What was Tenancy Tribunal case 4666769 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed])

How much money was awarded in case 4666769?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,422.86 awarded to landlord; Water Rates: $48.26 awarded to landlord

What type of tenancy dispute was case 4666769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4666769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9771413-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4666769 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed])

How much money was awarded in case 4666769?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,422.86 awarded to landlord; Water Rates: $48.26 awarded to landlord

What type of tenancy dispute was case 4666769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4666769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9771413-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4666769 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4666769 — net $1,611.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2023	$4,422.86	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$48.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,611.56
Total payable by Tenant to Landlord	$1,611.56

Both parties attended the hearing.

The landlord has applied for rent arrears, water rates arrears, 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 6 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The Tenant disputed this amount claiming the Owner waived the rent because the house was in an unreasonable state of repair. The Owner agreed to make the repairs and until this was completed, the Owner waived the rent. The Tenant submitted the repairs were never completed and they moved out of the property after four weeks. The Tenant submitted this was a verbal agreement they had with the Owner.

The Landlord submitted there was agreement between the parties for the rent to be waived from 8 July to 18 July 2023 during which time, the Landlord fixed most of the repairs. The property was then compliant with Healthy Home Standards and a report was provided to prove this. The Landlord submitted the Tenant was liable for rent from 19 July 2023 onwards and the Owner never advised them to waive the rent after that period.

In considering the evidence, the Landlord provided evidence of rent records and water care invoices. The Tenant did not provide any evidence that the Owner waived their rent because repairs were being made to the property. If the Tenant had issues with the condition of the property they ought to have brought their own application to the Tribunal for compensation. This was not a reason to stop paying rent.

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: damage to walls and door handles. The Landlord provided an invoice for the repairs and photographs of the damage.

The Tenant claimed these damages were already present at the start of the tenancy.

In considering the evidence, the Landlord did not provide evidence such as an ingoing inspection report to prove the damage occurred during the tenancy. For this reason, the claim is dismissed.

As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4666769 — net $1,611.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2023	$4,422.86	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$48.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,611.56
Total payable by Tenant to Landlord	$1,611.56

Order

The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates arrears, 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 6 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The Tenant disputed this amount claiming the Owner waived the rent because the house was in an unreasonable state of repair. The Owner agreed to make the repairs and until this was completed, the Owner waived the rent. The Tenant submitted the repairs were never completed and they moved out of the property after four weeks. The Tenant submitted this was a verbal agreement they had with the Owner.
The Landlord submitted there was agreement between the parties for the rent to be waived from 8 July to 18 July 2023 during which time, the Landlord fixed most of the repairs. The property was then compliant with Healthy Home Standards and a report was provided to prove this. The Landlord submitted the Tenant was liable for rent from 19 July 2023 onwards and the Owner never advised them to waive the rent after that period.
In considering the evidence, the Landlord provided evidence of rent records and water care invoices. The Tenant did not provide any evidence that the Owner waived their rent because repairs were being made to the property. If the Tenant had issues with the condition of the property they ought to have brought their own application to the Tribunal for compensation. This was not a reason to stop paying rent.
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: damage to walls and door handles. The Landlord provided an invoice for the repairs and photographs of the damage.
The Tenant claimed these damages were already present at the start of the tenancy.
In considering the evidence, the Landlord did not provide evidence such as an ingoing inspection report to prove the damage occurred during the tenancy. For this reason, the claim is dismissed.
As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4666769 — Rent arrears

At a glance

Tenancy Tribunal case 4666769 — Rent arrears

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