What was Tenancy Tribunal case 4985198 about?

The tribunal order states: Lavinia Vaki must pay [The landlord/s] $1,877.87 immediately, calculated as

How much money was awarded in case 4985198?

Filing Fee: $27.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Rent Arrears: $4,160.87 awarded to landlord

What type of tenancy dispute was case 4985198?

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

Where can I read the official tribunal order for case 4985198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11011490-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4985198 about?

The tribunal order states: Lavinia Vaki must pay [The landlord/s] $1,877.87 immediately, calculated as

How much money was awarded in case 4985198?

Filing Fee: $27.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Rent Arrears: $4,160.87 awarded to landlord

What type of tenancy dispute was case 4985198?

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

Where can I read the official tribunal order for case 4985198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11011490-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4985198 — Rent arrears

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New Zealand Tenancy Tribunal Case 4985198 — 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 4985198 — net $1,877.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including in lieu of notice	$4,160.87	Rent arrears (including in lieu of notice
Repairs	$690.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,877.87
Total payable by Tenant to Landlord	$1,877.87

Claims and awards for application 4985198 — net $1,877.87 NZD. Verify on MoJ.

Rent arrears (including in lieu of notice

Amount: $4,160.87
Awarded to: Landlord
Reason: Rent arrears (including in lieu of notice

Repairs

Amount: $690.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $1,877.87

Total payable by Tenant to Landlord

Landlord $1,877.87

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Lavinia Vaki must pay [The landlord/s] $1,877.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by teleconference.
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?

On 11 October 2024, the tenant informed the landlord that they had already left the premises. As the tenant is required to give 4 weeks’ notice, rent is due and owing to 8 November 2024. However, the landlord confirmed a new tenant took over the tenancy on 4 November, so rent is now due and owing to 3 November 2024. 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 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: damaged pipe underneath house caused by dog living at the premises in breach of the tenancy agreement. The landlord was informed by Watercare that they were unable to read the water meter because there was a dog at the premises. This is not disputed by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
The landlord has applied for name suppression on the application form. Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.
As the landlord has been wholly successful, the application for name suppression is granted.

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 4985198 — net $1,877.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including in lieu of notice	$4,160.87	Rent arrears (including in lieu of notice
Repairs	$690.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,877.87
Total payable by Tenant to Landlord	$1,877.87

Claims and awards for application 4985198 — net $1,877.87 NZD. Verify on MoJ.

Rent arrears (including in lieu of notice

Amount: $4,160.87
Awarded to: Landlord
Reason: Rent arrears (including in lieu of notice

Repairs

Amount: $690.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $1,877.87

Total payable by Tenant to Landlord

Landlord $1,877.87

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Lavinia Vaki must pay [The landlord/s] $1,877.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by teleconference.
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?

On 11 October 2024, the tenant informed the landlord that they had already left the premises. As the tenant is required to give 4 weeks’ notice, rent is due and owing to 8 November 2024. However, the landlord confirmed a new tenant took over the tenancy on 4 November, so rent is now due and owing to 3 November 2024. 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 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: damaged pipe underneath house caused by dog living at the premises in breach of the tenancy agreement. The landlord was informed by Watercare that they were unable to read the water meter because there was a dog at the premises. This is not disputed by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
The landlord has applied for name suppression on the application form. Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.
As the landlord has been wholly successful, the application for name suppression is granted.

Tenancy Tribunal case 4985198 — Rent arrears

At a glance

Tenancy Tribunal case 4985198 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions