What was Tenancy Tribunal case 4762879 about?

The tribunal order states: [The tenant/s] must pay Rent Wise Property Management Limited As Agent For

How much money was awarded in case 4762879?

Cleaning: $200.00 awarded to landlord; Cleaning: $549.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Handle: $173.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Property Damage: $7,728.00 awarded to landlord; Rent Arrears: $2,255.00 awarded to landlord

What type of tenancy dispute was case 4762879?

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

Where can I read the official tribunal order for case 4762879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9944384-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4762879 about?

The tribunal order states: [The tenant/s] must pay Rent Wise Property Management Limited As Agent For

How much money was awarded in case 4762879?

Cleaning: $200.00 awarded to landlord; Cleaning: $549.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Handle: $173.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Property Damage: $7,728.00 awarded to landlord; Rent Arrears: $2,255.00 awarded to landlord

What type of tenancy dispute was case 4762879?

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

Where can I read the official tribunal order for case 4762879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9944384-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4762879 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4762879 — net $9,608.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 17 November 2024	$2,255.00	Rent arrears to and including 17 November 2024
Cleaning	$549.70	Cleaning
Carpet Cleaning	$200.00	Carpet Cleaning
Rubbish removal, garden work, wardrobe doors, hang curtains and track	$322.00	Rubbish removal, garden work, wardrobe doors, hang curtains and track
Garage door handle	$173.00	Garage door handle
Repair wall and door damage	$7,728.00	Repair wall and door damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,608.39
Total payable by Tenant to Landlord	$9,608.39

[The tenant/s] must pay Rent Wise Property Management Limited As Agent For Black Lion Properties Limited $9,608.39 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,639.75 ([Bond number suppressed]) to Rent Wise Property Management Limited As Agent For Black Lion Properties Limited immediately.

Reasons

Ms Saunders and Mr Costello attended the hearing for the landlord. The tenant did not attend.

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?

On 15 November 2023, the tenant gave the landlord two days’ notice to withdraw from the tenancy following family violence. The landlord disputes the validity of the notice on the basis that it was accompanied by a Protection Order in the tenant’s favour dated 3 August 2020 and there was no evidence to support that the tenant had been the victim of family violence at or near the time the notice was given.

Section 56B of the Residential Tenancies Act 1986 (the Act) provides that a tenant may end a tenancy on two days’ notice following family violence provided the notice is in the prescribed form and is accompanied by qualifying evidence of being the victim of family violence. The type of qualifying evidence is set out in regulation 9 of the Residential Tenancies (Termination for Physical Assault by Tenant & Withdrawal Following Family Violence) Regulations 2022. They include all or any of the following: “(a) written statement from a person referred to in any of paragraphs (b) to (u) of regulation 8 stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises: (b) the first page of a protection order within the meaning of section 8 of the Family Violence Act 2018 if the withdrawing tenant is the protected person and either— (i) the protection order was issued while they were a tenant of the premises and is still in force; or (ii) the protection order was issued before they were a tenant of the premises but is accompanied by a written statement from the withdrawing tenant that they have been a victim of family violence while they were a tenant of the premises: (c) a Police safety order issued under Part 3 of the Family Violence Act 2018 if the withdrawing tenant is the person at risk (within the meaning of section 27 of that Act) and the Police safety order was issued while they were a tenant of the premises: (d) a charging document under section 14 of the Criminal Procedure Act 2011 relating to family violence against the withdrawing tenant while they were a tenant of the premises.”

The tenancy commenced on 22 August 2020 and, as mentioned, the Protection Order provided in support of the termination notice was dated before her tenancy commenced, 5 October 2020. However, the tenant has signed a statement stating that she had been a victim of family violence while she was a tenant of the premises. That is sufficient qualifying evidence to support the notice. However, the tenant has also provided a written statement from a prescribed person (as defined in regulation 8) stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while she was a tenant of the premises.

I am therefore satisfied that the tenant has complied with the requirements in section 56B of the Act and the Regulations and therefore the notice to terminate the tenancy is valid.

The amount of rent owing to 17 November 2023 has been established by the production of a rent record.

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

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as required by section 40(1)(ca) of the Act.

The amounts ordered are proved by the production of invoices.

Is the tenant responsible for the damage to the premises?

The landlord has established that the premises were damaged during the tenancy, in particular: walls in all rooms were damaged by holes, ripped wall linings, and/or drawings which could not all be removed by cleaning; the bathroom and a bedroom door were damaged by holes; the garage side door handle was broken off; and the wardrobe doors, curtains and a track in the bedrooms were removed/damaged.

The damage is beyond fair wear and tear and the tenant has not disproved liability for it.

The amounts ordered have been established by the production of invoices.

The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee. Suppression

The tenant’s name and identifying details are suppressed because the decision includes information regarding notice of withdrawal due to family violence and qualifying evidence which, pursuant to section 56E of the Act, should not be disclosed (except in the limited circumstances set out in that section).

Claims and awards in Tenancy Tribunal application 4762879 — net $9,608.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 17 November 2024	$2,255.00	Rent arrears to and including 17 November 2024
Cleaning	$549.70	Cleaning
Carpet Cleaning	$200.00	Carpet Cleaning
Rubbish removal, garden work, wardrobe doors, hang curtains and track	$322.00	Rubbish removal, garden work, wardrobe doors, hang curtains and track
Garage door handle	$173.00	Garage door handle
Repair wall and door damage	$7,728.00	Repair wall and door damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,608.39
Total payable by Tenant to Landlord	$9,608.39

Order

[The tenant/s] must pay Rent Wise Property Management Limited As Agent For Black Lion Properties Limited $9,608.39 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,639.75 ([Bond number suppressed]) to Rent Wise Property Management Limited As Agent For Black Lion Properties Limited immediately.

Reasons

Ms Saunders and Mr Costello attended the hearing for the landlord. The tenant did not attend.
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?

On 15 November 2023, the tenant gave the landlord two days’ notice to withdraw from the tenancy following family violence. The landlord disputes the validity of the notice on the basis that it was accompanied by a Protection Order in the tenant’s favour dated 3 August 2020 and there was no evidence to support that the tenant had been the victim of family violence at or near the time the notice was given.
Section 56B of the Residential Tenancies Act 1986 (the Act) provides that a tenant may end a tenancy on two days’ notice following family violence provided the notice is in the prescribed form and is accompanied by qualifying evidence of being the victim of family violence. The type of qualifying evidence is set out in regulation 9 of the Residential Tenancies (Termination for Physical Assault by Tenant & Withdrawal Following Family Violence) Regulations 2022. They include all or any of the following: “(a) written statement from a person referred to in any of paragraphs (b) to (u) of regulation 8 stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises: (b) the first page of a protection order within the meaning of section 8 of the Family Violence Act 2018 if the withdrawing tenant is the protected person and either— (i) the protection order was issued while they were a tenant of the premises and is still in force; or (ii) the protection order was issued before they were a tenant of the premises but is accompanied by a written statement from the withdrawing tenant that they have been a victim of family violence while they were a tenant of the premises: (c) a Police safety order issued under Part 3 of the Family Violence Act 2018 if the withdrawing tenant is the person at risk (within the meaning of section 27 of that Act) and the Police safety order was issued while they were a tenant of the premises: (d) a charging document under section 14 of the Criminal Procedure Act 2011 relating to family violence against the withdrawing tenant while they were a tenant of the premises.”
The tenancy commenced on 22 August 2020 and, as mentioned, the Protection Order provided in support of the termination notice was dated before her tenancy commenced, 5 October 2020. However, the tenant has signed a statement stating that she had been a victim of family violence while she was a tenant of the premises. That is sufficient qualifying evidence to support the notice. However, the tenant has also provided a written statement from a prescribed person (as defined in regulation 8) stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while she was a tenant of the premises.
I am therefore satisfied that the tenant has complied with the requirements in section 56B of the Act and the Regulations and therefore the notice to terminate the tenancy is valid.
The amount of rent owing to 17 November 2023 has been established by the production of a rent record.

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

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as required by section 40(1)(ca) of the Act.
The amounts ordered are proved by the production of invoices.

Is the tenant responsible for the damage to the premises?

The landlord has established that the premises were damaged during the tenancy, in particular: walls in all rooms were damaged by holes, ripped wall linings, and/or drawings which could not all be removed by cleaning; the bathroom and a bedroom door were damaged by holes; the garage side door handle was broken off; and the wardrobe doors, curtains and a track in the bedrooms were removed/damaged.
The damage is beyond fair wear and tear and the tenant has not disproved liability for it.
The amounts ordered have been established by the production of invoices.
The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee. Suppression
The tenant’s name and identifying details are suppressed because the decision includes information regarding notice of withdrawal due to family violence and qualifying evidence which, pursuant to section 56E of the Act, should not be disclosed (except in the limited circumstances set out in that section).

Tenancy Tribunal case 4762879 — Property damage

At a glance

Tenancy Tribunal case 4762879 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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