What was Tenancy Tribunal case 4896267 about?

The tribunal order states: The tenancy of Tama Pehi-Kura Awatere at [Tenancy address suppressed] is

How much money was awarded in case 4896267?

Filing Fee: $20.44 awarded to landlord; Property Damage: $260.90 awarded to landlord; Rent Arrears: $5,811.00 awarded to landlord

What type of tenancy dispute was case 4896267?

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

Where can I read the official tribunal order for case 4896267?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566229-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4896267 about?

The tribunal order states: The tenancy of Tama Pehi-Kura Awatere at [Tenancy address suppressed] is

How much money was awarded in case 4896267?

Filing Fee: $20.44 awarded to landlord; Property Damage: $260.90 awarded to landlord; Rent Arrears: $5,811.00 awarded to landlord

What type of tenancy dispute was case 4896267?

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

Where can I read the official tribunal order for case 4896267?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566229-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4896267 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4896267 — net $6,092.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,811.00	Rent arrears
Window repairs	$260.90	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,092.34
Total payable by Tenant to Landlord	$6,092.34

The tenancy of Tama Pehi-Kura Awatere at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 16 July 2024.

Tama Pehi-Kura Awatere must pay [The landlord/s] $6,092.34 immediately, calculated as shown in table below.

All other applications are dismissed.

Reasons

The landlord attended the hearing.

The tenant did not attend the video hearing by Teams. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $5,811.00. For the purposes of certainty, I record that the tenant paid $3,000.00 to the landlord on 31 May 2024. Those funds have subsequently been frozen as a result of a fraud investigation. I have not included those funds in the rent calculation as the landlord does not have access to the funds.

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.

A window was damaged during the tenancy. The landlord said that the tenant had broken the window to gain entry to the premises and had agreed at the time to pay for the damage. The landlord provided an invoice for the damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

The landlord sought compensation for petrol provided to the tenant and phone chargers provided to the tenant. These are not issues which relate to the tenancy arrangement between the parties. The Tribunal does not have jurisdiction to order compensation in those circumstances. The claims are dismissed.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful, and suppression of the landlord’s name and details is ordered.

Order

Claims and awards in Tenancy Tribunal application 4896267 — net $6,092.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,811.00	Rent arrears
Window repairs	$260.90	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,092.34
Total payable by Tenant to Landlord	$6,092.34

The tenancy of Tama Pehi-Kura Awatere at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 16 July 2024.

Tama Pehi-Kura Awatere must pay [The landlord/s] $6,092.34 immediately, calculated as shown in table below.

All other applications are dismissed.

Reasons

The landlord attended the hearing.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the premises?

The amount ordered is proven.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful, and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4896267 — Rent arrears

At a glance

Tenancy Tribunal case 4896267 — Rent arrears

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