What was the outcome of Tenancy Tribunal case 4933380?

The tribunal order states: Delicia Turner must pay Thomas Hynes $6,136.50 immediately, calculated as

How much money was awarded in case 4933380?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,660.00 awarded to landlord; Doors: $2,449.50 awarded to landlord

What type of tenancy dispute was case 4933380?

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

Where can I read the official tribunal order for case 4933380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851032-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4933380?

The tribunal order states: Delicia Turner must pay Thomas Hynes $6,136.50 immediately, calculated as

How much money was awarded in case 4933380?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,660.00 awarded to landlord; Doors: $2,449.50 awarded to landlord

What type of tenancy dispute was case 4933380?

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

Where can I read the official tribunal order for case 4933380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851032-Tenancy_Tribunal_Order.pdf.

4 Cedar Grove, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4933380 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

4 Cedar Grove, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4933380 — Rent arrears | 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 4933380 — net $6,136.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,660.00	Rent arrears
Repairs: doors	$2,449.50	Repairs: doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,136.50
Total payable by Tenant to Landlord	$6,136.50

Claims and awards for application 4933380 — net $6,136.50 NZD. Verify on MoJ.

Rent arrears

Amount: $3,660.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: doors

Amount: $2,449.50
Awarded to: Landlord
Reason: Repairs: doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $6,136.50

Total payable by Tenant to Landlord

Landlord $6,136.50

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Delicia Turner must pay Thomas Hynes $6,136.50 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,660.00 Repairs: doors$2,449.50 Filing fee reimbursement$27.00 Total award$6,136.50 Total payable by Tenant to Landlord$6,136.50

Reasons

The landlord attended the hearing by telephone.
The tenant did not attend the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The landlord advised that he gave notice to terminate the tenancy. The tenant vacated prior to the termination date without giving the required 28-days’ notice. The landlord has claimed rent to the date he became aware that vacant possession had been given. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
The landlord provided photographic and verbal evidence that just prior to leaving the property, the tenant intentionally damaged the front door and five internal doors. The landlord explained that it appeared that the damage was caused by kicks or punches and that considerable force was required. The tenant’s photographic evidence supports this contention.
The tenant has persuaded the Tribunal that the damage occurred during the tenancy and was intentional. The amount ordered is proven.
Because Thomas Hynes has wholly succeeded with the claim I must reimburse the filing fee.

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 4933380 — net $6,136.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,660.00	Rent arrears
Repairs: doors	$2,449.50	Repairs: doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,136.50
Total payable by Tenant to Landlord	$6,136.50

Claims and awards for application 4933380 — net $6,136.50 NZD. Verify on MoJ.

Rent arrears

Amount: $3,660.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: doors

Amount: $2,449.50
Awarded to: Landlord
Reason: Repairs: doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $6,136.50

Total payable by Tenant to Landlord

Landlord $6,136.50

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Delicia Turner must pay Thomas Hynes $6,136.50 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,660.00 Repairs: doors$2,449.50 Filing fee reimbursement$27.00 Total award$6,136.50 Total payable by Tenant to Landlord$6,136.50

Reasons

The landlord attended the hearing by telephone.
The tenant did not attend the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The landlord advised that he gave notice to terminate the tenancy. The tenant vacated prior to the termination date without giving the required 28-days’ notice. The landlord has claimed rent to the date he became aware that vacant possession had been given. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
The landlord provided photographic and verbal evidence that just prior to leaving the property, the tenant intentionally damaged the front door and five internal doors. The landlord explained that it appeared that the damage was caused by kicks or punches and that considerable force was required. The tenant’s photographic evidence supports this contention.
The tenant has persuaded the Tribunal that the damage occurred during the tenancy and was intentional. The amount ordered is proven.
Because Thomas Hynes has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4933380 — Rent arrears at 4 Cedar Grove, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 4933380 — Rent arrears at 4 Cedar Grove, Highbury, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions