What was the outcome of Tenancy Tribunal case 4685789?

The tribunal order states: The tenancy of Olive Molimau at 30 Harris Street, Naenae, Lower Hutt 5011 is

How much money was awarded in case 4685789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,450.00 awarded to landlord; Rent From 9 November: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4685789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9619350-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4685789?

The tribunal order states: The tenancy of Olive Molimau at 30 Harris Street, Naenae, Lower Hutt 5011 is

How much money was awarded in case 4685789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,450.00 awarded to landlord; Rent From 9 November: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4685789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9619350-Tenancy_Tribunal_Order.pdf.

30 Harris Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4685789 — Rent arrears

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30 Harris Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4685789 — 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 4685789 — net $4,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 November 2023	$2,450.00	Rent arrears to 8 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rent from 9 November to 6 December 2023	$2,000.00	Rent from 9 November to 6 December 2023
Net award	$4,470.44
Total payable by Tenant to Landlord	$4,470.44

Claims and awards for application 4685789 — net $4,470.44 NZD. Verify on MoJ.

Rent arrears to 8 November 2023

Amount: $2,450.00
Awarded to: Landlord
Reason: Rent arrears to 8 November 2023

Filing fee reimbursement

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

Rent from 9 November to 6 December 2023

Amount: $2,000.00
Awarded to: Landlord
Reason: Rent from 9 November to 6 December 2023

Net award

Landlord $4,470.44

Total payable by Tenant to Landlord

Landlord $4,470.44

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Olive Molimau at 30 Harris Street, Naenae, Lower Hutt 5011 is terminated, and possession is granted to Stirling Real Estate Limited, at
59pm on Wednesday 6 December 2023.
Olive Molimau must pay Stirling Real Estate Limited $2,470.44 immediately and $2,000 on or before 6 December 2023 calculated as shown in table below.
This order incorporates the Tribunal order made on 6 July 2023 under application 4585710.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

Should the tenancy end?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the date of the hearing. The tenant agreed she owes the rent.
The landlord agreed the tenant could have four weeks to find somewhere else to live. I have calculated the rent owed to the end of the tenancy on 6 December 2023.
On 6 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes.

Is the tenant responsible for the damage to the premises?

Two windows were broken during the tenancy and there is a claim for repairing the windows. 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.
The tenant said the lounge window was broken by her granddaughter. I find this was most likely an accident, and tenants only pay for repairs if the damage is careless or intentional.
I am also persuaded by the tenant’s submission that the second window was broken because the window is old and hard to close properly. The landlord replied that they had not been advised of the need for maintenance, but I can see from the photos that the wooden joinery needs maintenance. It seems most likely to me the window was broken in the process of trying to close it properly, not because of a careless or intentional action. The tenant does not have to pay for this repair either.
The claims for the window repairs are dismissed. Other orders
The tenant must reimburse the filing fee because the landlord is the most successful party.
The claim for the bond was withdrawn at the hearing. The parties can discuss the bond refund at the end of the tenancy.

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 4685789 — net $4,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 November 2023	$2,450.00	Rent arrears to 8 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rent from 9 November to 6 December 2023	$2,000.00	Rent from 9 November to 6 December 2023
Net award	$4,470.44
Total payable by Tenant to Landlord	$4,470.44

Claims and awards for application 4685789 — net $4,470.44 NZD. Verify on MoJ.

Rent arrears to 8 November 2023

Amount: $2,450.00
Awarded to: Landlord
Reason: Rent arrears to 8 November 2023

Filing fee reimbursement

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

Rent from 9 November to 6 December 2023

Amount: $2,000.00
Awarded to: Landlord
Reason: Rent from 9 November to 6 December 2023

Net award

Landlord $4,470.44

Total payable by Tenant to Landlord

Landlord $4,470.44

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Olive Molimau at 30 Harris Street, Naenae, Lower Hutt 5011 is terminated, and possession is granted to Stirling Real Estate Limited, at
59pm on Wednesday 6 December 2023.
Olive Molimau must pay Stirling Real Estate Limited $2,470.44 immediately and $2,000 on or before 6 December 2023 calculated as shown in table below.
This order incorporates the Tribunal order made on 6 July 2023 under application 4585710.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

Should the tenancy end?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the date of the hearing. The tenant agreed she owes the rent.
The landlord agreed the tenant could have four weeks to find somewhere else to live. I have calculated the rent owed to the end of the tenancy on 6 December 2023.
On 6 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes.

Is the tenant responsible for the damage to the premises?

Two windows were broken during the tenancy and there is a claim for repairing the windows. 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.
The tenant said the lounge window was broken by her granddaughter. I find this was most likely an accident, and tenants only pay for repairs if the damage is careless or intentional.
I am also persuaded by the tenant’s submission that the second window was broken because the window is old and hard to close properly. The landlord replied that they had not been advised of the need for maintenance, but I can see from the photos that the wooden joinery needs maintenance. It seems most likely to me the window was broken in the process of trying to close it properly, not because of a careless or intentional action. The tenant does not have to pay for this repair either.
The claims for the window repairs are dismissed. Other orders
The tenant must reimburse the filing fee because the landlord is the most successful party.
The claim for the bond was withdrawn at the hearing. The parties can discuss the bond refund at the end of the tenancy.

Tenancy Tribunal case 4685789 — Rent arrears at 30 Harris Street, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4685789 — Rent arrears at 30 Harris Street, Naenae, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy end?

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

Dismissed claims

Order

Reasons

Should the tenancy end?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions