What was the outcome of Tenancy Tribunal case 4940273?

The tribunal order states: Douglas Ferguson must pay Kāinga Ora–Homes And Communities $836.57

How much money was awarded in case 4940273?

Property Damage: $84.00 awarded to landlord; Property Damage: $84.00 awarded to landlord; Property Damage: $148.00 awarded to landlord; Rent Arrears: $520.57 awarded to landlord

What type of tenancy dispute was case 4940273?

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

Where can I read the official tribunal order for case 4940273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10990359-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4940273?

The tribunal order states: Douglas Ferguson must pay Kāinga Ora–Homes And Communities $836.57

How much money was awarded in case 4940273?

Property Damage: $84.00 awarded to landlord; Property Damage: $84.00 awarded to landlord; Property Damage: $148.00 awarded to landlord; Rent Arrears: $520.57 awarded to landlord

What type of tenancy dispute was case 4940273?

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

Where can I read the official tribunal order for case 4940273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10990359-Tenancy_Tribunal_Order.pdf.

132 Bayswater Avenue, Bayswater, Auckland 0622 Tenancy Tribunal Case 4940273 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4940273 — net $836.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 September 2024	$520.57	Rent arrears to 12 September 2024
Lock/key replacement during tenancy	$84.00	Lock/key replacement during tenancy
Lock/key replacement end of tenancy	$84.00	Lock/key replacement end of tenancy
Window repairs	$148.00	Window repairs
Net award	$836.57
Total payable by Tenant to Landlord	$836.57

The hearing was conducted by telephone. The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why he would not attend the hearing and the hearing proceeded in his absence.

The landlord has applied for rent arrears and compensation, following the end of the tenancy.

How much is owed for rent?

The tenancy ended 12 September 2024. The landlord provided rent records in the form of a rent ledger showing the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that at end of the tenancy the tenant must return all keys and security devices.

The tenant did not return the keys at the end of the tenancy and the landlord was required to change the locks to gain access to the property.

The amount ordered to replace keys and locks at the end of the tenancy is proved.

Is the tenant responsible for the damage to the premises?

The landlord is seeking compensation for change of locks which occurred during the tenancy when the tenant lost the keys and costs incurred for fixing a broken window in an external door.

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.

Section 49B(3)(a) of the RTA provides that 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).

Section 49B(3)(b) of the RTA provides that 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).

Section 49B(1) of the RTA provides that 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.

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 has provided photographs of the work done to fix the window. I have not been provided with photographs showing that the window was damaged during the tenancy. I accept the landlords’ oral evidence that the landlord would not have let the property with a missing window in an external door. I am satisfied that this damage and the missing key occurred during the tenancy and was more than fair wear and tear.

The tenant has not disproved that the missing keys and the damage to the window was not careless or intentional. The tenancy agreement provides that the landlord does not hold insurance to cover this damage. The amount sought is less than for weeks’ rent (or market rent). Therefore, it is not necessary for me to determine if the lost keys and the damage to the window was careless or intentional.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4940273 — net $836.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 September 2024	$520.57	Rent arrears to 12 September 2024
Lock/key replacement during tenancy	$84.00	Lock/key replacement during tenancy
Lock/key replacement end of tenancy	$84.00	Lock/key replacement end of tenancy
Window repairs	$148.00	Window repairs
Net award	$836.57
Total payable by Tenant to Landlord	$836.57

Order

Douglas Ferguson must pay Kāinga Ora–Homes And Communities $836.57 immediately, calculated as shown in the table below:

Reasons

The hearing was conducted by telephone. The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why he would not attend the hearing and the hearing proceeded in his absence.
The landlord has applied for rent arrears and compensation, following the end of the tenancy.

How much is owed for rent?

The tenancy ended 12 September 2024. The landlord provided rent records in the form of a rent ledger showing the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that at end of the tenancy the tenant must return all keys and security devices.
The tenant did not return the keys at the end of the tenancy and the landlord was required to change the locks to gain access to the property.
The amount ordered to replace keys and locks at the end of the tenancy is proved.

Is the tenant responsible for the damage to the premises?

The landlord is seeking compensation for change of locks which occurred during the tenancy when the tenant lost the keys and costs incurred for fixing a broken window in an external door.
Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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).
Section 49B(1) of the RTA provides that 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.
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 has provided photographs of the work done to fix the window. I have not been provided with photographs showing that the window was damaged during the tenancy. I accept the landlords’ oral evidence that the landlord would not have let the property with a missing window in an external door. I am satisfied that this damage and the missing key occurred during the tenancy and was more than fair wear and tear.
The tenant has not disproved that the missing keys and the damage to the window was not careless or intentional. The tenancy agreement provides that the landlord does not hold insurance to cover this damage. The amount sought is less than for weeks’ rent (or market rent). Therefore, it is not necessary for me to determine if the lost keys and the damage to the window was careless or intentional.
The amounts ordered are proved.

Tenancy Tribunal case 4940273 — Rent arrears at 132 Bayswater Avenue, Bayswater, Auckland 0622

At a glance

Tenancy Tribunal case 4940273 — Rent arrears at 132 Bayswater Avenue, Bayswater, Auckland 0622

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