What was the outcome of Tenancy Tribunal case 4788659?

The tribunal order states: Stephen Anderson must pay Lisa Thompson $1,070.44 (“the debt”),

How much money was awarded in case 4788659?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4788659?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4788659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019158-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4788659?

The tribunal order states: Stephen Anderson must pay Lisa Thompson $1,070.44 (“the debt”),

How much money was awarded in case 4788659?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4788659?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4788659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019158-Tenancy_Tribunal_Order.pdf.

61A Ajax Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4788659 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4788659 — net $1,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/2/2024	$1,050.00	Rent arrears to 28/2/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,070.44
Total payable by Tenant to Landlord	$1,070.44

Stephen Anderson must pay Lisa Thompson $1,070.44 (“the debt”), calculated as shown in the table below:

Stephen Anderson must pay rent and the debt as follows: a. By weekly payments of $350.00, being for rent, the next payment to be on Wednesday 6 March 2024. b. A payment of $1,070.44, for the debt by Wednesday 13 March 2024.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 61A Ajax Street, Saint Kilda, Dunedin 9012 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and compensation. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where an application is made under section 56 and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, The Tribunal shall determine the matter as if an application had been made under that section.

Rent was 21 days in arrears when the Tribunal determined the matter.

Under section 55(1)(a) if rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order.

Both parties agreed to a conditional order being made.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

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 claimed compensation of $370.00 for repairs to an outside door.

In support of the claim the landlord provided a quote for the repairs.

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.

I am not persuaded by the evidence that the damage has been caused by the tenant during the tenancy.

The claim for compensation fails.

As the landlord has largely succeeded with the claim, I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4788659 — net $1,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/2/2024	$1,050.00	Rent arrears to 28/2/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,070.44
Total payable by Tenant to Landlord	$1,070.44

Order

Stephen Anderson must pay Lisa Thompson $1,070.44 (“the debt”), calculated as shown in the table below:
Stephen Anderson must pay rent and the debt as follows: a. By weekly payments of $350.00, being for rent, the next payment to be on Wednesday 6 March 2024. b. A payment of $1,070.44, for the debt by Wednesday 13 March 2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 61A Ajax Street, Saint Kilda, Dunedin 9012 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and compensation. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where an application is made under section 56 and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, The Tribunal shall determine the matter as if an application had been made under that section.
Rent was 21 days in arrears when the Tribunal determined the matter.
Under section 55(1)(a) if rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order.
Both parties agreed to a conditional order being made.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

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 claimed compensation of $370.00 for repairs to an outside door.
In support of the claim the landlord provided a quote for the repairs.
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.
I am not persuaded by the evidence that the damage has been caused by the tenant during the tenancy.
The claim for compensation fails.
As the landlord has largely succeeded with the claim, I have awarded the filing fee.

Tenancy Tribunal case 4788659 — Rent arrears at 61A Ajax Street, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 4788659 — Rent arrears at 61A Ajax Street, Saint Kilda, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

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

Should a conditional termination order be made?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions