What was the outcome of Tenancy Tribunal case 4986129?

The tribunal order states: The tenancy of Janal Christensen at Unit/Flat 7, 250 Gloucester Street,

How much money was awarded in case 4986129?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,225.81 awarded to landlord

What type of tenancy dispute was case 4986129?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11045616-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986129?

The tribunal order states: The tenancy of Janal Christensen at Unit/Flat 7, 250 Gloucester Street,

How much money was awarded in case 4986129?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,225.81 awarded to landlord

What type of tenancy dispute was case 4986129?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11045616-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 250 Gloucester Street, Christchurch Central, Tenancy Tribunal Case 4986129 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986129 — net $736.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,225.81	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$736.81
Total payable by Tenant to Landlord	$736.81

The tenancy of Janal Christensen at Unit/Flat 7, 250 Gloucester Street, Christchurch Central, Christchurch 8011, Gloucester Courts is terminated, and possession is granted to Otautahi Community Housing Trust Eamonn Waters, at 11.59 am on Wednesday 13 November 2024.

The Bond Centre is to pay the bond of $516.00 (6187111-002) to Otautahi Community Housing Trust Eamonn Waters immediately.

Janal Christensen must pay Otautahi Community Housing Trust Eamonn Waters $736.81 immediately, calculated as shown in the table below:

All other applications are dismissed.

Reasons

Both parties attended this remote hearing on 7 November 2024.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $1,225.81.

The tenant said that she had reached an arrangement to continue paying rent with the landlord. The landlord agreed, but went on to say that the agreement was conditional upon the tenant continuing to pay rent. No rent has been paid since early October 2024.

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: Damage was caused to the sprinkler system in the ceiling. The landlord evidence consisted of an invoice for the repairs and that they had been told by the police that the damage had been caused by the tenant. No supporting evidence from the police was provided.

The tenant said that it was a neighbouring tenant who caused the damage. I am not persuaded that the landlord has proven that it was more likely than not that damage was caused by the tenant. The claim is dismissed.

As Otautahi Community Housing Trust Eamonn Waters has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4986129 — net $736.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,225.81	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$736.81
Total payable by Tenant to Landlord	$736.81

Order

The tenancy of Janal Christensen at Unit/Flat 7, 250 Gloucester Street, Christchurch Central, Christchurch 8011, Gloucester Courts is terminated, and possession is granted to Otautahi Community Housing Trust Eamonn Waters, at 11.59 am on Wednesday 13 November 2024.
The Bond Centre is to pay the bond of $516.00 (6187111-002) to Otautahi Community Housing Trust Eamonn Waters immediately.
Janal Christensen must pay Otautahi Community Housing Trust Eamonn Waters $736.81 immediately, calculated as shown in the table below:
All other applications are dismissed.

Reasons

Both parties attended this remote hearing on 7 November 2024.
The landlord has applied for termination of the tenancy, rent arrears compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy will be $1,225.81.
The tenant said that she had reached an arrangement to continue paying rent with the landlord. The landlord agreed, but went on to say that the agreement was conditional upon the tenant continuing to pay rent. No rent has been paid since early October 2024.

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: Damage was caused to the sprinkler system in the ceiling. The landlord evidence consisted of an invoice for the repairs and that they had been told by the police that the damage had been caused by the tenant. No supporting evidence from the police was provided.
The tenant said that it was a neighbouring tenant who caused the damage. I am not persuaded that the landlord has proven that it was more likely than not that damage was caused by the tenant. The claim is dismissed.
As Otautahi Community Housing Trust Eamonn Waters has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4986129 — Rent arrears at Unit/Flat 7, 250 Gloucester Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4986129 — Rent arrears at Unit/Flat 7, 250 Gloucester Street, Christchurch Central,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions