What was Tenancy Tribunal case 4858944 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 2, 67 Old Onerahi Road,

How much money was awarded in case 4858944?

Filing Fee: $20.44 awarded to landlord; Property Damage: $929.87 awarded to landlord; Water Rates: $221.49 awarded to landlord

What type of tenancy dispute was case 4858944?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4858944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10428672-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4858944 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 2, 67 Old Onerahi Road,

How much money was awarded in case 4858944?

Filing Fee: $20.44 awarded to landlord; Property Damage: $929.87 awarded to landlord; Water Rates: $221.49 awarded to landlord

What type of tenancy dispute was case 4858944?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4858944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10428672-Tenancy_Tribunal_Order.pdf.

Unit 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 Tenancy Tribunal Case 4858944 — Property damage

Claims and awards in Tenancy Tribunal application 4858944 — net $603.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$221.49	3. HFF’s application seeks termination of the tenancy, water rates arrears, and the cost of repairing damage to a wall.
Repairs: Damage to walls and door	$929.87	Repairs: Damage to walls and door
Filing fee reimbursement	$20.44	25. The repair cost claimed is proven and is fair and reasonable.
Net award	$603.80
Total payable by Tenant to Landlord	$603.80

Order

The tenancy of [The tenant/s] at Unit 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 is terminated, and possession is granted to Habitat For Humanity Northern Region Limited, immediately.
The Bond Centre is to pay the bond of $568.00 (6485596-001) to Habitat For Humanity Northern Region Limited immediately.
[The tenant/s] must pay Habitat For Humanity Northern Region Limited $603.80 immediately, calculated as shown in the table below:

Reasons

Background

The tenancy began in March 2023.
The unit is one of ten on a shared driveway. Habitat for Humanity (“HFH”), a social housing provider, owns / manages all of the units.
HFF’s application seeks termination of the tenancy, water rates arrears, and the cost of repairing damage to a wall.
The hearing took place at the Whangarei Courts on 7 June 2024. Ms Dickson represented HFH at the hearing. There was no appearance by the tenant. Termination of the tenancy
The landlord seeks termination on the grounds of: a. Anti-social behaviour 1 . b. Breach of the terms of the tenancy agreement and / or the Residential Tenancies Act 1986 2 . c. Abandonment 3 . a. Anti-social behaviour
The Tribunal may make an order terminating the tenancy if: a. On three separate occasions within a 90-day period the tenant, or a person who is at the premises with the tenant’s permission, engaged in anti-social behaviour; and b. On each occasion the landlord sent the tenant a notice about the anti- social behaviour. The notice must contain certain information.
Anti-social behaviour is: a. Harassment; or b. Any other act of omission that reasonably causes alarm, distress, or nuisance that is more than minimal.
Ms Dickson submitted that there were no issues with the tenancy until around November 2023. She then began receiving complaints from several neighbours about arguing, excess numbers of people and vehicles at the property, and threatening behaviour.
HFH issued anti-social behaviour notices on 9 April, 16 April, 17 April, and 4 June 2024. 1 Section 55A Residential Tenancies Act 1986 (“RTA”) 2 Section 56 RTA 3 Section 61 RTA
The 16 April notice related to an incident on 11 April that involved Ms Dickson. Ms Dickson and two colleagues were at the premises for a re-inspection after a breach notice. They were aggressively confronted by a male and female (not Ms Tana). They seemed to be living at the property. During the conversation the female said that she was paying the rent.
Ms Dickson did not witness the other incidents detailed in the anti-social behaviour notices. Those notices are based on verbal statements from other residents. b. Breach
The Tribunal may make an order terminating a tenancy if: a. The tenant breaches a term of the tenancy agreement or of the RTA; and b. In the case of a breach that is capable of being remedied, the landlord has issued the tenant a notice describing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination.
Ms Dickson provided evidence establishing that Ms Tana breached the terms of the tenancy and / or the RTA by: a. Not paying her water rates. Tenants are obliged to pay all outgoings, including water 4 . Water rates are outstanding for the period from 24 July 2023 to 5 February 2024. b. Causing damage to the premises. Tenants are legally liable for damage (beyond fair and tear) caused by themselves or by anyone who is at the premises with their consent 5 . In or around November 2023 HFH discovered damage to a wall in the premises. The damage is consistent with the wall being punched. c. Subletting the premises. As a social housing provider, HFH is entitled to have a clause in its tenancy agreements prohibiting subletting 6 . There is such a clause in this tenancy agreement. It appears that Ms Tana is no longer residing at the premises but other persons are residing there with her consent, and “paying the rent”. 4 Section 39 RTA 5 Section 49B RTA 6 Section 43A(2) RTA
HFH issued breach notices in respect of the damage to the wall and to the subletting. The breaches were not remedied within the notice period. c. Abandonment
The Tribunal may make an order terminating the tenancy if the tenant has abandoned the premises and the rent is in arrears.
The rent is not in arrears in this instance. Termination - outcome
The claim for termination on the grounds of breach, and of anti-social behaviour, is proven.
The most serious breach is the tenant subletting the premises. HFH has a duty to ensure that it allocates limited housing stock to those in the most need. If Ms Dickson is no longer residing permanently at the premises, which it appears that she is not, it would be inequitable to refuse HFH’s request for termination.
Although I do not have direct evidence about the anti-social behaviour incidents, apart from the incident on 11 April, Ms Tana did not dispute or challenge the notices when they were issued, and Ms Tana did not attend the hearing today to give her version of events in terms of those incidents.
The tenancy is terminated. Water rates
Water rates are owed for the period from 24 July 2023 to 5 February 2024 per the Whangarei District Council invoice.
Tenants are only liable for the consumption part of the invoice, not the supply charge 7 . Repairs
Ms Dickson provided photographs showing holes in several walls, and repairs to a door that was damaged. Ms Dickson provided a copy of the invoice for the repair.
The damage occurred during the tenancy and is beyond fair wear and tear.
The repair cost claimed is proven and is fair and reasonable. 7 Section 39(1)(a) RTA Filing fee, bond
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The proven claim exceeds the amount of the bond. The tenancy has now ended. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4858944 — net $603.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$221.49	3. HFF’s application seeks termination of the tenancy, water rates arrears, and the cost of repairing damage to a wall.
Repairs: Damage to walls and door	$929.87	Repairs: Damage to walls and door
Filing fee reimbursement	$20.44	25. The repair cost claimed is proven and is fair and reasonable.
Net award	$603.80
Total payable by Tenant to Landlord	$603.80

Order

The tenancy of [The tenant/s] at Unit 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 is terminated, and possession is granted to Habitat For Humanity Northern Region Limited, immediately.
The Bond Centre is to pay the bond of $568.00 (6485596-001) to Habitat For Humanity Northern Region Limited immediately.
[The tenant/s] must pay Habitat For Humanity Northern Region Limited $603.80 immediately, calculated as shown in the table below:

Reasons

Background

The tenancy began in March 2023.
The unit is one of ten on a shared driveway. Habitat for Humanity (“HFH”), a social housing provider, owns / manages all of the units.
HFF’s application seeks termination of the tenancy, water rates arrears, and the cost of repairing damage to a wall.
The hearing took place at the Whangarei Courts on 7 June 2024. Ms Dickson represented HFH at the hearing. There was no appearance by the tenant. Termination of the tenancy
The landlord seeks termination on the grounds of: a. Anti-social behaviour 1 . b. Breach of the terms of the tenancy agreement and / or the Residential Tenancies Act 1986 2 . c. Abandonment 3 . a. Anti-social behaviour
The Tribunal may make an order terminating the tenancy if: a. On three separate occasions within a 90-day period the tenant, or a person who is at the premises with the tenant’s permission, engaged in anti-social behaviour; and b. On each occasion the landlord sent the tenant a notice about the anti- social behaviour. The notice must contain certain information.
Anti-social behaviour is: a. Harassment; or b. Any other act of omission that reasonably causes alarm, distress, or nuisance that is more than minimal.
Ms Dickson submitted that there were no issues with the tenancy until around November 2023. She then began receiving complaints from several neighbours about arguing, excess numbers of people and vehicles at the property, and threatening behaviour.
HFH issued anti-social behaviour notices on 9 April, 16 April, 17 April, and 4 June 2024. 1 Section 55A Residential Tenancies Act 1986 (“RTA”) 2 Section 56 RTA 3 Section 61 RTA
The 16 April notice related to an incident on 11 April that involved Ms Dickson. Ms Dickson and two colleagues were at the premises for a re-inspection after a breach notice. They were aggressively confronted by a male and female (not Ms Tana). They seemed to be living at the property. During the conversation the female said that she was paying the rent.
Ms Dickson did not witness the other incidents detailed in the anti-social behaviour notices. Those notices are based on verbal statements from other residents. b. Breach
The Tribunal may make an order terminating a tenancy if: a. The tenant breaches a term of the tenancy agreement or of the RTA; and b. In the case of a breach that is capable of being remedied, the landlord has issued the tenant a notice describing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination.
Ms Dickson provided evidence establishing that Ms Tana breached the terms of the tenancy and / or the RTA by: a. Not paying her water rates. Tenants are obliged to pay all outgoings, including water 4 . Water rates are outstanding for the period from 24 July 2023 to 5 February 2024. b. Causing damage to the premises. Tenants are legally liable for damage (beyond fair and tear) caused by themselves or by anyone who is at the premises with their consent 5 . In or around November 2023 HFH discovered damage to a wall in the premises. The damage is consistent with the wall being punched. c. Subletting the premises. As a social housing provider, HFH is entitled to have a clause in its tenancy agreements prohibiting subletting 6 . There is such a clause in this tenancy agreement. It appears that Ms Tana is no longer residing at the premises but other persons are residing there with her consent, and “paying the rent”. 4 Section 39 RTA 5 Section 49B RTA 6 Section 43A(2) RTA
HFH issued breach notices in respect of the damage to the wall and to the subletting. The breaches were not remedied within the notice period. c. Abandonment
The Tribunal may make an order terminating the tenancy if the tenant has abandoned the premises and the rent is in arrears.
The rent is not in arrears in this instance. Termination - outcome
The claim for termination on the grounds of breach, and of anti-social behaviour, is proven.
The most serious breach is the tenant subletting the premises. HFH has a duty to ensure that it allocates limited housing stock to those in the most need. If Ms Dickson is no longer residing permanently at the premises, which it appears that she is not, it would be inequitable to refuse HFH’s request for termination.
Although I do not have direct evidence about the anti-social behaviour incidents, apart from the incident on 11 April, Ms Tana did not dispute or challenge the notices when they were issued, and Ms Tana did not attend the hearing today to give her version of events in terms of those incidents.
The tenancy is terminated. Water rates
Water rates are owed for the period from 24 July 2023 to 5 February 2024 per the Whangarei District Council invoice.
Tenants are only liable for the consumption part of the invoice, not the supply charge 7 . Repairs
Ms Dickson provided photographs showing holes in several walls, and repairs to a door that was damaged. Ms Dickson provided a copy of the invoice for the repair.
The damage occurred during the tenancy and is beyond fair wear and tear.
The repair cost claimed is proven and is fair and reasonable. 7 Section 39(1)(a) RTA Filing fee, bond
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The proven claim exceeds the amount of the bond. The tenancy has now ended. The bond will be released to the landlord.

Tenancy Tribunal case 4858944 — Property damage at Unit 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 4858944 — Property damage at Unit 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions