What was Tenancy Tribunal case 4863723 about?

The tribunal order states: Carl Kati and Darien Kati to pay [The landlord/s] $971.00 from the bond,

How much money was awarded in case 4863723?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $804.29 awarded to landlord; Property Damage: $146.27 awarded to landlord

What type of tenancy dispute was case 4863723?

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

Where can I read the official tribunal order for case 4863723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503536-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4863723 about?

The tribunal order states: Carl Kati and Darien Kati to pay [The landlord/s] $971.00 from the bond,

How much money was awarded in case 4863723?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $804.29 awarded to landlord; Property Damage: $146.27 awarded to landlord

What type of tenancy dispute was case 4863723?

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

Where can I read the official tribunal order for case 4863723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503536-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4863723 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4863723 — net $971.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2023	$804.29	Rent arrears to 21 November 2023
Repairs: Remaining balance of glass repair	$146.27	Repairs: Remaining balance of glass repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$971.00
Total payable by Tenant to Landlord	$971.00

[The landlord’s representative] attended the hearing remotely as the agent for the landlord.

Mr. and Mrs. Kati were not present at the hearing. I tried to call them on the cell phone numbers provided in the landlord’s application form twice. Both times, my calls went straight to voicemail without ringing, so I left a voicemail message.

The hearing proceeded in the tenant’s absence.

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?

The tenancy ended on 21 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The remaining balance of the glass repair invoice

I have not seen any evidence that the tenant damaged the glass, and I understand no evidence is available either because the repair has been done.

However, [The landlord’s representative] submitted evidence that the tenant paid $500 towards the total invoice of $647.27 on two separate payments. [The landlord’s representative] said that the landlord is seeking the remaining balance of $146.27.

I acknowledge that [The landlord’s representative] has not provided evidence of actual damage to the glass. However, she has submitted evidence that the tenant paid $500 towards the glass repair. Based on that, I am satisfied that the tenant accepted responsibility for the damage to the glass.

Accordingly, the tenant must pay the balance of the glass repair invoice to the landlord.

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 landlord’s representative] submitted a handyman invoice showing the cost of repair damage to the walls and the absence of all lightbulbs at the address.

But there was no photo evidence for me to make an independent assessment of the damage and if the amount claimed was appropriate.

I informed [The landlord’s representative] that I would not accept the handyman's invoice as the evidential basis for awarding compensation in favour of the landlord. If I did, I would be speculating about the extent of the damage. [The landlord’s representative] responsibly acknowledged so.

Accordingly, I dismiss the landlord’s claim for the handyman’s invoice. Filing fee

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

Reasons

Claims and awards in Tenancy Tribunal application 4863723 — net $971.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2023	$804.29	Rent arrears to 21 November 2023
Repairs: Remaining balance of glass repair	$146.27	Repairs: Remaining balance of glass repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$971.00
Total payable by Tenant to Landlord	$971.00

[The landlord’s representative] attended the hearing remotely as the agent for the landlord.

The hearing proceeded in the tenant’s absence.

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?

I have not seen any evidence that the tenant damaged the glass, and I understand no evidence is available either because the repair has been done.

Accordingly, the tenant must pay the balance of the glass repair invoice to the landlord.

Is the tenant responsible for the damage to the premises?

[The landlord’s representative] submitted a handyman invoice showing the cost of repair damage to the walls and the absence of all lightbulbs at the address.

But there was no photo evidence for me to make an independent assessment of the damage and if the amount claimed was appropriate.

Accordingly, I dismiss the landlord’s claim for the handyman’s invoice. Filing fee

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

Tenancy Tribunal case 4863723 — Rent arrears

At a glance

Tenancy Tribunal case 4863723 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions