What was Tenancy Tribunal case 4865042 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,506.50 immediately, calculated as

How much money was awarded in case 4865042?

Property Damage: $1,506.50 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord

What type of tenancy dispute was case 4865042?

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

Where can I read the official tribunal order for case 4865042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10310216-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4865042 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,506.50 immediately, calculated as

How much money was awarded in case 4865042?

Property Damage: $1,506.50 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord

What type of tenancy dispute was case 4865042?

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

Where can I read the official tribunal order for case 4865042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10310216-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4865042 — Rent arrears

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New Zealand Tenancy Tribunal Case 4865042 — 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 4865042 — net $4,506.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Window repairs	$1,506.50	Window repairs
Net award	$4,506.50
Total payable by Tenant to Landlord	$4,506.50

Claims and awards for application 4865042 — net $4,506.50 NZD. Verify on MoJ.

Rent arrears

Amount: $3,000.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $1,506.50
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $4,506.50

Total payable by Tenant to Landlord

Landlord $4,506.50

Claim types — money lines allowed on this order

Property damage Rent arrears

Order

[The tenant/s] must pay [The landlord/s] $4,506.50 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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 11 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy totalling $3,000 or 5 weeks. There was some confusion as payments had continued to the previous property manager, for a period after the landlord took over management. This confusion was compounded as the tenant’s former partner continued to live in the tenancy after the tenant had given notice. The tenant had moved out due to domestic issues with her former partner.

Is the tenant responsible for the damage to the premises?

At the end of the tenancy several windows and glazed door panels were discovered to have been broken. The tenant had arranged for the door panels to be fixed, however 6 broken panes remained including a broken ranchslider pane. Most of the windows were broken intentionally by the former partner, and the ranchslider was due to a careless accident.
A 4A 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 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. In this cvase the excess is $750 and the ranchslider pane is $660.
The damage is more than fair wear and tear, and the tenant has accepted liability for the damage.
The amounts ordered are proved.
There was a question about the bond, which is recorded on the lease as $2,400 but $1280 of which appeared to have been paid in a previous arrears application. The tenant advised that there had been confusion with WINZ at the start of the tenancy. I clarified with the bond centre that the bond was $1280 and had been paid in July 2023.

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 4865042 — net $4,506.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Window repairs	$1,506.50	Window repairs
Net award	$4,506.50
Total payable by Tenant to Landlord	$4,506.50

Claims and awards for application 4865042 — net $4,506.50 NZD. Verify on MoJ.

Rent arrears

Amount: $3,000.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $1,506.50
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $4,506.50

Total payable by Tenant to Landlord

Landlord $4,506.50

Claim types — money lines allowed on this order

Property damage Rent arrears

Order

[The tenant/s] must pay [The landlord/s] $4,506.50 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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 11 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy totalling $3,000 or 5 weeks. There was some confusion as payments had continued to the previous property manager, for a period after the landlord took over management. This confusion was compounded as the tenant’s former partner continued to live in the tenancy after the tenant had given notice. The tenant had moved out due to domestic issues with her former partner.

Is the tenant responsible for the damage to the premises?

At the end of the tenancy several windows and glazed door panels were discovered to have been broken. The tenant had arranged for the door panels to be fixed, however 6 broken panes remained including a broken ranchslider pane. Most of the windows were broken intentionally by the former partner, and the ranchslider was due to a careless accident.
A 4A 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 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. In this cvase the excess is $750 and the ranchslider pane is $660.
The damage is more than fair wear and tear, and the tenant has accepted liability for the damage.
The amounts ordered are proved.
There was a question about the bond, which is recorded on the lease as $2,400 but $1280 of which appeared to have been paid in a previous arrears application. The tenant advised that there had been confusion with WINZ at the start of the tenancy. I clarified with the bond centre that the bond was $1280 and had been paid in July 2023.

Tenancy Tribunal case 4865042 — Rent arrears

At a glance

Tenancy Tribunal case 4865042 — 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