What was Tenancy Tribunal case 4792678 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4792678?

Rent Arrears: $6,150.00 awarded to landlord; Replace Garage Remote: $368.76 awarded to landlord

What type of tenancy dispute was case 4792678?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4792678?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079694-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4792678 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4792678?

Rent Arrears: $6,150.00 awarded to landlord; Replace Garage Remote: $368.76 awarded to landlord

What type of tenancy dispute was case 4792678?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4792678?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079694-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4792678 — Rent arrears

Claims and awards in Tenancy Tribunal application 4792678 — net $3,918.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/01/2024	$6,150.00	Rent arrears to 20/01/2024
Replace garage remote	$368.76	Replace garage remote
Net award	$3,918.76
Total payable by Tenant to Landlord	$3,918.76

Order

The parties’ names and identifying details including the tenancy address must not be published.
The [tenant] must pay [the landlord] $3,918.76 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3560520014) to [the landlord] immediately. DescriptionLandlord Rent arrears to 20/01/2024$6,150.00 Replace garage remote$368.76 Total award$6,518.76 Bond$2,600.00 Total payable by Tenant to Landlord$3,918.76

Reasons

The hearing was conducted by audio call on Microsoft Teams.
Both parties attended the hearing.
The landlord applied for rent arrears. However, on 11 March 2024, further documents were uploaded to the file which indicated the tenancy had ended and the landlord wished to claim compensation for a remote, damage to a towel rail and wall, and a door.

How much is owed for rent?

The tenancy ended on 20 January 2024. The landlord provided rent records which proved the amount owing at the end of the tenancy. The tenant did not dispute the amount.

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

At the end of the tenancy the tenant must return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not return the garage remote which has lodged itself behind the tenant’s car’s dashboard.
The tenant agrees to pay the landlord $368.76 for replacing the remote and reprogramming the garage door opener if required.
The Tribunal orders accordingly.
The tenant did not leave the premises reasonably clean and tidy, and did not

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. 1 Residential Tenancies Act 1986, s40(1)(e).
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The landlord says the towel rack and a door were damaged during the tenancy. The tenant is adamant that the damage was already present when the tenancy began on 20 June 2023.
The landlord raised his claim on the day of the hearing. The Tribunal cannot decide the case because it is contested and neither the Tribunal nor the Tribunal have been given notice of the claim.
The landlord is at liberty to file a new application for these matters. Non-publication
The landlord seeks non-publication.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances. It follows, non-publication is ordered.
Under s 95A(4) of the Residential Tenancies Act 1986, the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the tenant’s name not be published.
In this case, the tenant has struggled to pay rent due to personal and economic circumstances beyond her control. She has accepted responsibility for the arrears and the loss of the remote and assured the landlord she will repay him. She is 62 years of age and has not been before the Tribunal before. She is a social worker and publication could have negative affect on her reputation which would be unjustified in the circumstances. I have regard to the tenant’s and the landlords’ interests. Most significantly in this case I find the public interest favours an order for non-publication because the tenant have been the victim of unfortunate circumstances. She has taken responsibility for the situation and is addressing it. Moreover, it would be a disproportionate disadvantage to face the likelihood of finding future rental premises due to publication at this time.
Therefore, non-publication of the tenant’s name and identifying details is also ordered.

Claims and awards in Tenancy Tribunal application 4792678 — net $3,918.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/01/2024	$6,150.00	Rent arrears to 20/01/2024
Replace garage remote	$368.76	Replace garage remote
Net award	$3,918.76
Total payable by Tenant to Landlord	$3,918.76

Order

The parties’ names and identifying details including the tenancy address must not be published.
The [tenant] must pay [the landlord] $3,918.76 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3560520014) to [the landlord] immediately. DescriptionLandlord Rent arrears to 20/01/2024$6,150.00 Replace garage remote$368.76 Total award$6,518.76 Bond$2,600.00 Total payable by Tenant to Landlord$3,918.76

Reasons

The hearing was conducted by audio call on Microsoft Teams.
Both parties attended the hearing.
The landlord applied for rent arrears. However, on 11 March 2024, further documents were uploaded to the file which indicated the tenancy had ended and the landlord wished to claim compensation for a remote, damage to a towel rail and wall, and a door.

How much is owed for rent?

The tenancy ended on 20 January 2024. The landlord provided rent records which proved the amount owing at the end of the tenancy. The tenant did not dispute the amount.

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

At the end of the tenancy the tenant must return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not return the garage remote which has lodged itself behind the tenant’s car’s dashboard.
The tenant agrees to pay the landlord $368.76 for replacing the remote and reprogramming the garage door opener if required.
The Tribunal orders accordingly.
The tenant did not leave the premises reasonably clean and tidy, and did not

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. 1 Residential Tenancies Act 1986, s40(1)(e).
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The landlord says the towel rack and a door were damaged during the tenancy. The tenant is adamant that the damage was already present when the tenancy began on 20 June 2023.
The landlord raised his claim on the day of the hearing. The Tribunal cannot decide the case because it is contested and neither the Tribunal nor the Tribunal have been given notice of the claim.
The landlord is at liberty to file a new application for these matters. Non-publication
The landlord seeks non-publication.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances. It follows, non-publication is ordered.
Under s 95A(4) of the Residential Tenancies Act 1986, the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the tenant’s name not be published.
In this case, the tenant has struggled to pay rent due to personal and economic circumstances beyond her control. She has accepted responsibility for the arrears and the loss of the remote and assured the landlord she will repay him. She is 62 years of age and has not been before the Tribunal before. She is a social worker and publication could have negative affect on her reputation which would be unjustified in the circumstances. I have regard to the tenant’s and the landlords’ interests. Most significantly in this case I find the public interest favours an order for non-publication because the tenant have been the victim of unfortunate circumstances. She has taken responsibility for the situation and is addressing it. Moreover, it would be a disproportionate disadvantage to face the likelihood of finding future rental premises due to publication at this time.
Therefore, non-publication of the tenant’s name and identifying details is also ordered.

Tenancy Tribunal case 4792678 — Rent arrears

At a glance

Tenancy Tribunal case 4792678 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their 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 their 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