What was Tenancy Tribunal case 4871481 about?

The tribunal order states: The application for termination of the tenancy and for compensation for damage

How much money was awarded in case 4871481?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4871481?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4871481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10432491-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4871481 about?

The tribunal order states: The application for termination of the tenancy and for compensation for damage

How much money was awarded in case 4871481?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4871481?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4871481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10432491-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4871481 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing.

Should the tenancy be terminated?

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

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 was not able to work out if the notices were given correctly, because the landlord did not provide me with a rent summary. I did have a rent statement, but this included an amount owed for a broken window, was carried over from a previous tenancy, and did not have a running total of arrears. I was not able to establish whether the tenant was in arrears for five working days on three separate occasions. The claim for termination of the tenancy is dismissed.

Is the tenant responsible for the damage to the premises?

The landlord claimed the cost of replacing a broken window, replacing a gate, and fixing holes and painting over the repairs.

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.

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 tenant submitted that the damage was caused by her ex-partner, who came to the house without her permission and smashed the gate and the windows trying to get in, and then damaged some walls inside the house. She said she did not invite him to the house, and he has been charged and sentenced. She now has a trespass notice against her ex-partner. She also said she has an alarm given to her by Women’s Refuge which gets the police to the house quickly.

The landlord did not agree, stating that there were notes on the file from other people which said the tenant continued to invite her ex-partner to the house.

The applicant must prove all elements of the claim on the balance of probabilities; i.e., more probable than not. The landlord is the applicant so this is the landlords claim to prove. I heard verbal evidence from the parties. The landlord said the ex-partner was invited. The tenant said he was not. The landlord did not have any other information at the hearing. I am not persuaded the claim is not proved.

The tenant should provide copies of the police reports to her landlord to avoid any misunderstandings in the future. Other orders

The application is dismissed, which means the tenancy continues.

I am using my discretion to allow suppression for the tenant because the application against her has been dismissed and there is no public interest in her name. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. See section 95A RTA.

Reasons

Both parties attended the hearing.

Should the tenancy be terminated?

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

Is the tenant responsible for the damage to the premises?

The landlord claimed the cost of replacing a broken window, replacing a gate, and fixing holes and painting over the repairs.

The landlord did not agree, stating that there were notes on the file from other people which said the tenant continued to invite her ex-partner to the house.

The tenant should provide copies of the police reports to her landlord to avoid any misunderstandings in the future. Other orders

The application is dismissed, which means the tenancy continues.

Tenancy Tribunal case 4871481 — Rent arrears

At a glance

Tenancy Tribunal case 4871481 — Rent arrears

At a glance

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

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