What was Tenancy Tribunal case 4847087 about?

The tribunal order states: The tenancy of Fiona Pahi Tutakiau at Unit/Flat 2, 153 Old Wairoa Road,

How much money was awarded in case 4847087?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,972.75 awarded to landlord; Rent Arrears: $8,100.00 awarded to landlord; Water Rates: $879.54 awarded to landlord

What type of tenancy dispute was case 4847087?

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

Where can I read the official tribunal order for case 4847087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10383606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4847087 about?

The tribunal order states: The tenancy of Fiona Pahi Tutakiau at Unit/Flat 2, 153 Old Wairoa Road,

How much money was awarded in case 4847087?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,972.75 awarded to landlord; Rent Arrears: $8,100.00 awarded to landlord; Water Rates: $879.54 awarded to landlord

What type of tenancy dispute was case 4847087?

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

Where can I read the official tribunal order for case 4847087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10383606-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 153 Old Wairoa Road, Papakura, Papakura Tenancy Tribunal Case 4847087 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4847087 — net $9,172.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,100.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$879.54	Water rates
Repairs	$2,972.75	Repairs
Net award	$9,172.73
Total payable by Tenant to Landlord	$9,172.73

The tenancy of Fiona Pahi Tutakiau at Unit/Flat 2, 153 Old Wairoa Road, Papakura, Papakura 2110 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 29 th May 2024.

Fiona Pahi Tutakiau must pay [The landlord/s] $9,172.73 immediately for rent arrears to 29 May 2024, water bills, repairs and filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$8,100.00 Filing fee reimbursement$20.44 Water rates$879.54 Repairs$2,972.75 Total award$11,972.73 Minus Bond-$2,800.00 Total payable by Tenant to Landlord$9,172.73

The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears, water bills, repairs, reimbursement of the filing fee and refund of the bond. Termination:

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 tenancy is terminated at 11.59pm on Wednesday 29 th May 2024 and possession is granted to the landlord.

The landlord provided rent records which prove the amount of $8100.00 owing at the end of the tenancy on 29 th May 2024. Rent arrears:

The landlord has applied for rent arrears following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy is ending on 29 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The rent arrears as of 29 May 2024 are $8100.00 and the water bills are $879.54. The tenant acknowledges that she owes these amounts in rent arrears and water bills.

I am satisfied that the landlord has proven their claim for rent arrears and water bills. Repairs:

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.

The following damage was caused during the tenancy: -4 internal doors were smashed and damaged, needing to be replaced and repainted. -The Garage external cladding is damaged and needed to be replaced and repainted. -2 internal walls were smashed and damaged, requiring plastering and repainting. -2 broken windows needed replacing. -2 door stoppers needed to be replaced. -Skirting around lounge window needed to be replaced and repainted. -Replace missing heat remote.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provides a routine inspection report and photographs which showed the damage to the property. The tenant did not dispute that the damage has occurred to the property during her tenancy.

The landlord has provided a detailed repair invoice from MINTA Property Management Limited, dated 29 February 2024 for $2972.75 for the cost of the repairs.

I am satisfied that the landlord has proven their claim for damages and repairs to the property.

The amounts ordered are proved. Bond/Suppression/ Filing fee:

The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant to the landlord.

The landlord has applied for suppression of their name and details. As the landlord has been successful with their claims, I am granting suppression of her name and details.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4847087 — net $9,172.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,100.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$879.54	Water rates
Repairs	$2,972.75	Repairs
Net award	$9,172.73
Total payable by Tenant to Landlord	$9,172.73