What was the outcome of Tenancy Tribunal case 4986695?

The tribunal order states: The tenancy of Tara Harris at 76 Pukepoto Road, Kaitaia, Kaitaia 0410 is

How much money was awarded in case 4986695?

Filing Fee: $27.00 awarded to landlord; Property Damage: $207.56 awarded to landlord; Property Damage: $192.33 awarded to landlord; Rent Arrears: $5,970.00 awarded to landlord

What type of tenancy dispute was case 4986695?

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

Where can I read the official tribunal order for case 4986695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11118990-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986695?

The tribunal order states: The tenancy of Tara Harris at 76 Pukepoto Road, Kaitaia, Kaitaia 0410 is

How much money was awarded in case 4986695?

Filing Fee: $27.00 awarded to landlord; Property Damage: $207.56 awarded to landlord; Property Damage: $192.33 awarded to landlord; Rent Arrears: $5,970.00 awarded to landlord

What type of tenancy dispute was case 4986695?

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

Where can I read the official tribunal order for case 4986695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11118990-Tenancy_Tribunal_Order.pdf.

76 Pukepoto Road, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 4986695 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986695 — net $4,716.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,970.00	Rent arrears
Window repairs	$207.56	Window repairs
Window repairs	$192.33	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,716.89
Total payable by Tenant to Landlord	$4,716.89

The tenancy of Tara Harris at 76 Pukepoto Road, Kaitaia, Kaitaia 0410 is terminated, and possession is granted to Far North Circle Real Estate Ltd As Agent For Daani Lasikie, at 11.59 am on Thursday 28 November 2024.

The Bond Centre is to pay the bond of $1,680.00 (6343094-009) to Far North Circle Real Estate Ltd As Agent For Daani Lasikie immediately.

Tara Harris must pay Far North Circle Real Estate Ltd As Agent For Daani Lasikie $4,716.89 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

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 does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $5,970.00.

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: windows in both the porch and bathroom were broken. Two invoices for repairs were provided for $207.56 and $192.33. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Asa Far North Circle Real Estate Ltd As Agent For Daani Lasikie has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4986695 — net $4,716.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,970.00	Rent arrears
Window repairs	$207.56	Window repairs
Window repairs	$192.33	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,716.89
Total payable by Tenant to Landlord	$4,716.89

Order

The tenancy of Tara Harris at 76 Pukepoto Road, Kaitaia, Kaitaia 0410 is terminated, and possession is granted to Far North Circle Real Estate Ltd As Agent For Daani Lasikie, at 11.59 am on Thursday 28 November 2024.
The Bond Centre is to pay the bond of $1,680.00 (6343094-009) to Far North Circle Real Estate Ltd As Agent For Daani Lasikie immediately.
Tara Harris must pay Far North Circle Real Estate Ltd As Agent For Daani Lasikie $4,716.89 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
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 does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $5,970.00.

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: windows in both the porch and bathroom were broken. Two invoices for repairs were provided for $207.56 and $192.33. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Asa Far North Circle Real Estate Ltd As Agent For Daani Lasikie has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4986695 — Rent arrears at 76 Pukepoto Road, Kaitaia, Kaitaia 0410

At a glance

Tenancy Tribunal case 4986695 — Rent arrears at 76 Pukepoto Road, Kaitaia, Kaitaia 0410

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions