What was Tenancy Tribunal case 4933196 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,113.95 from the bond, calculated as

How much money was awarded in case 4933196?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $580.00 awarded to landlord; Walls: $299.00 awarded to landlord; Water Rates: $207.95 awarded to landlord

What type of tenancy dispute was case 4933196?

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

Where can I read the official tribunal order for case 4933196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10892742-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4933196 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,113.95 from the bond, calculated as

How much money was awarded in case 4933196?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $580.00 awarded to landlord; Walls: $299.00 awarded to landlord; Water Rates: $207.95 awarded to landlord

What type of tenancy dispute was case 4933196?

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

Where can I read the official tribunal order for case 4933196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10892742-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4933196 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4933196 — net $1,113.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$580.00	Rent arrears to 7 June 2024
Repairs: walls	$299.00	Repairs: walls
Water rates	$207.95	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,113.95
Bond	$2,320.00
Total payable by Tenant to Landlord	$1,113.95

The landlord attended the hearing. [The tenant/s] attended the hearing for the tenant. [The tenant/s] did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2024. The landlord provided rent records, which prove the amount owing on this date, namely $580.00.

The landlord sought $430.13 for outstanding water rates as follows: a. $23.62 (for the period 29/11/2023 – 21/12/2023) b. $66.17 (for the period 21/12/2023 – 31/01/2024) c. $33.11 (for the period 31/01/2024 – 23/02/2024) d. $47.27 (for the period 23/02/2024 – 28/03/2024) e. $37.81 (for the period 28/03/2024 – 23/04/2024) f. $222.15 (for the period 23/04/2024 – 07/06/2024)

The landlord provided invoices from Watercare for the amounts detailed at paragraphs [a] – [e] above. The landlord did not provide an invoice or photograph of the water meter for the final water meter reading at paragraph [f] above. The landlord attempted to file a photograph of the final water meter reading after the hearing, which I declined to receive.

The landlord’s claim for outstanding water rates is granted for a total amount of $207.98. This represents the total amount contained in the invoices listed at paragraphs [a] – [e] above. The landlord’s claim for $222.15 for the final water meter reading is not proven and is dismissed.

Is the tenant responsible for the damage to the premises?

Holes in the wall

The landlord sought compensation of $299.00 to repair damage sustained to the internal walls of the property. The landlord provided an invoice from LY Construction Ltd for this amount. The tenant did not dispute the landlord’s claim and agreed to pay the cost of repair. Fence

The landlord claimed compensation of $650.00 to cover their insurance excess to repair the fence, which they say the tenant damaged.

The tenancy began on 21 October 2023 and ended on 7 June 2024.

[The tenant/s] gave evidence that on 21 and 23 October 2023, she was the victim of a serious assault by [The tenant/s].

Initially, the landlord claimed that [The tenant/s] damaged the fence during one of his assaults on [The tenant/s]. The landlord stated that they had been told this by a neighbour who also claimed to have video footage of the incident. As it transpired, the neighbour did not have any video footage. The landlord did not provide a statement or any other form of written communication from the neighbour confirming that [The tenant/s] damaged the fence. The neighbour was not summonsed as a witness for the landlord to attend the hearing on 30 September 2024.

In response to a question from the Tribunal about when the damage to the fence occurred, the landlord clarified that it occurred on 23 November 2023. The landlord stated that they received an email from a neighbouring tenant on 27 November 2023, advising them that three men had visited the property looking for [The tenant/s] on 23 November 2023. These three men had caused damage to the outside of the property, including the fence, during their visit.

[The tenant/s] gave evidence that she was not at home on 23 November 2023 when these three men visited. [The tenant/s] stated that she did not know who these three men were and that they were not at the property with her permission. [The tenant/s] provided the Tribunal with an email she sent to the landlord on 28 November 2023 advising them of the same. [The tenant/s] further stated that [The tenant/s] could not have caused damage to the fence on 23 November 2023, as he had been remanded into custody shortly after 23 October 2023.

I accept [The tenant/s] evidence that she was not at home on 23 November 2023. I also accept her evidence that she did not know who the three men were who visited the property on this date and that she did not give them permission to be there. A tenant is only responsible for the actions of people at the premises with their permission. See section 41(1) RTA. Therefore, the landlord’s claim for compensation of $650.00 to repair the fence is dismissed. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Neither party requested suppression however, I have granted suppression to both parties and their identifying particulars on my own motion under section 95A(4) RTA. I have done this because of the sensitive nature of the circumstances surrounding the landlord’s claim about the damaged fence. Under section 95A(1A) RTA, the Tribunal must, in any proceeding relating to withdrawal from a tenancy due to family violence, order suppression of the name and identifying particulars of the parties. Although this case does not involve an application for withdrawal due to family violence, it does discuss incidences of family violence that occurred during the tenancy. I consider that granting suppression to the parties and their identifying particulars in this case is in keeping with the purpose behind section 95A(1A) RTA. The family violence background regarding the damage to the walls and fence means that the interests of the parties in granting suppression outweigh those of the public in this case.

Reasons

Claims and awards in Tenancy Tribunal application 4933196 — net $1,113.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$580.00	Rent arrears to 7 June 2024
Repairs: walls	$299.00	Repairs: walls
Water rates	$207.95	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,113.95
Bond	$2,320.00
Total payable by Tenant to Landlord	$1,113.95

The landlord attended the hearing. [The tenant/s] attended the hearing for the tenant. [The tenant/s] did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2024. The landlord provided rent records, which prove the amount owing on this date, namely $580.00.

Is the tenant responsible for the damage to the premises?

Holes in the wall

The landlord claimed compensation of $650.00 to cover their insurance excess to repair the fence, which they say the tenant damaged.

The tenancy began on 21 October 2023 and ended on 7 June 2024.

[The tenant/s] gave evidence that on 21 and 23 October 2023, she was the victim of a serious assault by [The tenant/s].

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Tenancy Tribunal case 4933196 — Rent arrears

At a glance

Tenancy Tribunal case 4933196 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions