What was the outcome of Tenancy Tribunal case 4811041?

The tribunal order states: Ilisapeci Ramotu must pay Property Brokers Hawkes Bay Limited $1,417.58

How much money was awarded in case 4811041?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,537.14 awarded to landlord

What type of tenancy dispute was case 4811041?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4811041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618677-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4811041?

The tribunal order states: Ilisapeci Ramotu must pay Property Brokers Hawkes Bay Limited $1,417.58

How much money was awarded in case 4811041?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,537.14 awarded to landlord

What type of tenancy dispute was case 4811041?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4811041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618677-Tenancy_Tribunal_Order.pdf.

106 Black Street, Wairoa, Wairoa 4108 Tenancy Tribunal Case 4811041 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4811041 — net $1,417.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12.2.24	$1,537.14	Rent arrears to 12.2.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,417.58
Total payable by Tenant to Landlord	$1,417.58

The landlord attended the hearing by remote teleconference. An attempt was made to contact the tenant on the telephone number provided however the call went unanswered to voicemail.

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?

The tenancy ended on 12 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger just prior to the hearing today. Having sighted these documents I am satisfied that tenant is responsible for this debt.

The amount ordered is proved.

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.

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. Plumbers Invoice and Window Repair Invoice:

The landlord claims compensation for a broken window along with a plumber’s invoice for an issue with the toilet.

In order to succeed with these claims the landlord needed to provide further evidence in the form of entry and exit photographs. I would also have expected photographic evidence of the window and toilet in support of these claims. Unfortunately, the landlord has only provided an invoice for each claim. Without proper evidence in support I cannot be satisfied that the tenant is responsible for this alleged damage.

The claims in respect of the broken window and toilet must be dismissed.

Because Property Brokers Hawkes Bay Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4811041 — net $1,417.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12.2.24	$1,537.14	Rent arrears to 12.2.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,417.58
Total payable by Tenant to Landlord	$1,417.58

Order

Ilisapeci Ramotu must pay Property Brokers Hawkes Bay Limited $1,417.58 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $140.00 (3089279-005) to Property Brokers Hawkes Bay Limited immediately.

Reasons

The landlord attended the hearing by remote teleconference. An attempt was made to contact the tenant on the telephone number provided however the call went unanswered to voicemail.
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?

The tenancy ended on 12 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger just prior to the hearing today. Having sighted these documents I am satisfied that tenant is responsible for this debt.
The amount ordered is proved.

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.
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. Plumbers Invoice and Window Repair Invoice:
The landlord claims compensation for a broken window along with a plumber’s invoice for an issue with the toilet.
In order to succeed with these claims the landlord needed to provide further evidence in the form of entry and exit photographs. I would also have expected photographic evidence of the window and toilet in support of these claims. Unfortunately, the landlord has only provided an invoice for each claim. Without proper evidence in support I cannot be satisfied that the tenant is responsible for this alleged damage.
The claims in respect of the broken window and toilet must be dismissed.
Because Property Brokers Hawkes Bay Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4811041 — Rent arrears at 106 Black Street, Wairoa, Wairoa 4108

At a glance

Tenancy Tribunal case 4811041 — Rent arrears at 106 Black Street, Wairoa, Wairoa 4108

At a glance

Award balance

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

Property management

Frequently asked questions

Award balance

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

Property management

Frequently asked questions