What was Tenancy Tribunal case 5002511 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 5002511?

Filing Fee: $27.00 awarded to landlord; Property Damage: $95.00 awarded to landlord

What type of tenancy dispute was case 5002511?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5002511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233895-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5002511 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 5002511?

Filing Fee: $27.00 awarded to landlord; Property Damage: $95.00 awarded to landlord

What type of tenancy dispute was case 5002511?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5002511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233895-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5002511 — Property damage

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New Zealand Tenancy Tribunal Case 5002511 — Property damage | 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 5002511 — net $122.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repair: washing machine	$95.00	Repair: washing machine
Net award	$122.00
Total payable by Tenant to Landlord	$122.00

Claims and awards for application 5002511 — net $122.00 NZD. Verify on MoJ.

Filing fee reimbursement

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

Repair: washing machine

Amount: $95.00
Awarded to: Landlord
Reason: Repair: washing machine

Net award

Landlord $122.00

Total payable by Tenant to Landlord

Landlord $122.00

Dismissed claims

Rent Arrears — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties name and identifying details.
[The tenant/s] must pay [The landlord/s] $122.00 immediately, calculated as shown in table below.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing. The landlord attended by video conference. The tenant attended by phone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The landlord applied for rent arrears.
The rent summary provided does not indicate there is any rent arrears as it records the tenant paying for rent when the property manager had paid the rent to the landlord from their own funds. The property manager sought the amounts paid by the property manager to the landlord. I indicated at the hearing, to make an order for rent arrears I would require a rent summary which clearly shows: the rental history of the tenancy from the start of the tenancy, when the rent was due, when the rent was paid or not paid, a running total of the arrears.
I note this is specified in the application form to the Tribunal. The landlord did not seek to pursue the claim for rent arrears by filing an accurate rent statement and accordingly the claim is dismissed.

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. 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.
The following damage was caused during the tenancy: The washing machine was overloaded by the tenant using it incorrectly. The damage is more than fair wear and tear. By consent I make an order for the repair fee. Filing fee
Because the landlord has substantially succeeded with the claim and by consent, I have reimbursed the filing fee. Suppression
In having regards to the interests of the parties and the public interest I have not made an order suppressing the parties’ names and identifying details. See section 95A of the Residential Tenancies Act 1986.

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 5002511 — net $122.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repair: washing machine	$95.00	Repair: washing machine
Net award	$122.00
Total payable by Tenant to Landlord	$122.00

Claims and awards for application 5002511 — net $122.00 NZD. Verify on MoJ.

Filing fee reimbursement

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

Repair: washing machine

Amount: $95.00
Awarded to: Landlord
Reason: Repair: washing machine

Net award

Landlord $122.00

Total payable by Tenant to Landlord

Landlord $122.00

Dismissed claims

Rent Arrears — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties name and identifying details.
[The tenant/s] must pay [The landlord/s] $122.00 immediately, calculated as shown in table below.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing. The landlord attended by video conference. The tenant attended by phone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.

How much is owed for rent?

The landlord applied for rent arrears.
The rent summary provided does not indicate there is any rent arrears as it records the tenant paying for rent when the property manager had paid the rent to the landlord from their own funds. The property manager sought the amounts paid by the property manager to the landlord. I indicated at the hearing, to make an order for rent arrears I would require a rent summary which clearly shows: the rental history of the tenancy from the start of the tenancy, when the rent was due, when the rent was paid or not paid, a running total of the arrears.
I note this is specified in the application form to the Tribunal. The landlord did not seek to pursue the claim for rent arrears by filing an accurate rent statement and accordingly the claim is dismissed.

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. 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.
The following damage was caused during the tenancy: The washing machine was overloaded by the tenant using it incorrectly. The damage is more than fair wear and tear. By consent I make an order for the repair fee. Filing fee
Because the landlord has substantially succeeded with the claim and by consent, I have reimbursed the filing fee. Suppression
In having regards to the interests of the parties and the public interest I have not made an order suppressing the parties’ names and identifying details. See section 95A of the Residential Tenancies Act 1986.

Tenancy Tribunal case 5002511 — Property damage

At a glance

Tenancy Tribunal case 5002511 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions