What was Tenancy Tribunal case 5002969 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 5002969?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4969714 D…: $27.00 awarded to landlord; Rent Arrears: $123.00 awarded to landlord; Rent Credit: $141.57 awarded to tenant; Bedroom Door: $207.00 awarded to landlord; Property Damage: $1,236.25 awarded to landlord

What type of tenancy dispute was case 5002969?

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

Where can I read the official tribunal order for case 5002969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11131320-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5002969 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 5002969?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4969714 D…: $27.00 awarded to landlord; Rent Arrears: $123.00 awarded to landlord; Rent Credit: $141.57 awarded to tenant; Bedroom Door: $207.00 awarded to landlord; Property Damage: $1,236.25 awarded to landlord

What type of tenancy dispute was case 5002969?

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

Where can I read the official tribunal order for case 5002969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11131320-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5002969 — Property damage

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New Zealand Tenancy Tribunal Case 5002969 — 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 5002969 — net $1,478.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$123.00		Rent arrears
Previous order application 4969714 dated 27/08/2024	$27.00		Previous order application 4969714 dated 27/08/2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Repairs: Bedroom door	$207.00		Repairs: Bedroom door
Repairs: Replacement benchtop (depreciated	$1,236.25		Repairs: Replacement benchtop (depreciated
Rent credit		$141.57	Rent credit
Total award	$1,620.25	$141.57
Net award	$1,478.68
Total payable by Tenant to Landlord	$1,478.68

Claims and awards for application 5002969 — net $1,478.68 NZD. Verify on MoJ.

Rent arrears

Amount: $123.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4969714 dated 27/08/2024

Amount: $27.00
Awarded to: Landlord
Reason: Previous order application 4969714 dated 27/08/2024

Filing fee reimbursement

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

Repairs: Bedroom door

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: Bedroom door

Repairs: Replacement benchtop (depreciated

Amount: $1,236.25
Awarded to: Landlord
Reason: Repairs: Replacement benchtop (depreciated

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Gitika Panth and Jasdeep Arora must pay [The landlord/s] $1,478.68 immediately, calculated as shown in table below.
This order incorporates the Tribunal sealed mediated order made on 27 August 2024 under application 4969714.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 12 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered. The bond was previously released and applied the higher rent arrears at that time.
A rent credit of $141.57 exists and has been used to offset some of the debt in this order.

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 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:
Kitchen benchtop. The benchtop was in good condition at the start of the tenancy. By the end of the tenancy, it was badly damaged and needing replacement. The two photos below are comparative between entry and exit:
The landlord incurred a benchtop replacement cost of $2,241.50, as invoiced. The actual claim was for a reduced amount to allow for depreciation. The claim was for $1,236.25 and this is awarded in full.
The second claim was accepted as a variation at the hearing. The issue had been raised with the tenant previously. This claim of $207.00 was for the repair and repainting of a hole in a bedroom door. Photos and an invoice support the claim. A basic attempt to repair the hole by the tenant was poorly done and the further effort of the landlord to finish the repair was proven.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Prior order
On 27 August 2024 the Tribunal sealed a mediated order relating to this tenancy, part of that ordered the return of the $27.00 filing fee. That was never paid. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

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 5002969 — net $1,478.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$123.00		Rent arrears
Previous order application 4969714 dated 27/08/2024	$27.00		Previous order application 4969714 dated 27/08/2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Repairs: Bedroom door	$207.00		Repairs: Bedroom door
Repairs: Replacement benchtop (depreciated	$1,236.25		Repairs: Replacement benchtop (depreciated
Rent credit		$141.57	Rent credit
Total award	$1,620.25	$141.57
Net award	$1,478.68
Total payable by Tenant to Landlord	$1,478.68

Claims and awards for application 5002969 — net $1,478.68 NZD. Verify on MoJ.

Rent arrears

Amount: $123.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4969714 dated 27/08/2024

Amount: $27.00
Awarded to: Landlord
Reason: Previous order application 4969714 dated 27/08/2024

Filing fee reimbursement

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

Repairs: Bedroom door

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: Bedroom door

Repairs: Replacement benchtop (depreciated

Amount: $1,236.25
Awarded to: Landlord
Reason: Repairs: Replacement benchtop (depreciated

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Gitika Panth and Jasdeep Arora must pay [The landlord/s] $1,478.68 immediately, calculated as shown in table below.
This order incorporates the Tribunal sealed mediated order made on 27 August 2024 under application 4969714.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 12 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered. The bond was previously released and applied the higher rent arrears at that time.
A rent credit of $141.57 exists and has been used to offset some of the debt in this order.

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 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:
Kitchen benchtop. The benchtop was in good condition at the start of the tenancy. By the end of the tenancy, it was badly damaged and needing replacement. The two photos below are comparative between entry and exit:
The landlord incurred a benchtop replacement cost of $2,241.50, as invoiced. The actual claim was for a reduced amount to allow for depreciation. The claim was for $1,236.25 and this is awarded in full.
The second claim was accepted as a variation at the hearing. The issue had been raised with the tenant previously. This claim of $207.00 was for the repair and repainting of a hole in a bedroom door. Photos and an invoice support the claim. A basic attempt to repair the hole by the tenant was poorly done and the further effort of the landlord to finish the repair was proven.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Prior order
On 27 August 2024 the Tribunal sealed a mediated order relating to this tenancy, part of that ordered the return of the $27.00 filing fee. That was never paid. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5002969 — Property damage

At a glance

Tenancy Tribunal case 5002969 — Property damage

At a glance

Award balance

Claims & awards

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

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