What was the outcome of Tenancy Tribunal case 4665435?

The tribunal order states: Stanley Lkilifi Woods must pay Mei Chen $2,729.07 immediately, calculated as

How much money was awarded in case 4665435?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,213.58 awarded to landlord; Rent Arrears: $2,420.00 awarded to landlord; Water Rates: $235.05 awarded to landlord

What type of tenancy dispute was case 4665435?

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

Where can I read the official tribunal order for case 4665435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936962-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4665435?

The tribunal order states: Stanley Lkilifi Woods must pay Mei Chen $2,729.07 immediately, calculated as

How much money was awarded in case 4665435?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,213.58 awarded to landlord; Rent Arrears: $2,420.00 awarded to landlord; Water Rates: $235.05 awarded to landlord

What type of tenancy dispute was case 4665435?

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

Where can I read the official tribunal order for case 4665435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936962-Tenancy_Tribunal_Order.pdf.

13 College Place, Poike, Tauranga 3112 Tenancy Tribunal Case 4665435 — Rent arrears

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13 College Place, Poike, Tauranga 3112 Tenancy Tribunal Case 4665435 — 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 4665435 — net $2,729.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 July 2023	$2,420.00	Rent arrears to 22 July 2023
Water rates	$235.05	Water rates
Replacement flooring	$2,213.58	Replacement flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,729.07
Total payable by Tenant to Landlord	$2,729.07

Claims and awards for application 4665435 — net $2,729.07 NZD. Verify on MoJ.

Rent arrears to 22 July 2023

Amount: $2,420.00
Awarded to: Landlord
Reason: Rent arrears to 22 July 2023

Water rates

Amount: $235.05
Awarded to: Landlord
Reason: Water rates

Replacement flooring

Amount: $2,213.58
Awarded to: Landlord
Reason: Replacement flooring

Filing fee reimbursement

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

Net award

Landlord $2,729.07

Total payable by Tenant to Landlord

Landlord $2,729.07

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Stanley Lkilifi Woods must pay Mei Chen $2,729.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3219517-024) to Mei Chen immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: carpets throughout the premises were so badly stained they could not be cleaned and had to be replaced. There were also multiple damages to walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I award $2,213.58 for the replacement flooring but I am unable to make any further awards as the receipts provided by the landlord could not be deciphered.
As the landlord has partly succeeded with the claim, the tenant must reimburse 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 4665435 — net $2,729.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 July 2023	$2,420.00	Rent arrears to 22 July 2023
Water rates	$235.05	Water rates
Replacement flooring	$2,213.58	Replacement flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,729.07
Total payable by Tenant to Landlord	$2,729.07

Claims and awards for application 4665435 — net $2,729.07 NZD. Verify on MoJ.

Rent arrears to 22 July 2023

Amount: $2,420.00
Awarded to: Landlord
Reason: Rent arrears to 22 July 2023

Water rates

Amount: $235.05
Awarded to: Landlord
Reason: Water rates

Replacement flooring

Amount: $2,213.58
Awarded to: Landlord
Reason: Replacement flooring

Filing fee reimbursement

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

Net award

Landlord $2,729.07

Total payable by Tenant to Landlord

Landlord $2,729.07

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Stanley Lkilifi Woods must pay Mei Chen $2,729.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3219517-024) to Mei Chen immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: carpets throughout the premises were so badly stained they could not be cleaned and had to be replaced. There were also multiple damages to walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I award $2,213.58 for the replacement flooring but I am unable to make any further awards as the receipts provided by the landlord could not be deciphered.
As the landlord has partly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4665435 — Rent arrears at 13 College Place, Poike, Tauranga 3112

At a glance

Tenancy Tribunal case 4665435 — Rent arrears at 13 College Place, Poike, Tauranga 3112

At a glance

Award balance

Claims & awards

Order

Reasons

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

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