal order states: Kiri Robb must pay Boutique Rentals Bop Limited $2,370.85 immediately,

How much money was awarded in case 4636650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,704.41 awarded to landlord; Property Damage: $450.00 awarded to landlord; Replaced Bathroom Vanity: $100.00 awarded to landlord

What type of tenancy dispute was case 4636650?

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

Where can I read the official tribunal order for case 4636650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9660267-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4636650?

The tribunal order states: Kiri Robb must pay Boutique Rentals Bop Limited $2,370.85 immediately,

How much money was awarded in case 4636650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,704.41 awarded to landlord; Property Damage: $450.00 awarded to landlord; Replaced Bathroom Vanity: $100.00 awarded to landlord

What type of tenancy dispute was case 4636650?

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

Where can I read the official tribunal order for case 4636650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9660267-Tenancy_Tribunal_Order.pdf.

6B Opal Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4636650 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4636650 — net $2,274.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2023	$1,704.41	Rent arrears to 2 July 2023
Repairs: Damaged blinds	$450.00	Repairs: Damaged blinds
Repairs: Replaced bathroom vanity	$100.00	Repairs: Replaced bathroom vanity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,274.85
Total payable by Tenant to Landlord	$2,274.85

The landlord attended the hearing by telephone. The tenant could not be contacted on the phone number provided and the hearing continued in their absence.

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 7 July 2023.The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond was refunded and covered utilities and some rent arrears. The landlord confirmed the amount paid in rent and claimed the balance owing. This 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 following damage was caused during the tenancy:2 blinds in separate bedrooms were damaged and the vanity in the bathroom was marked and required replacing. I find this to be careless damage.

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.

Because Boutique Rentals Bop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4636650 — net $2,274.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2023	$1,704.41	Rent arrears to 2 July 2023
Repairs: Damaged blinds	$450.00	Repairs: Damaged blinds
Repairs: Replaced bathroom vanity	$100.00	Repairs: Replaced bathroom vanity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,274.85
Total payable by Tenant to Landlord	$2,274.85

Order

Kiri Robb must pay Boutique Rentals Bop Limited $2,370.85 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by telephone. The tenant could not be contacted on the phone number provided and the hearing continued in their absence.
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 7 July 2023.The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond was refunded and covered utilities and some rent arrears. The landlord confirmed the amount paid in rent and claimed the balance owing. This 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 following damage was caused during the tenancy:2 blinds in separate bedrooms were damaged and the vanity in the bathroom was marked and required replacing. I find this to be careless damage.
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.
Because Boutique Rentals Bop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4636650 — Rent arrears at 6B Opal Drive, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 4636650 — Rent arrears at 6B Opal Drive, Papamoa Beach, Papamoa 3118

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