What was Tenancy Tribunal case 4830921 about?

The tribunal order states: The tenancy of Siteri Nasau Khan and Mohit Gahalyan at [Tenancy address

How much money was awarded in case 4830921?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,850.00 awarded to landlord; Replace Door: $920.00 awarded to landlord

What type of tenancy dispute was case 4830921?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4830921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10229304-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4830921 about?

The tribunal order states: The tenancy of Siteri Nasau Khan and Mohit Gahalyan at [Tenancy address

How much money was awarded in case 4830921?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,850.00 awarded to landlord; Replace Door: $920.00 awarded to landlord

What type of tenancy dispute was case 4830921?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4830921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10229304-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4830921 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4830921 — net $4,710.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,850.00	Rent arrears
Replace door	$920.00	ates that the cost will be $800.00 – $1,000 plus GST. I order the tenant to pay $920.00 being the lower amount.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,710.44
Total payable by Tenant to Landlord	$4,710.44

The tenancy of Siteri Nasau Khan and Mohit Gahalyan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Siteri Nasau Khan and Mohit Gahalyan must pay [The landlord/s] $4,710.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy is $5,850.00.

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. A door has been removed during the tenancy. In my view this is an intentional act by the tenant. The landlord provided a quote for a replacement door. The quote indicates that the cost will be $800.00 – $1,000 plus GST. I order the tenant to pay $920.00 being the lower amount.

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.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful, and suppression is ordered.

Claims and awards in Tenancy Tribunal application 4830921 — net $4,710.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,850.00	Rent arrears
Replace door	$920.00	ates that the cost will be $800.00 – $1,000 plus GST. I order the tenant to pay $920.00 being the lower amount.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,710.44
Total payable by Tenant to Landlord	$4,710.44

Order

The tenancy of Siteri Nasau Khan and Mohit Gahalyan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Siteri Nasau Khan and Mohit Gahalyan must pay [The landlord/s] $4,710.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy is $5,850.00.

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. A door has been removed during the tenancy. In my view this is an intentional act by the tenant. The landlord provided a quote for a replacement door. The quote indicates that the cost will be $800.00 – $1,000 plus GST. I order the tenant to pay $920.00 being the lower amount.
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.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful, and suppression is ordered.

Tenancy Tribunal case 4830921 — Rent arrears

At a glance

Tenancy Tribunal case 4830921 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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 the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions