How much money was awarded in case 4879140?

Filing Fee: $20.44 awarded to landlord; Property Damage: $665.30 awarded to landlord; Property Damage: $3,266.11 awarded to landlord; Rent Arrears: $2,200.00 awarded to landlord

What type of tenancy dispute was case 4879140?

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

Where can I read the official tribunal order for case 4879140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643736-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4879140?

Filing Fee: $20.44 awarded to landlord; Property Damage: $665.30 awarded to landlord; Property Damage: $3,266.11 awarded to landlord; Rent Arrears: $2,200.00 awarded to landlord

What type of tenancy dispute was case 4879140?

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

Where can I read the official tribunal order for case 4879140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643736-Tribunal_Order_Redacted.pdf.

42B McLeavey Drive, Kelvin Grove, Palmerston North 4414 Tenancy Tribunal Case 4879140 — Property damage

Q: What was Tenancy Tribunal case 4879140 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4879140 — net $5,051.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears per Order 18 June 2024	$2,200.00	Rent arrears per Order 18 June 2024
Window repairs	$665.30	Window repairs
Repairs	$3,266.11	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,051.85
Total payable by Tenant to Landlord	$5,051.85

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Polly Kimura must pay [The landlord/s] $5,051.85 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears per Order 18 June 2024$2,200.00 Window repairs$665.30 Repairs$3,266.11 Filing fee reimbursement$20.44 Total award$6,151.85 Bond$1,100.00 Total payable by Tenant to Landlord$5,051.85

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing at the start time. The hearing was delayed by fifteen minutes but the tenant did not appear. The hearing proceeded in the tenant’s absence.

The landlord has applied for compensation and refund of the bond.

The rent awarded in the Tribunal’s prior Order of 18 June 2024 is included in this final order.

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 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 provided photographic evidence that the following damage was caused during the tenancy: a. The living room window was broken. b. The glass in the front door was broken. c. Two doors and their frames were broken beyond repair. d. There were numerous holes in the walls and doors, some of which had been inexpertly repaired. e. There were numerous handles missing of the kitchen cupboards and drawers.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the extent and nature of the damage, it has been caused intentionally.

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. I am satisfied that the landlord will be in no better position than he would have been if the tenant had not caused the damage.

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

Claims and awards in Tenancy Tribunal application 4879140 — net $5,051.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears per Order 18 June 2024	$2,200.00	Rent arrears per Order 18 June 2024
Window repairs	$665.30	Window repairs
Repairs	$3,266.11	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,051.85
Total payable by Tenant to Landlord	$5,051.85

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Polly Kimura must pay [The landlord/s] $5,051.85 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears per Order 18 June 2024$2,200.00 Window repairs$665.30 Repairs$3,266.11 Filing fee reimbursement$20.44 Total award$6,151.85 Bond$1,100.00 Total payable by Tenant to Landlord$5,051.85

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing at the start time. The hearing was delayed by fifteen minutes but the tenant did not appear. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation and refund of the bond.
The rent awarded in the Tribunal’s prior Order of 18 June 2024 is included in this final order.

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 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 provided photographic evidence that the following damage was caused during the tenancy: a. The living room window was broken. b. The glass in the front door was broken. c. Two doors and their frames were broken beyond repair. d. There were numerous holes in the walls and doors, some of which had been inexpertly repaired. e. There were numerous handles missing of the kitchen cupboards and drawers.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the extent and nature of the damage, it has been caused intentionally.
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. I am satisfied that the landlord will be in no better position than he would have been if the tenant had not caused the damage.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4879140 — Property damage at 42B McLeavey Drive, Kelvin Grove, Palmerston North 4414

At a glance

Tenancy Tribunal case 4879140 — Property damage at 42B McLeavey Drive, Kelvin Grove, Palmerston North 4414

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions