What was Tenancy Tribunal case 4965833 about?

The tribunal order states: Jack Michell Donovan must pay [The landlord/s] $8,983.65 immediately,

How much money was awarded in case 4965833?

Rent Arrears: $7,740.00 awarded to landlord; Cladding: $1,082.00 awarded to landlord; Rubbish Removal: $741.65 awarded to landlord

What type of tenancy dispute was case 4965833?

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

Where can I read the official tribunal order for case 4965833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11007541-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4965833 about?

The tribunal order states: Jack Michell Donovan must pay [The landlord/s] $8,983.65 immediately,

How much money was awarded in case 4965833?

Rent Arrears: $7,740.00 awarded to landlord; Cladding: $1,082.00 awarded to landlord; Rubbish Removal: $741.65 awarded to landlord

What type of tenancy dispute was case 4965833?

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

Where can I read the official tribunal order for case 4965833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11007541-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4965833 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4965833 — net $8,983.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,740.00	Rent arrears
Repairs: Cladding	$1,082.00	Repairs: Cladding
Rubbish removal	$741.65	Rubbish removal
Net award	$8,983.65
Total payable by Tenant to Landlord	$8,983.65

Both parties attended this remote hearing.

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

The tenant says that he is not the tenant. Under TT 4885786, the Tribunal had previously confirmed that the tenant during the period in question was not Mike Donovan, the tenant’s father.

The tenant agreed that both he and his father had signed a change of tenancy form. The form was signed by the tenant on 9 July 2023. The form had been returned to the landlord. The landlord had failed to lodge the form with Tenancy Services.

The tenant accepted that his father had left the tenanted premises and that he had remained. The tenant said he had assumed that he was the tenant and for a period of time paid rent to the landlord.

Section 85 of the Residential Tenancies Act 1986 (“RTA”) requires the Tribunal to exercise its jurisdiction in a manner most likely to ensure a fair and expeditious resolution of disputes. The Tribunal is to exercise its jurisdiction according to the law and substantial merits and justice of the case, but shall not be bound to give effect to strict legal merits or obligations.

In those circumstances, and using the guide in s.85 RTA, I find that the tenant was the legal tenant of the premises during the relevant period.

How much is owed for rent?

The tenancy ended on 5 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $7,740.00.

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 tenant did not remove all rubbish. The landlord provided photos of the rubbish and receipts from the rubbish transfer station. Only the dump fees of $741.65 are claimed.

The amounts ordered is proven.

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 following damage was caused during the tenancy: Photos were provided of two large holes in a bedroom wall. The tenant said that they had been caused prior to the commencement of his tenancy. The burden of proving the claim on the balance of probabilities is on the landlord. I am not persuaded that it is more likely than not that the damage was caused during this tenancy and the claim is dismissed. The exterior damage was caused during the tenancy. The tenant accepted that it had been caused when a car slid into the side of the house. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. An invoice for $1,082.00 was provided and the tenant is ordered to pay that sum.

The amount ordered is proven.

Both parties have applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Reasons

Claims and awards in Tenancy Tribunal application 4965833 — net $8,983.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,740.00	Rent arrears
Repairs: Cladding	$1,082.00	Repairs: Cladding
Rubbish removal	$741.65	Rubbish removal
Net award	$8,983.65
Total payable by Tenant to Landlord	$8,983.65

Both parties attended this remote hearing.

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

The tenant says that he is not the tenant. Under TT 4885786, the Tribunal had previously confirmed that the tenant during the period in question was not Mike Donovan, the tenant’s father.

The tenant accepted that his father had left the tenanted premises and that he had remained. The tenant said he had assumed that he was the tenant and for a period of time paid rent to the landlord.

In those circumstances, and using the guide in s.85 RTA, I find that the tenant was the legal tenant of the premises during the relevant period.

How much is owed for rent?

The tenancy ended on 5 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $7,740.00.

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 tenant did not remove all rubbish. The landlord provided photos of the rubbish and receipts from the rubbish transfer station. Only the dump fees of $741.65 are claimed.

The amounts ordered is proven.

Is the tenant responsible for the damage to the premises?

The amount ordered is proven.

Tenancy Tribunal case 4965833 — Rent arrears

At a glance

Tenancy Tribunal case 4965833 — Rent arrears

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