How much money was awarded in case 4723517?

Filing Fee: $20.44 awarded to landlord; (Broken Window On Side Of House: $258.75 awarded to landlord; (Exterior Wallboards: $431.25 awarded to landlord; (holes in walls in two bedrooms and…: $414.00 awarded to landlord; (Pantry Door Rehinged: $138.00 awarded to landlord; (Ranch Slider Window: $920.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Water Rates: $782.79 awarded to landlord

What type of tenancy dispute was case 4723517?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4723517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779773-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4723517?

Filing Fee: $20.44 awarded to landlord; (Broken Window On Side Of House: $258.75 awarded to landlord; (Exterior Wallboards: $431.25 awarded to landlord; (holes in walls in two bedrooms and…: $414.00 awarded to landlord; (Pantry Door Rehinged: $138.00 awarded to landlord; (Ranch Slider Window: $920.00 awarded to landlord; Property Damage: $241.50 awarded to landlord; Water Rates: $782.79 awarded to landlord

What type of tenancy dispute was case 4723517?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4723517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779773-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4723517 — Property damage

Q: What was Tenancy Tribunal case 4723517 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4723517 — net $926.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to 24 October 2023	$782.79	4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damages/compensation, reimbursement of water rates arrears,…
Repairs: (ranch slider window	$920.00	Repairs: (ranch slider window
Repairs: (holes in walls in two bedrooms and the hallway	$414.00	Repairs: (holes in walls in two bedrooms and the hallway
Repairs: (toilet cistern replacement	$241.50	Repairs: (toilet cistern replacement
Repairs: (pantry door rehinged	$138.00	Repairs: (pantry door rehinged
Repairs: (exterior wallboards	$431.25	Repairs: (exterior wallboards
Repairs: (broken window on side of house	$258.75	Repairs: (broken window on side of house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$926.73
Total payable by Tenant to Landlord	$926.73

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Mere Maria Toby at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, at 11:59pm on Friday 15 December 2023.

The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to the landlord immediately.

Mere Maria Toby must pay the landlord $926.73 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the water rates and reimbursement of the filing fee.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damages/compensation, reimbursement of water rates arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The landlord served a 14 day notice on the tenant on 10 July 2023 requiring her to repair the damage to the exterior wallboards of the premises, repair holes in the walls of the laundry, bedroom and hallway and other damage that was a breach of the tenant’s responsibilities pursuant to s40 of the RTA . The house was inspected on 24 July 2023, in accordance with the 14-day notice issued on 10 July 2023 and during that inspection it was evident that the other breaches were remedied in the required period but the damage to the exterior walls of the house and the holes in the interior walls were not.

The landlord served a second 14-day notice on the tenant on 9 October 2023 and the tenant did not remedy the breaches within the required period.

The tenant has breached her obligations by failing to: a. Replace smoke alarm removed from the hallway; b. Repair hole behind laundry door; c. Replace missing lightbulbs; d. Repair broken toilet cistern; e. Clean and vacuum the premises; f. Clean and tidy the lawns and gardens.

It would be inequitable to refuse to terminate the tenancy because: a. The landlord has tried to numerous times to communicate with the tenant about coming to undertake further inspections to ascertain if any further breaches have been committed and/or any further damage done to the property and to make arrangements to get the damage repaired by a tradesman and had no response; b. The tenant never answers telephone calls, text messages or emails, changes her mobile number often and does not call or email the landlord when she leaves her card at the premises asking the tenant to contact her urgently. The property manager has tried to contact the tenant by email on 20 November 2023 and 4 December 2023 and 11 December 2023 in conjunction with trying to call and text on these days and leaving a card on the door of the premises on 7 December 2023; c. The neighbours have raised concerns that the tenant no longer appears to have control of the property and that there are numerous people coming and going from the property at all hours of the day and night that appear to have gang affiliations that are encroaching on their quiet peace and enjoyment of their property; d. The property managers who have tried to undertake inspections on 6 November 2023 and 7 December 2023 were intimidated by persons who appeared to them to have gang affiliations who made threats to them that made them feel unsafe and at risk and told them they could not enter the premises. There is also an aggressive dog tied up at the front door that has never been at the premises during prior inspections that is being used to intimidate and threaten the property manager and stop them from entering the premises. No dogs are permitted in the terms and conditions of the tenancy agreement; e. The premises are not being kept reasonably clean and tidy (see s40(1)(c) RTA); f. The water rates have been usually high leading the property managers to be concerned about leaks, that illicit drugs may be being grown or manufactured on the premises and/or that more than the permitted three tenants may be residing at the premises but they cannot get access to the premises to check/test for those purposes; g. The tenant has caused, or has permitted other persons to cause, or has threatened to cause, substantial damage to the premises, which is evident each time the property manager goes to conduct an inspection and I am not satisfied that more deliberate and/or careless damage will not be committed by the tenant or her guests/visitors (See RTA s55(1)(b) and s55(2)); h. The numerous breaches of the tenant’s obligations under the tenancy agreement and the RTA that could be remedied have not been remedied and more damage is being done.

How much does the tenant owe?

The landlord provided water rates records which prove the amount owing to 24 October 2023.

The landlord has also provided an invoice for repairs to be completed by a contractor that amount to $2,403.50. The property manager has tired to get the contractor access to the premises to complete this work and the occupants and aggressive dog have made it impossible for the contractor to enter the premises to complete the work he has been paid to complete. Photographic evidence provided by the landlord proves the careless/ deliberate damage the tenant had caused during her tenancy.

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4723517 — net $926.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to 24 October 2023	$782.79	4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damages/compensation, reimbursement of water rates arrears,…
Repairs: (ranch slider window	$920.00	Repairs: (ranch slider window
Repairs: (holes in walls in two bedrooms and the hallway	$414.00	Repairs: (holes in walls in two bedrooms and the hallway
Repairs: (toilet cistern replacement	$241.50	Repairs: (toilet cistern replacement
Repairs: (pantry door rehinged	$138.00	Repairs: (pantry door rehinged
Repairs: (exterior wallboards	$431.25	Repairs: (exterior wallboards
Repairs: (broken window on side of house	$258.75	Repairs: (broken window on side of house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$926.73
Total payable by Tenant to Landlord	$926.73

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Mere Maria Toby at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, at 11:59pm on Friday 15 December 2023.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to the landlord immediately.
Mere Maria Toby must pay the landlord $926.73 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the water rates and reimbursement of the filing fee.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damages/compensation, reimbursement of water rates arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord served a 14 day notice on the tenant on 10 July 2023 requiring her to repair the damage to the exterior wallboards of the premises, repair holes in the walls of the laundry, bedroom and hallway and other damage that was a breach of the tenant’s responsibilities pursuant to s40 of the RTA . The house was inspected on 24 July 2023, in accordance with the 14-day notice issued on 10 July 2023 and during that inspection it was evident that the other breaches were remedied in the required period but the damage to the exterior walls of the house and the holes in the interior walls were not.
The landlord served a second 14-day notice on the tenant on 9 October 2023 and the tenant did not remedy the breaches within the required period.
The tenant has breached her obligations by failing to: a. Replace smoke alarm removed from the hallway; b. Repair hole behind laundry door; c. Replace missing lightbulbs; d. Repair broken toilet cistern; e. Clean and vacuum the premises; f. Clean and tidy the lawns and gardens.
It would be inequitable to refuse to terminate the tenancy because: a. The landlord has tried to numerous times to communicate with the tenant about coming to undertake further inspections to ascertain if any further breaches have been committed and/or any further damage done to the property and to make arrangements to get the damage repaired by a tradesman and had no response; b. The tenant never answers telephone calls, text messages or emails, changes her mobile number often and does not call or email the landlord when she leaves her card at the premises asking the tenant to contact her urgently. The property manager has tried to contact the tenant by email on 20 November 2023 and 4 December 2023 and 11 December 2023 in conjunction with trying to call and text on these days and leaving a card on the door of the premises on 7 December 2023; c. The neighbours have raised concerns that the tenant no longer appears to have control of the property and that there are numerous people coming and going from the property at all hours of the day and night that appear to have gang affiliations that are encroaching on their quiet peace and enjoyment of their property; d. The property managers who have tried to undertake inspections on 6 November 2023 and 7 December 2023 were intimidated by persons who appeared to them to have gang affiliations who made threats to them that made them feel unsafe and at risk and told them they could not enter the premises. There is also an aggressive dog tied up at the front door that has never been at the premises during prior inspections that is being used to intimidate and threaten the property manager and stop them from entering the premises. No dogs are permitted in the terms and conditions of the tenancy agreement; e. The premises are not being kept reasonably clean and tidy (see s40(1)(c) RTA); f. The water rates have been usually high leading the property managers to be concerned about leaks, that illicit drugs may be being grown or manufactured on the premises and/or that more than the permitted three tenants may be residing at the premises but they cannot get access to the premises to check/test for those purposes; g. The tenant has caused, or has permitted other persons to cause, or has threatened to cause, substantial damage to the premises, which is evident each time the property manager goes to conduct an inspection and I am not satisfied that more deliberate and/or careless damage will not be committed by the tenant or her guests/visitors (See RTA s55(1)(b) and s55(2)); h. The numerous breaches of the tenant’s obligations under the tenancy agreement and the RTA that could be remedied have not been remedied and more damage is being done.

How much does the tenant owe?

The landlord provided water rates records which prove the amount owing to 24 October 2023.
The landlord has also provided an invoice for repairs to be completed by a contractor that amount to $2,403.50. The property manager has tired to get the contractor access to the premises to complete this work and the occupants and aggressive dog have made it impossible for the contractor to enter the premises to complete the work he has been paid to complete. Photographic evidence provided by the landlord proves the careless/ deliberate damage the tenant had caused during her tenancy.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4723517 — Property damage

At a glance

Tenancy Tribunal case 4723517 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions