What was Tenancy Tribunal case 4665130 about?

The tribunal order states: The tenancy of Moana Morehu at 3 Ozich Avenue, Te Atatu South, Auckland

How much money was awarded in case 4665130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,538.40 awarded to landlord; Rent Arrears: $785.71 awarded to landlord; Water Rates: $1,325.74 awarded to landlord

What type of tenancy dispute was case 4665130?

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

Where can I read the official tribunal order for case 4665130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754671-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4665130 about?

The tribunal order states: The tenancy of Moana Morehu at 3 Ozich Avenue, Te Atatu South, Auckland

How much money was awarded in case 4665130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,538.40 awarded to landlord; Rent Arrears: $785.71 awarded to landlord; Water Rates: $1,325.74 awarded to landlord

What type of tenancy dispute was case 4665130?

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

Where can I read the official tribunal order for case 4665130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754671-Tribunal_Order_Redacted.pdf.

3 Ozich Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4665130 — Property damage

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3 Ozich Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4665130 — 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 4665130 — net $5,470.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$785.71		Rent arrears
Water rates	$1,325.74		Water rates
Repairs	$5,538.40		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$2,200.00	Bond refund
Total award	$7,670.29	$2,200.00
Net award	$5,470.29
Total payable by Tenant to Landlord	$5,470.29

Claims and awards for application 4665130 — net $5,470.29 NZD. Verify on MoJ.

Rent arrears

Amount: $785.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,325.74
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $5,538.40
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Bond refund

Amount: $2,200.00
Awarded to: Tenant
Reason: Bond refund

Total award

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Moana Morehu at 3 Ozich Avenue, Te Atatu South, Auckland 0610 is terminated, and possession is granted to [The landlord/s], immediately.
Moana Morehu must pay [The landlord/s] $5,470.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, for rent arrears, water rates owing and for compensation for damage.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by causing considerable damage to the premises.
The landlord served a 14-day notice on the tenant on 27 July 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the damage caused is substantial. In addition, it appears that the tenant has vacated the premises.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the date of hearing.
The amounts ordered are proved.

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: wall holes, damaged doorknobs, broken windows, missing smoke alarms, damaged doors, missing curtains and damaged curtain rails, and floor holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond
The tenant paid a bond of $2,200.00 when the tenancy began in 2019. According to the landlord the Property Management company acting for the landlord at the time received the bond money but did not lodge it with the Bond Centre and instead retained the money. A new Property Management company now acts for the landlord. The tenant should not be disadvantaged due to the failure of the landlord’s agent to lodge the bond money. Therefore, the bond is deducted from the amount awarded in favour of the landlord. Filing fee and suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I suppress the landlord’s name.

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 4665130 — net $5,470.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$785.71		Rent arrears
Water rates	$1,325.74		Water rates
Repairs	$5,538.40		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$2,200.00	Bond refund
Total award	$7,670.29	$2,200.00
Net award	$5,470.29
Total payable by Tenant to Landlord	$5,470.29

Claims and awards for application 4665130 — net $5,470.29 NZD. Verify on MoJ.

Rent arrears

Amount: $785.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,325.74
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $5,538.40
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Bond refund

Amount: $2,200.00
Awarded to: Tenant
Reason: Bond refund

Total award

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Moana Morehu at 3 Ozich Avenue, Te Atatu South, Auckland 0610 is terminated, and possession is granted to [The landlord/s], immediately.
Moana Morehu must pay [The landlord/s] $5,470.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, for rent arrears, water rates owing and for compensation for damage.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by causing considerable damage to the premises.
The landlord served a 14-day notice on the tenant on 27 July 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the damage caused is substantial. In addition, it appears that the tenant has vacated the premises.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the date of hearing.
The amounts ordered are proved.

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: wall holes, damaged doorknobs, broken windows, missing smoke alarms, damaged doors, missing curtains and damaged curtain rails, and floor holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond
The tenant paid a bond of $2,200.00 when the tenancy began in 2019. According to the landlord the Property Management company acting for the landlord at the time received the bond money but did not lodge it with the Bond Centre and instead retained the money. A new Property Management company now acts for the landlord. The tenant should not be disadvantaged due to the failure of the landlord’s agent to lodge the bond money. Therefore, the bond is deducted from the amount awarded in favour of the landlord. Filing fee and suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I suppress the landlord’s name.

Tenancy Tribunal case 4665130 — Property damage at 3 Ozich Avenue, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4665130 — Property damage at 3 Ozich Avenue, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

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

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions