How much money was awarded in case 4975337?

Rent Arrears: $2,042.88 awarded to landlord; Locks, Fence, Fence Post And Window: $874.00 awarded to landlord; Roller Door: $402.50 awarded to landlord; Water Rates: $427.91 awarded to landlord

What type of tenancy dispute was case 4975337?

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

Where can I read the official tribunal order for case 4975337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11498562-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4975337?

Rent Arrears: $2,042.88 awarded to landlord; Locks, Fence, Fence Post And Window: $874.00 awarded to landlord; Roller Door: $402.50 awarded to landlord; Water Rates: $427.91 awarded to landlord

What type of tenancy dispute was case 4975337?

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

Where can I read the official tribunal order for case 4975337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11498562-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4975337 — Rent arrears

Q: What was Tenancy Tribunal case 4975337 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4975337 — net $467.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,042.88	Rent arrears
Water rates	$427.91	Water rates
Repairs: locks, fence, fence post and window	$874.00	Repairs: locks, fence, fence post and window
Repairs: Roller door	$402.50	Repairs: Roller door
Net award	$467.29
Total payable by Tenant to Landlord	$467.29

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Louis Dasey must pay [The landlord/s] $467.29 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote hearing.

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

How much is owed for rent and water rates?

The tenancy ended on 17 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,042.88 for rent and $427.91 for water rates.

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. The landlord is insured. The policy of insurance excess noted in the Tenancy Agreement is $500.00. No increase on that amount has been notified to the tenant and so that figure remains applicable.

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.

The roller door was damaged. The landlord provided photos and an invoice for $402.50. The tenant accepted responsibility. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The gate and fence have been damaged. A window was damaged and keys were not returned. The landlord provided photos and an invoice for $874.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The insurance excess is applied to each any every claim and is therefore not applicable to this claim.

The landlord has filed a claim for a range of compensation items. Photos have been provided. I have little difficulty in accepting that the claim is legitimate in that the damage has occurred. The landlord has provided a best guess of $400.00 for the materials needed to complete the painting and repairs. The Tribunal would expect to see receipts to support any claim. As there is insufficient evidence of the quantum of the claim and the burden of proof is on the landlord, I dismiss the claim.

Both parties 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 in this hearing and the tenant’s application for suppression is dismissed.

Order

Claims and awards in Tenancy Tribunal application 4975337 — net $467.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,042.88	Rent arrears
Water rates	$427.91	Water rates
Repairs: locks, fence, fence post and window	$874.00	Repairs: locks, fence, fence post and window
Repairs: Roller door	$402.50	Repairs: Roller door
Net award	$467.29
Total payable by Tenant to Landlord	$467.29

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Louis Dasey must pay [The landlord/s] $467.29 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote hearing.

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

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy.

Tenancy Tribunal case 4975337 — Rent arrears

At a glance

Tenancy Tribunal case 4975337 — 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