What was the outcome of Tenancy Tribunal case 4867206?

The tribunal order states: The tenancy of Michael Lawrence at 51A Toroa Street, Torbay, Auckland 0630

How much money was awarded in case 4867206?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Window: $151.80 awarded to landlord

What type of tenancy dispute was case 4867206?

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

Where can I read the official tribunal order for case 4867206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290643-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4867206?

The tribunal order states: The tenancy of Michael Lawrence at 51A Toroa Street, Torbay, Auckland 0630

How much money was awarded in case 4867206?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Window: $151.80 awarded to landlord

What type of tenancy dispute was case 4867206?

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

Where can I read the official tribunal order for case 4867206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290643-Tenancy_Tribunal_Order.pdf.

51A Toroa Street, Torbay, Auckland 0630 Tenancy Tribunal Case 4867206 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4867206 — net $977.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 03/05/24	$680.00	Rent arrears (to 03/05/24
Repairs: Temporary repair to the front door and lock	$125.00	Repairs: Temporary repair to the front door and lock
Repairs: Window	$151.80	Repairs: Window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$977.24
Total payable by Tenant to Landlord	$977.24

The tenancy of Michael Lawrence at 51A Toroa Street, Torbay, Auckland 0630 is terminated, and possession is granted to Leanne Markus, at 11:59pm on Friday 3 May 2024.

The Bond Centre is to make partial payment of the bond of $977.24 (3093308- 011) to Leanne Markus immediately. The Bond Centre is to retain the balance of $72.76.

Michael Lawrence to pay Leanne Markus $977.24 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy, rent arrears, compensation, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served 3 notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. The notices were issued on 3 January 2024, 22 February 2024 and 14 April 2024. All notices related to rent arrears.

The grounds have been established and the tenancy must be terminated. The tenancy is terminated and possession granted to the landlord. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.

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: a. The front door and door lock were damaged; and b. The window near the front door was damaged.

The damage is more than fair wear and tear, the landlord gave evidence that the tenant had accepted liability for the damage and had agreed to fix the damage. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Leanne Markus has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4867206 — net $977.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 03/05/24	$680.00	Rent arrears (to 03/05/24
Repairs: Temporary repair to the front door and lock	$125.00	Repairs: Temporary repair to the front door and lock
Repairs: Window	$151.80	Repairs: Window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$977.24
Total payable by Tenant to Landlord	$977.24

Order

The tenancy of Michael Lawrence at 51A Toroa Street, Torbay, Auckland 0630 is terminated, and possession is granted to Leanne Markus, at 11:59pm on Friday 3 May 2024.
The Bond Centre is to make partial payment of the bond of $977.24 (3093308- 011) to Leanne Markus immediately. The Bond Centre is to retain the balance of $72.76.
Michael Lawrence to pay Leanne Markus $977.24 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, rent arrears, compensation, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served 3 notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. The notices were issued on 3 January 2024, 22 February 2024 and 14 April 2024. All notices related to rent arrears.
The grounds have been established and the tenancy must be terminated. The tenancy is terminated and possession granted to the landlord. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.

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: a. The front door and door lock were damaged; and b. The window near the front door was damaged.
The damage is more than fair wear and tear, the landlord gave evidence that the tenant had accepted liability for the damage and had agreed to fix the damage. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Leanne Markus has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4867206 — Rent arrears at 51A Toroa Street, Torbay, Auckland 0630

At a glance

Tenancy Tribunal case 4867206 — Rent arrears at 51A Toroa Street, Torbay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions