What was Tenancy Tribunal case 4833857 about?

The tribunal order states: The tenancy of Siteri Khan at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4833857?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $3,908.57 awarded to landlord; Shower Tray And Vanity: $313.39 awarded to landlord

What type of tenancy dispute was case 4833857?

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

Where can I read the official tribunal order for case 4833857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10229771-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4833857 about?

The tribunal order states: The tenancy of Siteri Khan at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4833857?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $3,908.57 awarded to landlord; Shower Tray And Vanity: $313.39 awarded to landlord

What type of tenancy dispute was case 4833857?

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

Where can I read the official tribunal order for case 4833857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10229771-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4833857 — Rent arrears

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New Zealand Tenancy Tribunal Case 4833857 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4833857 — net $2,822.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,908.57	Rent arrears
Repairs: Shower tray and vanity	$313.39	15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
Replace shower tray insurance excess	$500.00	15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,822.40
Total payable by Tenant to Landlord	$2,822.40

Claims and awards for application 4833857 — net $2,822.40 NZD. Verify on MoJ.

Rent arrears

Amount: $3,908.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Shower tray and vanity

Amount: $313.39
Awarded to: Landlord
Reason: 15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.

Replace shower tray insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: 15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,822.40

Total payable by Tenant to Landlord

Landlord $2,822.40

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Siteri Khan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s]immediately.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Siteri Khan must pay [The landlord/s] $2,822.40 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,577.14.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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. The landlord is insured. The policy of insurance carries an excess of $500.00.
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 following damage was caused during the tenancy: A bathroom vanity and the shower tray were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided photos of the damage and two invoices. The first invoice is from a plumber. The invoice is for $313.39 and is for the repair of the vanity and a temporary repair to the shower tray. A replacement shower tray will be required. The costs for the replacement is $933.50. The landlord insurance excess on that claim is $500.00.
The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
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 in this matter and suppression of the landlord details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4833857 — net $2,822.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,908.57	Rent arrears
Repairs: Shower tray and vanity	$313.39	15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
Replace shower tray insurance excess	$500.00	15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,822.40
Total payable by Tenant to Landlord	$2,822.40

Claims and awards for application 4833857 — net $2,822.40 NZD. Verify on MoJ.

Rent arrears

Amount: $3,908.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Shower tray and vanity

Amount: $313.39
Awarded to: Landlord
Reason: 15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.

Replace shower tray insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: 15. The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,822.40

Total payable by Tenant to Landlord

Landlord $2,822.40

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Siteri Khan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s]immediately.
The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Siteri Khan must pay [The landlord/s] $2,822.40 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,577.14.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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. The landlord is insured. The policy of insurance carries an excess of $500.00.
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 following damage was caused during the tenancy: A bathroom vanity and the shower tray were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided photos of the damage and two invoices. The first invoice is from a plumber. The invoice is for $313.39 and is for the repair of the vanity and a temporary repair to the shower tray. A replacement shower tray will be required. The costs for the replacement is $933.50. The landlord insurance excess on that claim is $500.00.
The amounts ordered are proved and the tenant is ordered to pay $313.39 and $500.00.
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 in this matter and suppression of the landlord details is ordered.

Tenancy Tribunal case 4833857 — Rent arrears

At a glance

Tenancy Tribunal case 4833857 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions