How much money was awarded in case 4908433?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,321.40 awarded to landlord; reglaze 2 x broken windows and 1 x b…: $461.81 awarded to landlord; Water Rates: $116.59 awarded to landlord

What type of tenancy dispute was case 4908433?

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

Where can I read the official tribunal order for case 4908433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10613056-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4908433?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,321.40 awarded to landlord; reglaze 2 x broken windows and 1 x b…: $461.81 awarded to landlord; Water Rates: $116.59 awarded to landlord

What type of tenancy dispute was case 4908433?

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

Where can I read the official tribunal order for case 4908433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10613056-Tenancy_Tribunal_Order.pdf.

79 Willerton Avenue, New Lynn, Auckland 0600 Tenancy Tribunal Case 4908433 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4908433?

The tribunal order states: The tenancy of Siosaia Fisiipeau at 79 Willerton Avenue, New Lynn, Auckland

Order

Claims and awards in Tenancy Tribunal application 4908433 — net $270.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3.8.2024	$1,321.40	Rent arrears to 3.8.2024
Water rates: to 2.5.2024	$116.59	Water rates: to 2.5.2024
Repairs: reglaze 2 x broken windows and 1 x broken glass panel in internal door	$461.81	Repairs: reglaze 2 x broken windows and 1 x broken glass panel in internal door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$270.24
Total payable by Tenant to Landlord	$270.24

The tenancy of Siosaia Fisiipeau at 79 Willerton Avenue, New Lynn, Auckland 0600 is terminated, and possession is granted to Barfoot & Thompson Limited Acting Agent For Rujun Li, at 11:59pm on Saturday 3 August 2024.

The Bond Centre is to pay the bond of $1,650.00 (6160285-008) to Barfoot & Thompson Limited Acting Agent For Rujun Li immediately.

Siosaia Fisiipeau must pay Barfoot & Thompson Limited Acting Agent For Rujun Li $270.24 immediately, calculated as shown in the table below:

Reasons

Ms Morman attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, Siosaia Fisiipeau, the last three digits being 654, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

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

Should the tenancy be terminated?

The landlord applied for termination of the tenancy pursuant to section 55(1)(aa) Residential Tenancies Act 1986 (“RTA”) and provided the appropriate notices in support of this, which all complied with the requirements of section 55(1)(aa) RTA. Also, rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) and section 55(1)(aa) Residential Tenancies Act 1986.

What is owing for rent and water rates?

The landlord provided rent records which prove the amount owing to 24 July 2024, which is $450.00. Weekly rent is $610.00 so daily rent is $87.14. A further 10 days’ rent @ $87.14/day is due for the period from 25 July 2024 to 3 August 2024, for a sub-total of $871.40. Therefore, the tenant owes the landlord a total of $1,321.40 in rent to 3 August 2024, which is the end of the tenancy.

The landlord provided water invoices and a summary of invoices and payments by the tenant for water, which proved that the tenant owes the landlord $116.59 for water to 2 May 2024.

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 landlord claimed that the tenant broke 2 windows in the dining room and broke 1 glass panel in an internal door at the property. Despite being requested to repair these, the landlord said the tenant had not done so. The landlord then arranged for these broken windows to be reglazed at a cost of $461.81. Photographs of the broken windows/glass and an invoice for the repair cost were provided by the landlord. I find the damage was caused during the tenancy and was more than fair wear and tear. I find this was likely careless damage, so the tenant is liable for the replacement cost subject to the cap in section 49B RTA. The tenant is to pay the landlord $461.81 for repairing the broken windows in the dining room and the broken glass panel in the internal door.

The amounts ordered are proved. Bond

The Bond Centre is to pay the bond of $1,650.00 (6160285-008) to Barfoot & Thompson Limited Acting Agent For Rujun Li immediately. Filing fee

Because Barfoot & Thompson Limited Acting Agent For Rujun Li has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4908433 — net $270.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3.8.2024	$1,321.40	Rent arrears to 3.8.2024
Water rates: to 2.5.2024	$116.59	Water rates: to 2.5.2024
Repairs: reglaze 2 x broken windows and 1 x broken glass panel in internal door	$461.81	Repairs: reglaze 2 x broken windows and 1 x broken glass panel in internal door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$270.24
Total payable by Tenant to Landlord	$270.24

Order

The tenancy of Siosaia Fisiipeau at 79 Willerton Avenue, New Lynn, Auckland 0600 is terminated, and possession is granted to Barfoot & Thompson Limited Acting Agent For Rujun Li, at 11:59pm on Saturday 3 August 2024.
The Bond Centre is to pay the bond of $1,650.00 (6160285-008) to Barfoot & Thompson Limited Acting Agent For Rujun Li immediately.
Siosaia Fisiipeau must pay Barfoot & Thompson Limited Acting Agent For Rujun Li $270.24 immediately, calculated as shown in the table below:

Reasons

Ms Morman attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, Siosaia Fisiipeau, the last three digits being 654, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, outgoings, compensation and refund of the bond.

Should the tenancy be terminated?

The landlord applied for termination of the tenancy pursuant to section 55(1)(aa) Residential Tenancies Act 1986 (“RTA”) and provided the appropriate notices in support of this, which all complied with the requirements of section 55(1)(aa) RTA. Also, rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) and section 55(1)(aa) Residential Tenancies Act 1986.

What is owing for rent and water rates?

The landlord provided rent records which prove the amount owing to 24 July 2024, which is $450.00. Weekly rent is $610.00 so daily rent is $87.14. A further 10 days’ rent @ $87.14/day is due for the period from 25 July 2024 to 3 August 2024, for a sub-total of $871.40. Therefore, the tenant owes the landlord a total of $1,321.40 in rent to 3 August 2024, which is the end of the tenancy.
The landlord provided water invoices and a summary of invoices and payments by the tenant for water, which proved that the tenant owes the landlord $116.59 for water to 2 May 2024.

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 landlord claimed that the tenant broke 2 windows in the dining room and broke 1 glass panel in an internal door at the property. Despite being requested to repair these, the landlord said the tenant had not done so. The landlord then arranged for these broken windows to be reglazed at a cost of $461.81. Photographs of the broken windows/glass and an invoice for the repair cost were provided by the landlord. I find the damage was caused during the tenancy and was more than fair wear and tear. I find this was likely careless damage, so the tenant is liable for the replacement cost subject to the cap in section 49B RTA. The tenant is to pay the landlord $461.81 for repairing the broken windows in the dining room and the broken glass panel in the internal door.
The amounts ordered are proved. Bond
The Bond Centre is to pay the bond of $1,650.00 (6160285-008) to Barfoot & Thompson Limited Acting Agent For Rujun Li immediately. Filing fee
Because Barfoot & Thompson Limited Acting Agent For Rujun Li has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4908433 — Rent arrears at 79 Willerton Avenue, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4908433 — Rent arrears at 79 Willerton Avenue, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

What is owing for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

What is owing for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions