What was the outcome of Tenancy Tribunal case 4983290?

The tribunal order states: Kieren McLean must pay Premier Rental Management Limited $527.00

How much money was awarded in case 4983290?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,460.00 awarded to landlord

What type of tenancy dispute was case 4983290?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4983290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343453-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4983290?

The tribunal order states: Kieren McLean must pay Premier Rental Management Limited $527.00

How much money was awarded in case 4983290?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,460.00 awarded to landlord

What type of tenancy dispute was case 4983290?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4983290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343453-Tenancy_Tribunal_Order.pdf.

Room 3, Unit/Flat 4, 100 Knighton Road, Hillcrest, Hamilton Tenancy Tribunal Case 4983290 — Rent arrears

Claims and awards in Tenancy Tribunal application 4983290 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
riptionLandlordTenant Insurance claim excess x2 and bond deduction for rent arrears to 23 June 2024, damage repairs and	$1,460.00	riptionLandlordTenant Insurance claim excess x2 and bond deduction for rent arrears to 23 June 2024, damage repairs and
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

Order

Kieren McLean must pay Premier Rental Management Limited $527.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $960.00 (6202462-005) to Premier Rental Management Limited immediately.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered.
The application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.
If the landlord files an application more than 2 months after the termination of the tenancy, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b)by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c)by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d)by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf. See section 91A(2) Residential Tenancies Act 1986.
The application has not been served in accordance with these requirements. The claim was filed 1 day after the two-month period expired. The application has been emailed to the tenant. The landlord said the tenant abandoned the tenancy. No contact address for service was provided by the tenant to the landlord or a new email address. I am satisfied that all reasonable efforts were made to serve the tenant the application and notice of hearing in accordance with the provisions above however the landlord can only provide the email address for service. I consider the documents may be treated as being served by email on 5 November 2024. The tenant may file an application for a re- hearing if they want to dispute the findings in this order. See section 91B of the RTA.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent
The tenancy ended on 23 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $322.83.
The rent arrears were covered by an insurance claim which I address below.

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

At the end of the tenancy the tenant must return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The cost to replace the locks was $82.00 and was covered by an insurance claim which I address below.
The amounts ordered are proved.

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.
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: a. Walls were damaged throughout the premises and three doors were damaged. In having regard to the nature of the damage I consider it most likely to have been intentional, either by the tenant or people the tenant allowed at the property. The cost to repair the damage was $2,433.97. The repair was covered by an insurance claim and I will address this below.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an entry and exit inspection report, additional photographs, and invoices.
I have taken into account betterment and depreciation. The premises was modern and otherwise in good condition. The landlord has claimed the insurance excess for repairs to the walls only, therefore there is no deduction for betterment and depreciation in the amount ordered below. Amount ordered
The rent arrears, damage and lock replacement have been covered by an insurance claim with two excess of $250.00 ($500.00 in total) and less the bond.
The amount claimed in total was $1,460.00 being 2 x insurance excess and the bond of $960.00. I have made an order for the full amount claimed. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Claims and awards in Tenancy Tribunal application 4983290 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
riptionLandlordTenant Insurance claim excess x2 and bond deduction for rent arrears to 23 June 2024, damage repairs and	$1,460.00	riptionLandlordTenant Insurance claim excess x2 and bond deduction for rent arrears to 23 June 2024, damage repairs and
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

Order

Kieren McLean must pay Premier Rental Management Limited $527.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $960.00 (6202462-005) to Premier Rental Management Limited immediately.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered.
The application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.
If the landlord files an application more than 2 months after the termination of the tenancy, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b)by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c)by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d)by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf. See section 91A(2) Residential Tenancies Act 1986.
The application has not been served in accordance with these requirements. The claim was filed 1 day after the two-month period expired. The application has been emailed to the tenant. The landlord said the tenant abandoned the tenancy. No contact address for service was provided by the tenant to the landlord or a new email address. I am satisfied that all reasonable efforts were made to serve the tenant the application and notice of hearing in accordance with the provisions above however the landlord can only provide the email address for service. I consider the documents may be treated as being served by email on 5 November 2024. The tenant may file an application for a re- hearing if they want to dispute the findings in this order. See section 91B of the RTA.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. How much is owed for rent
The tenancy ended on 23 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $322.83.
The rent arrears were covered by an insurance claim which I address below.

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

At the end of the tenancy the tenant must return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The cost to replace the locks was $82.00 and was covered by an insurance claim which I address below.
The amounts ordered are proved.

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.
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: a. Walls were damaged throughout the premises and three doors were damaged. In having regard to the nature of the damage I consider it most likely to have been intentional, either by the tenant or people the tenant allowed at the property. The cost to repair the damage was $2,433.97. The repair was covered by an insurance claim and I will address this below.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an entry and exit inspection report, additional photographs, and invoices.
I have taken into account betterment and depreciation. The premises was modern and otherwise in good condition. The landlord has claimed the insurance excess for repairs to the walls only, therefore there is no deduction for betterment and depreciation in the amount ordered below. Amount ordered
The rent arrears, damage and lock replacement have been covered by an insurance claim with two excess of $250.00 ($500.00 in total) and less the bond.
The amount claimed in total was $1,460.00 being 2 x insurance excess and the bond of $960.00. I have made an order for the full amount claimed. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 4983290 — Rent arrears at Room 3, Unit/Flat 4, 100 Knighton Road, Hillcrest, Hamilton

At a glance

Tenancy Tribunal case 4983290 — Rent arrears at Room 3, Unit/Flat 4, 100 Knighton Road, Hillcrest, Hamilton

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions