What was Tenancy Tribunal case 4986210 about?

The tribunal order states: The tenancy of Letisha Kyle Tehira at [Tenancy address suppressed] is

How much money was awarded in case 4986210?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $11,728.57 awarded to landlord; Television: $700.00 awarded to landlord; Water Rates: $315.05 awarded to landlord

What type of tenancy dispute was case 4986210?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021077-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986210 about?

The tribunal order states: The tenancy of Letisha Kyle Tehira at [Tenancy address suppressed] is

How much money was awarded in case 4986210?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $11,728.57 awarded to landlord; Television: $700.00 awarded to landlord; Water Rates: $315.05 awarded to landlord

What type of tenancy dispute was case 4986210?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021077-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4986210 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986210 — net $7,570.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,728.57	Rent arrears
Water rates	$315.05	Water rates
Television	$700.00	Television
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,570.62
Total payable by Tenant to Landlord	$7,570.62

The tenancy of Letisha Kyle Tehira at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 6 November 2024.

The Bond Centre is to pay the bond of $5,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Letisha Kyle Tehira must pay [The landlord/s] $7,570.62 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much is owed for rent and water rates?

The tenancy will end on 6 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy will be $11,728.57 for rent and $315.05 for water rates to 25 September 2024. The tenant said that she had correspondence from MSD to say that they would pay for water directly. The tenant was asked to provide that evidence by 2 pm on the hearing date. No evidence has been provided.

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.

In this case a TV was damaged. The tenants said that her neighbour entered her house and threw her cell phone which hit and damaged the TV. A photo of the TV was provided showing that the screen had been smashed.

“Permission” can be actual or implied. In this case the neighbour had been to the tenants premises on a number of occasions with permission. Has the tenant taken reasonable steps to exclude that person from the premises? No evidence was provided of an attempt to exclude the neighbour. I consider that the neighbour was present with implied permission and that the tenant is accordingly liable for the damage.

The amounts ordered is proven.

I have taken into account betterment and depreciation in setting the compensation at $700.00. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. This was a reasonably new TV and so the reduction for depreciation is limited.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly 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.

Claims and awards in Tenancy Tribunal application 4986210 — net $7,570.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,728.57	Rent arrears
Water rates	$315.05	Water rates
Television	$700.00	Television
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,570.62
Total payable by Tenant to Landlord	$7,570.62

Order

The tenancy of Letisha Kyle Tehira at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 6 November 2024.
The Bond Centre is to pay the bond of $5,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Letisha Kyle Tehira must pay [The landlord/s] $7,570.62 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much is owed for rent and water rates?

The tenancy will end on 6 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy will be $11,728.57 for rent and $315.05 for water rates to 25 September 2024. The tenant said that she had correspondence from MSD to say that they would pay for water directly. The tenant was asked to provide that evidence by 2 pm on the hearing date. No evidence has been provided.

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.
In this case a TV was damaged. The tenants said that her neighbour entered her house and threw her cell phone which hit and damaged the TV. A photo of the TV was provided showing that the screen had been smashed.
“Permission” can be actual or implied. In this case the neighbour had been to the tenants premises on a number of occasions with permission. Has the tenant taken reasonable steps to exclude that person from the premises? No evidence was provided of an attempt to exclude the neighbour. I consider that the neighbour was present with implied permission and that the tenant is accordingly liable for the damage.
The amounts ordered is proven.
I have taken into account betterment and depreciation in setting the compensation at $700.00. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. This was a reasonably new TV and so the reduction for depreciation is limited.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly 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.

Tenancy Tribunal case 4986210 — Rent arrears

At a glance

Tenancy Tribunal case 4986210 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

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