What was the outcome of Tenancy Tribunal case 4839935?

The tribunal order states: Johan Wiremu Kingi must pay Oxygen.Co.Nz Limited As Agent For Stewart

How much money was awarded in case 4839935?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $5,714.29 awarded to landlord

What type of tenancy dispute was case 4839935?

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

Where can I read the official tribunal order for case 4839935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10751062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839935?

The tribunal order states: Johan Wiremu Kingi must pay Oxygen.Co.Nz Limited As Agent For Stewart

How much money was awarded in case 4839935?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $5,714.29 awarded to landlord

What type of tenancy dispute was case 4839935?

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

Where can I read the official tribunal order for case 4839935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10751062-Tenancy_Tribunal_Order.pdf.

Unit/Flat 117, 74 Taranaki Street, Te Aro, Wellington 6011, Tenancy Tribunal Case 4839935 — Rent arrears

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Unit/Flat 117, 74 Taranaki Street, Te Aro, Wellington 6011, Tenancy Tribunal Case 4839935 — 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 4839935 — net $4,734.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2024	$5,714.29	Rent arrears to 13 June 2024
Insurance excess for repairs	$1,000.00	Insurance excess for repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,734.73
Total payable by Tenant to Landlord	$4,734.73

Claims and awards for application 4839935 — net $4,734.73 NZD. Verify on MoJ.

Rent arrears to 13 June 2024

Amount: $5,714.29
Awarded to: Landlord
Reason: Rent arrears to 13 June 2024

Insurance excess for repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess for repairs

Filing fee reimbursement

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

Net award

Landlord $4,734.73

Total payable by Tenant to Landlord

Landlord $4,734.73

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Johan Wiremu Kingi must pay Oxygen.Co.Nz Limited As Agent For Stewart Dromgool Trust $4,734.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5769568-010) to Oxygen.Co.Nz Limited As Agent For Stewart Dromgool Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to his telephone.
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?

I have seen the tenancy agreement for the new tenant. I find this fixed term tenancy ended on 13 June 2024. The landlord provided rent records which prove the amount owing at 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 Residential Tenancies Act (RTA) 1986.
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. See section 49B(3)(a) 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 said there was damage to walls during the tenancy. The tenant has not disproved liability for the damage. The insurance company has agreed to cover the cost of the repairs and the insurance excess is $1000. The landlord’s claim is limited to the excess. The amount ordered is proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4839935 — net $4,734.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2024	$5,714.29	Rent arrears to 13 June 2024
Insurance excess for repairs	$1,000.00	Insurance excess for repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,734.73
Total payable by Tenant to Landlord	$4,734.73

Claims and awards for application 4839935 — net $4,734.73 NZD. Verify on MoJ.

Rent arrears to 13 June 2024

Amount: $5,714.29
Awarded to: Landlord
Reason: Rent arrears to 13 June 2024

Insurance excess for repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess for repairs

Filing fee reimbursement

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

Net award

Landlord $4,734.73

Total payable by Tenant to Landlord

Landlord $4,734.73

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Johan Wiremu Kingi must pay Oxygen.Co.Nz Limited As Agent For Stewart Dromgool Trust $4,734.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5769568-010) to Oxygen.Co.Nz Limited As Agent For Stewart Dromgool Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to his telephone.
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?

I have seen the tenancy agreement for the new tenant. I find this fixed term tenancy ended on 13 June 2024. The landlord provided rent records which prove the amount owing at 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 Residential Tenancies Act (RTA) 1986.
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. See section 49B(3)(a) 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 said there was damage to walls during the tenancy. The tenant has not disproved liability for the damage. The insurance company has agreed to cover the cost of the repairs and the insurance excess is $1000. The landlord’s claim is limited to the excess. The amount ordered is proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4839935 — Rent arrears at Unit/Flat 117, 74 Taranaki Street, Te Aro, Wellington 6011,

At a glance

Tenancy Tribunal case 4839935 — Rent arrears at Unit/Flat 117, 74 Taranaki Street, Te Aro, Wellington 6011,

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