What was Tenancy Tribunal case 4722949 about?

The tribunal order states: Dylan Ivan Booth is to pay [The landlord/s] $1,230.74 immediately, calculated

How much money was awarded in case 4722949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $420.00 awarded to landlord; Broken Window: $206.08 awarded to landlord; Front Door: $448.68 awarded to landlord; Light Fitting: $135.54 awarded to landlord

What type of tenancy dispute was case 4722949?

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

Where can I read the official tribunal order for case 4722949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843502-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4722949 about?

The tribunal order states: Dylan Ivan Booth is to pay [The landlord/s] $1,230.74 immediately, calculated

How much money was awarded in case 4722949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $420.00 awarded to landlord; Broken Window: $206.08 awarded to landlord; Front Door: $448.68 awarded to landlord; Light Fitting: $135.54 awarded to landlord

What type of tenancy dispute was case 4722949?

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

Where can I read the official tribunal order for case 4722949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843502-Tribunal_Order_Redacted.pdf.

378 Oxford Street, Levin, Levin 5510 Tenancy Tribunal Case 4722949 — Property damage

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378 Oxford Street, Levin, Levin 5510 Tenancy Tribunal Case 4722949 — Property damage | 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 4722949. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$420.00	Rent arrears
Repairs: light fitting	$135.54	Repairs: light fitting
Repairs: broken window	$206.08	Repairs: broken window
Repairs: front door	$448.68	Repairs: front door
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4722949. Verify on MoJ.

Rent arrears

Amount: $420.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: light fitting

Amount: $135.54
Awarded to: Landlord
Reason: Repairs: light fitting

Repairs: broken window

Amount: $206.08
Awarded to: Landlord
Reason: Repairs: broken window

Repairs: front door

Amount: $448.68
Awarded to: Landlord
Reason: Repairs: front door

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Dylan Ivan Booth is to pay [The landlord/s] $1,230.74 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$420.00 Repairs: light fitting$135.54 Repairs: broken window$206.08 Repairs: front door$448.68 Filing fee reimbursement$20.44 Total award$1,230.74
The landlord applied for and is granted name suppression.

Reasons

The landlord attended the hearing in person.
The tenant attended the hearing by telephone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the date of the hearing.
The tenant missed a rent payment at the start of October 2023. The landlord has been in correspondence with the tenant to have the tenant pay the arrears. A formal letter notifying the tenant of the breach was issued on 16 October 2023. The tenant has failed to remedy the breach.
The landlord’s application was for termination for the non-remedy of a breach capable of being remedied. See section 56(1) Residential Tenancies Act 1986 (“RTA”). As discussed at the hearing, I am not satisfied that the breach is of such a nature or extent that it would be inequitable to refuse to terminate the tenancy.
The tenant advised at the hearing that he is arranging an appointment with WINZ so that he can arrange for the amounts awarded to the landlord in this Order to be paid.
As I discussed with the tenant at the hearing, if payment is not made within the near future and the landlord needs to file a further application for termination for non-payment, the Tribunal may well determine that the tenancy must be terminated.

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.
The landlord has claimed for the cost of repairing the following damage caused during the tenancy: a. A broken light fitting. The tenant accepted responsibility for this damage. b. A broken window. c. Significant damage to the front door.
The tenant denied any knowledge of the broken window and could not provide any explanation for its condition.
In the absence of any other reasonable explanation for the damage, I am satisfied on the balance of probabilities that the tenant or someone associated with the tenant was responsible for this damage. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The tenant accepted the landlord’s understanding that the front door was intentionally damaged by associates of his former partner when they came to the property to remove a car. The Tribunal is not persuaded that the people who caused the damage were not people for whose actions the tenant should be responsible.
The tenant is primarily liable to the landlord for this damage, although he may have a claim against the people who caused the damage.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed 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 4722949. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$420.00	Rent arrears
Repairs: light fitting	$135.54	Repairs: light fitting
Repairs: broken window	$206.08	Repairs: broken window
Repairs: front door	$448.68	Repairs: front door
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4722949. Verify on MoJ.

Rent arrears

Amount: $420.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: light fitting

Amount: $135.54
Awarded to: Landlord
Reason: Repairs: light fitting

Repairs: broken window

Amount: $206.08
Awarded to: Landlord
Reason: Repairs: broken window

Repairs: front door

Amount: $448.68
Awarded to: Landlord
Reason: Repairs: front door

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Dylan Ivan Booth is to pay [The landlord/s] $1,230.74 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$420.00 Repairs: light fitting$135.54 Repairs: broken window$206.08 Repairs: front door$448.68 Filing fee reimbursement$20.44 Total award$1,230.74
The landlord applied for and is granted name suppression.

Reasons

The landlord attended the hearing in person.
The tenant attended the hearing by telephone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the date of the hearing.
The tenant missed a rent payment at the start of October 2023. The landlord has been in correspondence with the tenant to have the tenant pay the arrears. A formal letter notifying the tenant of the breach was issued on 16 October 2023. The tenant has failed to remedy the breach.
The landlord’s application was for termination for the non-remedy of a breach capable of being remedied. See section 56(1) Residential Tenancies Act 1986 (“RTA”). As discussed at the hearing, I am not satisfied that the breach is of such a nature or extent that it would be inequitable to refuse to terminate the tenancy.
The tenant advised at the hearing that he is arranging an appointment with WINZ so that he can arrange for the amounts awarded to the landlord in this Order to be paid.
As I discussed with the tenant at the hearing, if payment is not made within the near future and the landlord needs to file a further application for termination for non-payment, the Tribunal may well determine that the tenancy must be terminated.

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.
The landlord has claimed for the cost of repairing the following damage caused during the tenancy: a. A broken light fitting. The tenant accepted responsibility for this damage. b. A broken window. c. Significant damage to the front door.
The tenant denied any knowledge of the broken window and could not provide any explanation for its condition.
In the absence of any other reasonable explanation for the damage, I am satisfied on the balance of probabilities that the tenant or someone associated with the tenant was responsible for this damage. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The tenant accepted the landlord’s understanding that the front door was intentionally damaged by associates of his former partner when they came to the property to remove a car. The Tribunal is not persuaded that the people who caused the damage were not people for whose actions the tenant should be responsible.
The tenant is primarily liable to the landlord for this damage, although he may have a claim against the people who caused the damage.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4722949 — Property damage at 378 Oxford Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4722949 — Property damage at 378 Oxford Street, Levin, Levin 5510

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions