How much money was awarded in case 4932253?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,589.23 awarded to landlord; Rent Arrears: $13,347.14 awarded to landlord; Smoke Alarms: $103.50 awarded to landlord

What type of tenancy dispute was case 4932253?

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

Where can I read the official tribunal order for case 4932253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11015368-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4932253?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,589.23 awarded to landlord; Rent Arrears: $13,347.14 awarded to landlord; Smoke Alarms: $103.50 awarded to landlord

What type of tenancy dispute was case 4932253?

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

Where can I read the official tribunal order for case 4932253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11015368-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4932253 — Rent arrears

Q: What was Tenancy Tribunal case 4932253 about?

The tribunal order states: The tenancy of Racheal Karehu Moitu Ohlson at [Tenancy address suppressed]

Order

Claims and awards in Tenancy Tribunal application 4932253 — net $13,106.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,347.14	Rent arrears
Repairs	$1,589.23	Repairs
Replace smoke alarms	$103.50	Replace smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,106.87
Total payable by Tenant to Landlord	$13,106.87

The tenancy of Racheal Karehu Moitu Ohlson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 5 November 2024.

The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Racheal Karehu Moitu Ohlson must pay [The landlord/s] $13,106.87 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing.

The tenant did not attend the video hearing by Teams link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 of the hearing was given.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $13,347.14.

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 tenant is responsible for the acts of a guest at the premises with the permission of the tenant.

The following damage was caused during the tenancy: Damage to the interior and exterior of the premises. The damage having been caused by the tenant’s partner. The initial invoice was for $1,947.04. The tenant has already paid some of that debt, leaving a balance of $1,589.23. The damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant advised the landlord that a smoke alarm was not working The landlord arranged for an electrician to attend . The electrician invoice records that “Call to check with smoke detectors, tenant had removed both smoke alarms, tenant finds one and reinstall on the ceiling and test, but unable to find second alarm, advises will find it over the weekend. Follow up call the next week and tenant advises they have found it and put it back up on the ceiling.” The invoice is for $103.50 and it to be paid by the tenant.

The amounts ordered are proved.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4932253 — net $13,106.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,347.14	Rent arrears
Repairs	$1,589.23	Repairs
Replace smoke alarms	$103.50	Replace smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,106.87
Total payable by Tenant to Landlord	$13,106.87

Order

The tenancy of Racheal Karehu Moitu Ohlson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 5 November 2024.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Racheal Karehu Moitu Ohlson must pay [The landlord/s] $13,106.87 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing.
The tenant did not attend the video hearing by Teams link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 of the hearing was given.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $13,347.14.

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 tenant is responsible for the acts of a guest at the premises with the permission of the tenant.
The following damage was caused during the tenancy: Damage to the interior and exterior of the premises. The damage having been caused by the tenant’s partner. The initial invoice was for $1,947.04. The tenant has already paid some of that debt, leaving a balance of $1,589.23. The damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant advised the landlord that a smoke alarm was not working The landlord arranged for an electrician to attend . The electrician invoice records that “Call to check with smoke detectors, tenant had removed both smoke alarms, tenant finds one and reinstall on the ceiling and test, but unable to find second alarm, advises will find it over the weekend. Follow up call the next week and tenant advises they have found it and put it back up on the ceiling.” The invoice is for $103.50 and it to be paid by the tenant.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4932253 — Rent arrears

At a glance

Tenancy Tribunal case 4932253 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions