What was Tenancy Tribunal case 4863422 about?

The tribunal order states: Heremia Topia must pay [The landlord/s] $681.41 immediately, calculated as

How much money was awarded in case 4863422?

Filing Fee: $20.44 awarded to landlord; Property Damage: $192.05 awarded to landlord; Rent Arrears: $381.43 awarded to landlord; Water Rates: $443.49 awarded to landlord

What type of tenancy dispute was case 4863422?

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

Where can I read the official tribunal order for case 4863422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10464177-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4863422 about?

The tribunal order states: Heremia Topia must pay [The landlord/s] $681.41 immediately, calculated as

How much money was awarded in case 4863422?

Filing Fee: $20.44 awarded to landlord; Property Damage: $192.05 awarded to landlord; Rent Arrears: $381.43 awarded to landlord; Water Rates: $443.49 awarded to landlord

What type of tenancy dispute was case 4863422?

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

Where can I read the official tribunal order for case 4863422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10464177-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4863422 — Rent arrears

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New Zealand Tenancy Tribunal Case 4863422 — 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 4863422 — net $681.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2024	$381.43	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$443.49	Water rates
Lock/key replacement	$192.05	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$681.41
Total payable by Tenant to Landlord	$681.41

Claims and awards for application 4863422 — net $681.41 NZD. Verify on MoJ.

Rent arrears to 27 March 2024

Amount: $381.43
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $443.49
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $192.05
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $681.41

Total payable by Tenant to Landlord

Landlord $681.41

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Heremia Topia must pay [The landlord/s] $681.41 immediately, calculated as shown in table below.
The Bond Centre shall pay the Landlord $356.00 immediately.

Reasons

The Landlord attended the hearing. The Tenant failed to appear.
The landlord has applied for rent arrears, water rates 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 arrears?

The tenancy ended on 27 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $381.43 for rent and $443.49 for water.

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: Damage to the front door lock. An invoice was provided to prove the damage to the lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

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 4863422 — net $681.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2024	$381.43	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$443.49	Water rates
Lock/key replacement	$192.05	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$681.41
Total payable by Tenant to Landlord	$681.41

Claims and awards for application 4863422 — net $681.41 NZD. Verify on MoJ.

Rent arrears to 27 March 2024

Amount: $381.43
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $443.49
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $192.05
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $681.41

Total payable by Tenant to Landlord

Landlord $681.41

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Heremia Topia must pay [The landlord/s] $681.41 immediately, calculated as shown in table below.
The Bond Centre shall pay the Landlord $356.00 immediately.

Reasons

The Landlord attended the hearing. The Tenant failed to appear.
The landlord has applied for rent arrears, water rates 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 arrears?

The tenancy ended on 27 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $381.43 for rent and $443.49 for water.

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: Damage to the front door lock. An invoice was provided to prove the damage to the lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4863422 — Rent arrears

At a glance

Tenancy Tribunal case 4863422 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions