How much money was awarded in case 4880600?

Property Damage: $250.00 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Holes And Cracks Around Door: $172.50 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Storage: $350.00 awarded to landlord

What type of tenancy dispute was case 4880600?

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

Where can I read the official tribunal order for case 4880600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10732811-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4880600?

Property Damage: $250.00 awarded to landlord; Rent Arrears: $900.00 awarded to landlord; Holes And Cracks Around Door: $172.50 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Storage: $350.00 awarded to landlord

What type of tenancy dispute was case 4880600?

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

Where can I read the official tribunal order for case 4880600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10732811-Tribunal_Order_Redacted.pdf.

Room 10, 42 Achilles Court, Palmerston North, Palmerston Tenancy Tribunal Case 4880600 — Rent arrears

Q: What was Tenancy Tribunal case 4880600 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 4880600 — net $622.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$900.00	Rent arrears
Rubbish removal	$150.00	Rubbish removal
Lock/key replacement	$250.00	Lock/key replacement
Storage	$350.00	Storage
Repairs: holes and cracks around door	$172.50	Repairs: holes and cracks around door
Net award	$622.50
Total payable by Tenant to Landlord	$622.50

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

The requirement for service is dispensed with and the landlord’s application has proceeded as if the landlord’s application had been served on the tenant.

Tamati Nicholson must pay [The landlord/s] $622.50 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$900.00 Rubbish removal$150.00 Lock/key replacement$250.00 Storage$350.00 Repairs: holes and cracks around door$172.50 Total award$1,822.50 Bond$1,200.00 Total payable by Tenant to Landlord$622.50

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned but did not answer.

The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy. Service

The landlord made application to the Tribunal on 18 June 2024 which was more than two months after the end of the tenancy on 14 January 2024. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).

The landlord advised that the tenant made contact after the end of the tenancy to apply for accommodation. The tenant gave the landlord a contact address for his mother where his possessions could be returned. The landlord has tried to effect personal service on the tenant at this address without success.

The landlord has not been able to determine the tenant’s current address or whereabouts and has no knowledge of the tenant having an authorised agent or solicitor.

I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. The landlord’s application has been sent to a contact address supplied by the tenant within two months before the application.

In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.

How much is owed for rent?

The tenancy ended on 14 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had simply walked out without making any attempt to remove his possessions or clean the premises.

The tenant did not return the keys.

The landlord stored the tenant’s possessions and has claimed reimbursement for those reasonable costs in accordance with the terms of the tenancy agreement.

The amounts ordered are proved.

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 evidence that the doorway to the property had been damaged by intentional force. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4880600 — net $622.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$900.00	Rent arrears
Rubbish removal	$150.00	Rubbish removal
Lock/key replacement	$250.00	Lock/key replacement
Storage	$350.00	Storage
Repairs: holes and cracks around door	$172.50	Repairs: holes and cracks around door
Net award	$622.50
Total payable by Tenant to Landlord	$622.50

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 requirement for service is dispensed with and the landlord’s application has proceeded as if the landlord’s application had been served on the tenant.
Tamati Nicholson must pay [The landlord/s] $622.50 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$900.00 Rubbish removal$150.00 Lock/key replacement$250.00 Storage$350.00 Repairs: holes and cracks around door$172.50 Total award$1,822.50 Bond$1,200.00 Total payable by Tenant to Landlord$622.50

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned but did not answer.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy. Service
The landlord made application to the Tribunal on 18 June 2024 which was more than two months after the end of the tenancy on 14 January 2024. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord advised that the tenant made contact after the end of the tenancy to apply for accommodation. The tenant gave the landlord a contact address for his mother where his possessions could be returned. The landlord has tried to effect personal service on the tenant at this address without success.
The landlord has not been able to determine the tenant’s current address or whereabouts and has no knowledge of the tenant having an authorised agent or solicitor.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. The landlord’s application has been sent to a contact address supplied by the tenant within two months before the application.
In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.

How much is owed for rent?

The tenancy ended on 14 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had simply walked out without making any attempt to remove his possessions or clean the premises.
The tenant did not return the keys.
The landlord stored the tenant’s possessions and has claimed reimbursement for those reasonable costs in accordance with the terms of the tenancy agreement.
The amounts ordered are proved.

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 evidence that the doorway to the property had been damaged by intentional force. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4880600 — Rent arrears at Room 10, 42 Achilles Court, Palmerston North, Palmerston

At a glance

Tenancy Tribunal case 4880600 — Rent arrears at Room 10, 42 Achilles Court, Palmerston North, Palmerston

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions