What was Tenancy Tribunal case 4693571 about?

The tribunal order states: Sinead Abraham must pay [The landlord/s] $1,121.94 immediately, calculated

How much money was awarded in case 4693571?

Filing Fee: $20.44 awarded to landlord; Property Damage: $103.50 awarded to landlord; Rent Arrears: $2,963.00 awarded to landlord; Garage Door: $184.00 awarded to landlord; Unblock Sink: $69.00 awarded to landlord; Replace Recycle Bin: $22.00 awarded to landlord

What type of tenancy dispute was case 4693571?

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

Where can I read the official tribunal order for case 4693571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712222-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4693571 about?

The tribunal order states: Sinead Abraham must pay [The landlord/s] $1,121.94 immediately, calculated

How much money was awarded in case 4693571?

Filing Fee: $20.44 awarded to landlord; Property Damage: $103.50 awarded to landlord; Rent Arrears: $2,963.00 awarded to landlord; Garage Door: $184.00 awarded to landlord; Unblock Sink: $69.00 awarded to landlord; Replace Recycle Bin: $22.00 awarded to landlord

What type of tenancy dispute was case 4693571?

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

Where can I read the official tribunal order for case 4693571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712222-Tribunal_Order_Redacted.pdf.

Unit/Flat 5, 4 Littler Place, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4693571 — Rent arrears

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Unit/Flat 5, 4 Littler Place, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4693571 — 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 4693571 — net $1,121.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,963.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Garage door	$184.00	Repairs: Garage door
Lock/key replacement	$103.50	Lock/key replacement
Repairs: unblock sink	$69.00	Repairs: unblock sink
replace recycle bin	$22.00	replace recycle bin
Net award	$1,121.94
Total payable by Tenant to Landlord	$1,121.94

Claims and awards for application 4693571 — net $1,121.94 NZD. Verify on MoJ.

Rent arrears

Amount: $2,963.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Repairs: Garage door

Amount: $184.00
Awarded to: Landlord
Reason: Repairs: Garage door

Lock/key replacement

Amount: $103.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: unblock sink

Amount: $69.00
Awarded to: Landlord
Reason: Repairs: unblock sink

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Sinead Abraham must pay [The landlord/s] $1,121.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

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

How much is owed for rent?

The tenancy ended on 26 August 2023. The landlord provided an up to date rent record which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys and the sink in the master bathroom had to be unblocked.
The Hamilton City Council food scraps bin was damaged, and a photograph was provided supporting this.

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: The garage roller door would not work at the end of the tenancy. A pre-inspection report did not note any problems with the door at the start of the tenancy. A video was provided, and a copy is to be given to the Tenancy Tribunal.
I find that this is careless damage and is more than fair wear and tear. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression of the landlord is awarded.

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 4693571 — net $1,121.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,963.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Garage door	$184.00	Repairs: Garage door
Lock/key replacement	$103.50	Lock/key replacement
Repairs: unblock sink	$69.00	Repairs: unblock sink
replace recycle bin	$22.00	replace recycle bin
Net award	$1,121.94
Total payable by Tenant to Landlord	$1,121.94

Claims and awards for application 4693571 — net $1,121.94 NZD. Verify on MoJ.

Rent arrears

Amount: $2,963.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Repairs: Garage door

Amount: $184.00
Awarded to: Landlord
Reason: Repairs: Garage door

Lock/key replacement

Amount: $103.50
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: unblock sink

Amount: $69.00
Awarded to: Landlord
Reason: Repairs: unblock sink

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Sinead Abraham must pay [The landlord/s] $1,121.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

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

How much is owed for rent?

The tenancy ended on 26 August 2023. The landlord provided an up to date rent record which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys and the sink in the master bathroom had to be unblocked.
The Hamilton City Council food scraps bin was damaged, and a photograph was provided supporting this.

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: The garage roller door would not work at the end of the tenancy. A pre-inspection report did not note any problems with the door at the start of the tenancy. A video was provided, and a copy is to be given to the Tenancy Tribunal.
I find that this is careless damage and is more than fair wear and tear. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression of the landlord is awarded.

Tenancy Tribunal case 4693571 — Rent arrears at Unit/Flat 5, 4 Littler Place, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4693571 — Rent arrears at Unit/Flat 5, 4 Littler Place, Hamilton East, Hamilton 3216

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions