What was the outcome of Tenancy Tribunal case 4861862?

The tribunal order states: Melissa Gutschlag must pay Maria Jane Wharrie $3,731.25 immediately,

How much money was awarded in case 4861862?

Filing Fee: $20.44 awarded to landlord; Property Damage: $210.81 awarded to landlord; Rent Arrears: $3,500.00 awarded to landlord

What type of tenancy dispute was case 4861862?

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

Where can I read the official tribunal order for case 4861862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10656093-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4861862?

The tribunal order states: Melissa Gutschlag must pay Maria Jane Wharrie $3,731.25 immediately,

How much money was awarded in case 4861862?

Filing Fee: $20.44 awarded to landlord; Property Damage: $210.81 awarded to landlord; Rent Arrears: $3,500.00 awarded to landlord

What type of tenancy dispute was case 4861862?

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

Where can I read the official tribunal order for case 4861862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10656093-Tribunal_Order.pdf.

1238 Cunningham Crescent, Mayfair, Hastings 4122 Tenancy Tribunal Case 4861862 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

1238 Cunningham Crescent, Mayfair, Hastings 4122 Tenancy Tribunal Case 4861862 — 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 4861862 — net $3,731.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.8.23	$3,500.00	Rent arrears to 15.8.23
Window repairs	$210.81	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,731.25
Total payable by Tenant to Landlord	$3,731.25

Claims and awards for application 4861862 — net $3,731.25 NZD. Verify on MoJ.

Rent arrears to 15.8.23

Amount: $3,500.00
Awarded to: Landlord
Reason: Rent arrears to 15.8.23

Window repairs

Amount: $210.81
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $3,731.25

Total payable by Tenant to Landlord

Landlord $3,731.25

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Melissa Gutschlag must pay Maria Jane Wharrie $3,731.25 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
Today’s hearing was scheduled as a videoconference, but for technical reasons proceeded as a teleconference hearing of the landlord’s application (4861862) for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant’s cross application (4794009) was dismissed in the Tribunal’s Order dated 5 June 2024, for the reasons given in that Order.
The tenant did not join the videoconference through the link provided to her and was unable to be contacted by phone.

How much is owed for rent?

The tenancy began on 27 June 2023. No rent or bond was paid.
The landlord’s evidence is that Ms Gutshlag herself vacated earlier, but her partner remained in occupation of the premises until 15 August 2023.
In terms of s.41 RTA, a tenant is responsible for anything done by any person who is in the premises with the tenant’s permission.
The landlord says she can be sure the tenant’s partner was there with the tenant’s permission because the landlord tried to have a trespass notice served on him, but that could not be done because the tenant told the police he had her permission to be there.
The tenant is accordingly liable for rent during the period that she and/ or her partner occupied the premises.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
Photographs provided by the landlord show that the premises were not leaf reasonably clean and tidy and that some rubbish was left.

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.
Photographs provided by the landlord show that that a pane in the door glass was broken during the tenancy and a sink was dislodged from the wall.
The cost of having the window repaired is proved by the invoice provided.
The landlord does not pursue her other claims today but is free to bring a further application in respect of those matters if she chooses and is in a position to prove the loss caused by those breaches.
Because Maria Jane Wharrie has succeeded with the claim I must reimburse 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 4861862 — net $3,731.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.8.23	$3,500.00	Rent arrears to 15.8.23
Window repairs	$210.81	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,731.25
Total payable by Tenant to Landlord	$3,731.25

Claims and awards for application 4861862 — net $3,731.25 NZD. Verify on MoJ.

Rent arrears to 15.8.23

Amount: $3,500.00
Awarded to: Landlord
Reason: Rent arrears to 15.8.23

Window repairs

Amount: $210.81
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $3,731.25

Total payable by Tenant to Landlord

Landlord $3,731.25

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Melissa Gutschlag must pay Maria Jane Wharrie $3,731.25 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
Today’s hearing was scheduled as a videoconference, but for technical reasons proceeded as a teleconference hearing of the landlord’s application (4861862) for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant’s cross application (4794009) was dismissed in the Tribunal’s Order dated 5 June 2024, for the reasons given in that Order.
The tenant did not join the videoconference through the link provided to her and was unable to be contacted by phone.

How much is owed for rent?

The tenancy began on 27 June 2023. No rent or bond was paid.
The landlord’s evidence is that Ms Gutshlag herself vacated earlier, but her partner remained in occupation of the premises until 15 August 2023.
In terms of s.41 RTA, a tenant is responsible for anything done by any person who is in the premises with the tenant’s permission.
The landlord says she can be sure the tenant’s partner was there with the tenant’s permission because the landlord tried to have a trespass notice served on him, but that could not be done because the tenant told the police he had her permission to be there.
The tenant is accordingly liable for rent during the period that she and/ or her partner occupied the premises.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
Photographs provided by the landlord show that the premises were not leaf reasonably clean and tidy and that some rubbish was left.

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.
Photographs provided by the landlord show that that a pane in the door glass was broken during the tenancy and a sink was dislodged from the wall.
The cost of having the window repaired is proved by the invoice provided.
The landlord does not pursue her other claims today but is free to bring a further application in respect of those matters if she chooses and is in a position to prove the loss caused by those breaches.
Because Maria Jane Wharrie has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4861862 — Rent arrears at 1238 Cunningham Crescent, Mayfair, Hastings 4122

At a glance

Tenancy Tribunal case 4861862 — Rent arrears at 1238 Cunningham Crescent, Mayfair, Hastings 4122

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions