What was Tenancy Tribunal case 4840001 about?

The tribunal order states: Amber Lieder must pay [The landlord/s] $381.02 immediately, calculated as

How much money was awarded in case 4840001?

Filing Fee: $20.44 awarded to landlord; Property Damage: $144.21 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Water Rates: $2,056.37 awarded to landlord

What type of tenancy dispute was case 4840001?

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

Where can I read the official tribunal order for case 4840001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487662-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4840001 about?

The tribunal order states: Amber Lieder must pay [The landlord/s] $381.02 immediately, calculated as

How much money was awarded in case 4840001?

Filing Fee: $20.44 awarded to landlord; Property Damage: $144.21 awarded to landlord; Rent Arrears: $240.00 awarded to landlord; Water Rates: $2,056.37 awarded to landlord

What type of tenancy dispute was case 4840001?

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

Where can I read the official tribunal order for case 4840001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487662-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4840001 — Rent arrears

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4840001 — 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 4840001 — net $381.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Water rates	$2,056.37	Water rates
Window repairs	$144.21	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$381.02
Total payable by Tenant to Landlord	$381.02

Claims and awards for application 4840001 — net $381.02 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $2,056.37
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $144.21
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $381.02

Total payable by Tenant to Landlord

Landlord $381.02

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Amber Lieder must pay [The landlord/s] $381.02 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call went to voicemail. The second call was not answered. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 and water rates?

The tenancy ended on 28 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $240.00 for rent and $2,056.37 for water rates.

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 and the policy of insurance has 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 window in the garage door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided an invoice for $144.21.
The amount ordered is proven.
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 hearing and suppression of the landlord name and 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 4840001 — net $381.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$240.00	Rent arrears
Water rates	$2,056.37	Water rates
Window repairs	$144.21	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$381.02
Total payable by Tenant to Landlord	$381.02

Claims and awards for application 4840001 — net $381.02 NZD. Verify on MoJ.

Rent arrears

Amount: $240.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $2,056.37
Awarded to: Landlord
Reason: Water rates

Window repairs

Amount: $144.21
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $381.02

Total payable by Tenant to Landlord

Landlord $381.02

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Amber Lieder must pay [The landlord/s] $381.02 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call went to voicemail. The second call was not answered. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 and water rates?

The tenancy ended on 28 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $240.00 for rent and $2,056.37 for water rates.

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 and the policy of insurance has 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 window in the garage door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided an invoice for $144.21.
The amount ordered is proven.
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 hearing and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4840001 — Rent arrears

At a glance

Tenancy Tribunal case 4840001 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions