What was Tenancy Tribunal case 4713854 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $666.40.

How much money was awarded in case 4713854?

Compensation: $1,838.46 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4713854?

The dispute type was not classified.

Where can I read the official tribunal order for case 4713854?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10128558-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4713854 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $666.40.

How much money was awarded in case 4713854?

Compensation: $1,838.46 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4713854?

The dispute type was not classified.

Where can I read the official tribunal order for case 4713854?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10128558-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 3, 12 Reagan Road, Manukau, Auckland 2025 Tenancy Tribunal Case 4713854 — Tenancy dispute

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4713854 — net $666.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for rent lost	$1,838.46	Compensation for rent lost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$666.40
Total payable by Tenant to Landlord	$666.40

[The tenant/s] must pay [The landlord/s] $666.40.

The tenant must pay the debt in order 2 at the rate of $50.00 per week.

The first payment must be made on Tuesday 2 April and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $1,192.50 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

On the 20 November 2023 I made an interim order. This order should be read in conjunction with that decision.

The landlord is seeking 26 days rent being the time after the tenant left the property that it took to remediate the damage, and to get it back to a position where it was able to rented.

Is the tenant responsible for the damage to the premises?

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.

As canvassed in my decision of the 20 November 2023 the tenant’s friends who were at the property with the tenant’s permission damaged the property. Whist I am satisfied that the tenant did not know that the damage was occurring, she is nevertheless responsible for any damage caused by her friends who were there with her permission.

I am satisfied that the landlord should be compensated for the loss of 26 days rent, as due to the extensive nature of the damage the landlord needed time to remediate the damage and get the property back to a place where it could be re-rented.

The tenant accepts that she will pay the balance owed to the landlord off by weekly payments of $50.00 per week starting next Tuesday 2 April 2024.

The tenant has fully co-operated with the landlords. The tenant seeks name suppression in this matter, whilst she accepts responsibility for the damage caused, it was not caused by her, and she tells me that she is no longer friends with the persons who caused the damage The landlord also consented to the tenant having name suppression as the tenant had been fully co-operative. I do not consider that the tenant should bear any reputational damage due to this incident as I am satisfied that had the tenant been present (she was in hospital at the time) that she would have not allowed the damage to occur.

As the landlord has been successful in its claim, I award the landlord the filing fee and grant the landlord’s name suppression.

Order

Claims and awards in Tenancy Tribunal application 4713854 — net $666.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for rent lost	$1,838.46	Compensation for rent lost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$666.40
Total payable by Tenant to Landlord	$666.40

[The tenant/s] must pay [The landlord/s] $666.40.

The tenant must pay the debt in order 2 at the rate of $50.00 per week.

The first payment must be made on Tuesday 2 April and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $1,192.50 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

On the 20 November 2023 I made an interim order. This order should be read in conjunction with that decision.

The landlord is seeking 26 days rent being the time after the tenant left the property that it took to remediate the damage, and to get it back to a position where it was able to rented.

Is the tenant responsible for the damage to the premises?

The tenant accepts that she will pay the balance owed to the landlord off by weekly payments of $50.00 per week starting next Tuesday 2 April 2024.

As the landlord has been successful in its claim, I award the landlord the filing fee and grant the landlord’s name suppression.

Tenancy Tribunal case 4713854 — Tenancy dispute at Unit/Flat Flat 3, 12 Reagan Road, Manukau, Auckland 2025

At a glance

Award balance

Tenancy Tribunal case 4713854 — Tenancy dispute at Unit/Flat Flat 3, 12 Reagan Road, Manukau, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions