What was Tenancy Tribunal case 4988149 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4988149?

Compensation: $277.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4988149?

The dispute type was not classified.

Where can I read the official tribunal order for case 4988149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190473-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4988149 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4988149?

Compensation: $277.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4988149?

The dispute type was not classified.

Where can I read the official tribunal order for case 4988149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190473-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4988149 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4988149 — Tenancy dispute | 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 4988149 — net $304.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation to replace apple tree	$277.50	Compensation to replace apple tree
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$304.50
Total payable by Tenant to Landlord	$304.50

Claims and awards for application 4988149 — net $304.50 NZD. Verify on MoJ.

Compensation to replace apple tree

Amount: $277.50
Awarded to: Landlord
Reason: Compensation to replace apple tree

Filing fee reimbursement

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

Net award

Landlord $304.50

Total payable by Tenant to Landlord

Landlord $304.50

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
[The tenant/s] must pay [The landlord/s] $304.50 by 5:00pm on Friday 13 December 2024, calculated as shown in table below:

Reasons

Both parties attended the hearing held remotely today.
The landlord confirms that the sole issue to be resolved concerns the cutting down of an apple tree at the property.
There were two mature apple trees at the property when the tenant rented it. One of the apple trees has been cut down by an acquaintance of the tenant.
The tenancy agreement includes a term that says the tenant agrees not to damage or remove any tree, shrub or bush from the property; see clause 20, under the Terms and Conditions in the tenancy agreement.
A tenant is responsible for the actions of anyone else who is at the property with their permission; s41 Residential tenancies Act 1986 (RTA).
This means although the tenant herself did not cut the tree down, she is liable for any compensation or breach.
The tenant accepts this and has provided quotes from two different suppliers for apple trees of about 2 metres in height or 5-6 years old. The quotes are $225.00 and $277.50 (excluding freight).
After hearing from both parties and considering the written evidence, I have decided that it is fair and reasonable to award compensation to the landlords of the higher amount of $277.50. This enables the landlords to select from the varieties available from the more expensive supplier.
The landlords’ representative said that the lost tree was worth considerably more than this as it was over 20 years old. That may be the case however I do not award a higher amount because there was no evidence of what an older tree might cost, the representative advises that there are no older trees available, and it is unknown whether an older tree would be successfully transplanted.
Compensation must be reasonable as well as justified.
I make no award for freight costs as these are unknown.
The tenant agrees to pay the amount in full by the end of this week, so I have made this order. I also order payment of the filing fee.
The landlords will be responsible for buying and planting the tree, if that is what they choose to do. They are free to choose not to replace the tree.
I suppress the landlords’ name as applied for. I also suppress the tenant’s name. She freely offered to compensate the landlord and to this order being made. I accept her oral evidence that it was an acquaintance who cut the tree down when she was not home. The impact on her of publishing her name outweighs the public interest.

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 4988149 — net $304.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation to replace apple tree	$277.50	Compensation to replace apple tree
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$304.50
Total payable by Tenant to Landlord	$304.50

Claims and awards for application 4988149 — net $304.50 NZD. Verify on MoJ.

Compensation to replace apple tree

Amount: $277.50
Awarded to: Landlord
Reason: Compensation to replace apple tree

Filing fee reimbursement

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

Net award

Landlord $304.50

Total payable by Tenant to Landlord

Landlord $304.50

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
[The tenant/s] must pay [The landlord/s] $304.50 by 5:00pm on Friday 13 December 2024, calculated as shown in table below:

Reasons

Both parties attended the hearing held remotely today.
The landlord confirms that the sole issue to be resolved concerns the cutting down of an apple tree at the property.
There were two mature apple trees at the property when the tenant rented it. One of the apple trees has been cut down by an acquaintance of the tenant.
The tenancy agreement includes a term that says the tenant agrees not to damage or remove any tree, shrub or bush from the property; see clause 20, under the Terms and Conditions in the tenancy agreement.
A tenant is responsible for the actions of anyone else who is at the property with their permission; s41 Residential tenancies Act 1986 (RTA).
This means although the tenant herself did not cut the tree down, she is liable for any compensation or breach.
The tenant accepts this and has provided quotes from two different suppliers for apple trees of about 2 metres in height or 5-6 years old. The quotes are $225.00 and $277.50 (excluding freight).
After hearing from both parties and considering the written evidence, I have decided that it is fair and reasonable to award compensation to the landlords of the higher amount of $277.50. This enables the landlords to select from the varieties available from the more expensive supplier.
The landlords’ representative said that the lost tree was worth considerably more than this as it was over 20 years old. That may be the case however I do not award a higher amount because there was no evidence of what an older tree might cost, the representative advises that there are no older trees available, and it is unknown whether an older tree would be successfully transplanted.
Compensation must be reasonable as well as justified.
I make no award for freight costs as these are unknown.
The tenant agrees to pay the amount in full by the end of this week, so I have made this order. I also order payment of the filing fee.
The landlords will be responsible for buying and planting the tree, if that is what they choose to do. They are free to choose not to replace the tree.
I suppress the landlords’ name as applied for. I also suppress the tenant’s name. She freely offered to compensate the landlord and to this order being made. I accept her oral evidence that it was an acquaintance who cut the tree down when she was not home. The impact on her of publishing her name outweighs the public interest.

Tenancy Tribunal case 4988149 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4988149 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions