What was the outcome of Tenancy Tribunal case 4926254?

The tribunal order states: Service on the tenant is dispensed with.

How much money was awarded in case 4926254?

Rent Arrears: $71.14 awarded to landlord; Rubbish Removal: $272.26 awarded to landlord; Property Damage: $315.08 awarded to landlord

What type of tenancy dispute was case 4926254?

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

Where can I read the official tribunal order for case 4926254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11332623-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926254?

The tribunal order states: Service on the tenant is dispensed with.

How much money was awarded in case 4926254?

Rent Arrears: $71.14 awarded to landlord; Rubbish Removal: $272.26 awarded to landlord; Property Damage: $315.08 awarded to landlord

What type of tenancy dispute was case 4926254?

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

Where can I read the official tribunal order for case 4926254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11332623-Tenancy_Tribunal_Order.pdf.

14 Runa Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4926254 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

14 Runa Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4926254 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4926254 — net $658.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$71.14	Rent arrears
Rubbish removal	$272.26	Rubbish removal
Window repairs: kitchen	$315.08	Window repairs: kitchen
Net award	$658.48
Total payable by Tenant to Landlord	$658.48

Claims and awards for application 4926254 — net $658.48 NZD. Verify on MoJ.

Rent arrears

Amount: $71.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $272.26
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: kitchen

Amount: $315.08
Awarded to: Landlord
Reason: Window repairs: kitchen

Net award

Landlord $658.48

Total payable by Tenant to Landlord

Landlord $658.48

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal Property damage

Order

Service on the tenant is dispensed with.
Miss Eva Marie Laing must pay Kāinga Ora–Homes And Communities $658.48 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$71.14 Rubbish removal$272.26 Window repairs: kitchen$315.08 Total award$658.48 Total payable by Tenant to Landlord$658.48

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned on the two numbers provided but did not answer. Service
The landlord made application to the Tribunal on 27 June 2024 which was more than two months after the end of the tenancy. 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 tenant provided a forwarding address on her notice ending the tenancy. The landlord’s application was posted to that address, emailed to her at the email address last updated by the tenant in January 2024 and was sent by text message to her telephone.
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. I am satisfied that posting to a forwarding address supplied by the tenant at the end of the tenancy, emailing and texting are likely to have brought notice of the application to the tenant’s attention.
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. The landlord’s claims
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 April 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not remove all of her possessions and rubbish.
The amount ordered is 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 photographic evidence that a window in the kitchen had been removed and required glazing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4926254 — net $658.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$71.14	Rent arrears
Rubbish removal	$272.26	Rubbish removal
Window repairs: kitchen	$315.08	Window repairs: kitchen
Net award	$658.48
Total payable by Tenant to Landlord	$658.48

Claims and awards for application 4926254 — net $658.48 NZD. Verify on MoJ.

Rent arrears

Amount: $71.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $272.26
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: kitchen

Amount: $315.08
Awarded to: Landlord
Reason: Window repairs: kitchen

Net award

Landlord $658.48

Total payable by Tenant to Landlord

Landlord $658.48

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal Property damage

Order

Service on the tenant is dispensed with.
Miss Eva Marie Laing must pay Kāinga Ora–Homes And Communities $658.48 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$71.14 Rubbish removal$272.26 Window repairs: kitchen$315.08 Total award$658.48 Total payable by Tenant to Landlord$658.48

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned on the two numbers provided but did not answer. Service
The landlord made application to the Tribunal on 27 June 2024 which was more than two months after the end of the tenancy. 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 tenant provided a forwarding address on her notice ending the tenancy. The landlord’s application was posted to that address, emailed to her at the email address last updated by the tenant in January 2024 and was sent by text message to her telephone.
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. I am satisfied that posting to a forwarding address supplied by the tenant at the end of the tenancy, emailing and texting are likely to have brought notice of the application to the tenant’s attention.
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. The landlord’s claims
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 April 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not remove all of her possessions and rubbish.
The amount ordered is 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 photographic evidence that a window in the kitchen had been removed and required glazing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.

Tenancy Tribunal case 4926254 — Property damage at 14 Runa Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4926254 — Property damage at 14 Runa Place, Otahuhu, Auckland 1062

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