What was the outcome of Tenancy Tribunal case 4997128?

The tribunal order states: Jordan Ngata and Jade Bourke must pay Barfoot And Thompson As Agent For

How much money was awarded in case 4997128?

Break Fixed Term Expenses: $866.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,871.43 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $802.13 awarded to landlord; Replace Garage Door Remote: $135.00 awarded to landlord; Water Rates: $126.65 awarded to landlord

What type of tenancy dispute was case 4997128?

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

Where can I read the official tribunal order for case 4997128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057953-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4997128?

The tribunal order states: Jordan Ngata and Jade Bourke must pay Barfoot And Thompson As Agent For

How much money was awarded in case 4997128?

Break Fixed Term Expenses: $866.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,871.43 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $802.13 awarded to landlord; Replace Garage Door Remote: $135.00 awarded to landlord; Water Rates: $126.65 awarded to landlord

What type of tenancy dispute was case 4997128?

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

Where can I read the official tribunal order for case 4997128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057953-Tenancy_Tribunal_Order.pdf.

40 Gospel Heights, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4997128 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4997128 — net $5,728.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2024	$8,871.43	Rent arrears to 18 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace garage door remote	$135.00	Replace garage door remote
Repairs: Patch repairs to carpet	$300.00	Repairs: Patch repairs to carpet
Break fixed term expenses	$866.00	Break fixed term expenses
Repairs: Replace damaged wardrobe door	$802.13	Repairs: Replace damaged wardrobe door
Water rates: to end of tenancy	$126.65	Water rates: to end of tenancy
Net award	$5,728.21
Total payable by Tenant to Landlord	$5,728.21

Both parties attended the hearing by video conference. Mr Ngata appeared for both tenants.

The landlord has applied for rent arrears, water rates, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy.

The tenancy commenced on 22 April 2024. It was a fixed term tenancy with a contractual end date of 20 April 2025. By agreement the tenancy ended on 18 October 2024.

The landlord had applied for termination however as the tenancy ended by agreement I dismiss the application for termination. Rent arrears

The landlord provided rent records which prove the amount owing at the end of the tenancy was $8,871.43. The rent arrears are not disputed. Water rates

The landlord provided the final water rates reading and by consent I order the amount of the claim in full of $126.65.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security or pass cards or other such device. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the garage door remote. The claim for remote replacement was supported by an invoice. The amount ordered of $135.00 is proved and made by consent.

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 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: a. Hole in wardrobe door i. The landlord claimed a wardrobe door had been intentionally damaged and had to be replaced. The landlord provided a photo which showed a hole in the wardrobe and the tenant did not dispute the claim. The landlord submitted an invoice in support of the claim for $891.25. ii. The damage is more than fair wear and tear and likely caused by the tenants (or someone permitted to be in the premises by the tenant) intentional actions and the tenant did not disprove liability for this damage. I have allowed for depreciation (10%) and ordered $802.13. b. Carpet damage i. The landlord claimed the carpet was damaged in three places during the tenancy. The landlord provided photographs of the damage and the tenant accepted the damage was likely caused through the careless actions of others residing at the premises during the tenancy. The landlord submitted an invoice which was for patchwork repairs, and I make an order for the full amount claimed of $300.00 by consent.

The landlord provided pre and post tenancy inspection reports and oral evidence, invoices in support of the claims. The amounts ordered are proved.

I have taken into account betterment and depreciation. 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. I record that the premises was built in 2020. Landlord break lease expenses

Where a landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.

The landlord has provided a document titled “Application by Tenant/s to be released from a Fixed Term Tenancy” in support of the claim for $866.00. The landlord provided an itemised account of the expenses incurred and the tenant agreed with the amount sought therefore I make an order for the full amount claimed of $866.00. Bond

The bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Neither party sought name suppression.

Claims and awards in Tenancy Tribunal application 4997128 — net $5,728.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2024	$8,871.43	Rent arrears to 18 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace garage door remote	$135.00	Replace garage door remote
Repairs: Patch repairs to carpet	$300.00	Repairs: Patch repairs to carpet
Break fixed term expenses	$866.00	Break fixed term expenses
Repairs: Replace damaged wardrobe door	$802.13	Repairs: Replace damaged wardrobe door
Water rates: to end of tenancy	$126.65	Water rates: to end of tenancy
Net award	$5,728.21
Total payable by Tenant to Landlord	$5,728.21

Order

Jordan Ngata and Jade Bourke must pay Barfoot And Thompson As Agent For Liu, Nuan $5,728.21 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing by video conference. Mr Ngata appeared for both tenants.
The landlord has applied for rent arrears, water rates, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 22 April 2024. It was a fixed term tenancy with a contractual end date of 20 April 2025. By agreement the tenancy ended on 18 October 2024.
The landlord had applied for termination however as the tenancy ended by agreement I dismiss the application for termination. Rent arrears
The landlord provided rent records which prove the amount owing at the end of the tenancy was $8,871.43. The rent arrears are not disputed. Water rates
The landlord provided the final water rates reading and by consent I order the amount of the claim in full of $126.65.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security or pass cards or other such device. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the garage door remote. The claim for remote replacement was supported by an invoice. The amount ordered of $135.00 is proved and made by consent.

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 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: a. Hole in wardrobe door i. The landlord claimed a wardrobe door had been intentionally damaged and had to be replaced. The landlord provided a photo which showed a hole in the wardrobe and the tenant did not dispute the claim. The landlord submitted an invoice in support of the claim for $891.25. ii. The damage is more than fair wear and tear and likely caused by the tenants (or someone permitted to be in the premises by the tenant) intentional actions and the tenant did not disprove liability for this damage. I have allowed for depreciation (10%) and ordered $802.13. b. Carpet damage i. The landlord claimed the carpet was damaged in three places during the tenancy. The landlord provided photographs of the damage and the tenant accepted the damage was likely caused through the careless actions of others residing at the premises during the tenancy. The landlord submitted an invoice which was for patchwork repairs, and I make an order for the full amount claimed of $300.00 by consent.
The landlord provided pre and post tenancy inspection reports and oral evidence, invoices in support of the claims. The amounts ordered are proved.
I have taken into account betterment and depreciation. 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. I record that the premises was built in 2020. Landlord break lease expenses
Where a landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.
The landlord has provided a document titled “Application by Tenant/s to be released from a Fixed Term Tenancy” in support of the claim for $866.00. The landlord provided an itemised account of the expenses incurred and the tenant agreed with the amount sought therefore I make an order for the full amount claimed of $866.00. Bond
The bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Neither party sought name suppression.

Tenancy Tribunal case 4997128 — Rent arrears at 40 Gospel Heights, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4997128 — Rent arrears at 40 Gospel Heights, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions