What was Tenancy Tribunal case 4920593 about?

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

How much money was awarded in case 4920593?

Filing Fee: $20.44 awarded to landlord; Property Damage: $233.68 awarded to landlord; Rent Arrears: $154.00 awarded to landlord

What type of tenancy dispute was case 4920593?

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

Where can I read the official tribunal order for case 4920593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796451-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4920593 about?

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

How much money was awarded in case 4920593?

Filing Fee: $20.44 awarded to landlord; Property Damage: $233.68 awarded to landlord; Rent Arrears: $154.00 awarded to landlord

What type of tenancy dispute was case 4920593?

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

Where can I read the official tribunal order for case 4920593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796451-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4920593 — Property damage

Tenantcheck Insights

Reasons

Background

Claims and awards in Tenancy Tribunal application 4920593 — net $408.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2024	$154.00	Rent arrears to 4 September 2024
Window repairs	$233.68	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$408.12
Total payable by Tenant to Landlord	$408.12

[The landlord/s] is a social housing provider.

This tenancy began in October 2020.

The landlord’s application seeks rent arrears, the cost of re-glazing a window, and termination of the tenancy.

The hearing took place in [Event location suppressed] on 4 September 2024. [The landlord’s representatives] represented the landlord at the hearing. There was no appearance by the tenant. Rent arrears

The current rent is $84.00 per week.

Mr Paul fell into rent arrears when he failed to change his rent payment after a rent increase took effect in May 2022. The increase was from $62.00 to $78.00. Mr Paul continued to pay $62.00 per week until the end of July 2022, leaving him with rent arrears of $130.00.

Mr Paul has not taken any steps to address the arrears, despite multiple notices from [The landlord/s].

The amount of arrears is proven. Broken window

[The landlord/s] discovered a cracked window pane in the bedroom during an inspection in March 2023.

[The landlord’s representatives] said that Mr Paul said he would have the window re-glazed, or that he would do it himself, but the work has not been done.

[The landlord/s] issued breach notices about the broken window on 15 May and 7 June 2024.

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

There is no evidence to indicate that the damage was caused by something other than a careless or intentional act by Mr Paul or by someone who was at the premises with his consent.

[The landlord/s] provided several quotes for re-glazing the window. The most recent, and least costly, is from [Window installer] dated 27 August 2024. The quoted price is $233.68.

Mr Paul is liable for this cost. Termination

The Tenancy Tribunal may terminate a tenancy if: 1 1 a. A tenant breaches an obligation under the terms of the tenancy agreement or under the Residential Tenancies Act 1986; and b. If the breach is capable of being remedied, the landlord has given the tenant a notice detailing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The breach is of such a nature, or of such an extent, that it would be inequitable to refuse the request for termination.

In this instance: a. Mr Paul breached the tenancy agreement and the RTA by falling into rent arrears and by causing damage beyond fair wear and tear. b. [The landlord/s] sent Mr Paul multiple notices in respect of both breaches. c. Mr Paul did not remedy the breaches within the notice period.

The critical question is whether the breaches are of such a nature and extent that it would be inequitable to refuse the request or termination.

At the hearing, [The landlord’s representatives] explained that although the rent arrears and damage are not significant, the problem is that Mr Paul has been completely uncooperative in terms of addressing the issues. They also said that Mr Paul has behaved in a confrontational and abusive way towards [The landlord/s] staff members.

My findings are: a. By a close margin, termination on the basis of rent arrears and the cracked window pane is not warranted. I have taken into account Mr Paul’s refusal to remedy these two specific breaches. I have not taken into account the allegations of threatening / abusive behaviour, as those allegations were not the basis of this termination application. b. The appropriate remedy for the rent arrears and broken window is a monetary order that the landlord may enforce. c. Mr Paul is warned that his refusal to engage with [The landlord/s] is putting his tenancy at risk. If [The landlord/s] has to bring a future application for unremedied breaches, termination is the most likely outcome. d. Termination will certainly be the outcome if Mr Paul assaults or threatens to assault any [The landlord/s] staff member. Filing fee, name suppression

[The landlord/s] has been substantially successful in the proceedings. The request for name suppression is granted. 2

[The landlord/s] is entitled to recover the filing fee for this application. 3

Reasons

Background

Claims and awards in Tenancy Tribunal application 4920593 — net $408.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2024	$154.00	Rent arrears to 4 September 2024
Window repairs	$233.68	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$408.12
Total payable by Tenant to Landlord	$408.12

[The landlord/s] is a social housing provider.

This tenancy began in October 2020.

The landlord’s application seeks rent arrears, the cost of re-glazing a window, and termination of the tenancy.

The current rent is $84.00 per week.

Mr Paul has not taken any steps to address the arrears, despite multiple notices from [The landlord/s].

The amount of arrears is proven. Broken window

[The landlord/s] discovered a cracked window pane in the bedroom during an inspection in March 2023.

[The landlord’s representatives] said that Mr Paul said he would have the window re-glazed, or that he would do it himself, but the work has not been done.

[The landlord/s] issued breach notices about the broken window on 15 May and 7 June 2024.

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

There is no evidence to indicate that the damage was caused by something other than a careless or intentional act by Mr Paul or by someone who was at the premises with his consent.

[The landlord/s] provided several quotes for re-glazing the window. The most recent, and least costly, is from [Window installer] dated 27 August 2024. The quoted price is $233.68.

Mr Paul is liable for this cost. Termination

The critical question is whether the breaches are of such a nature and extent that it would be inequitable to refuse the request or termination.

[The landlord/s] has been substantially successful in the proceedings. The request for name suppression is granted. 2

[The landlord/s] is entitled to recover the filing fee for this application. 3

Tenancy Tribunal case 4920593 — Property damage

At a glance

Tenancy Tribunal case 4920593 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions