How much money was awarded in case 5005109?

Filing Fee: $27.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $172.79 awarded to landlord; Rent Arrears: $2,931.43 awarded to landlord; Rubbish Removal: $696.52 awarded to landlord; Tip Fee: $51.00 awarded to landlord

What type of tenancy dispute was case 5005109?

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

Where can I read the official tribunal order for case 5005109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343731-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5005109?

Filing Fee: $27.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $172.79 awarded to landlord; Rent Arrears: $2,931.43 awarded to landlord; Rubbish Removal: $696.52 awarded to landlord; Tip Fee: $51.00 awarded to landlord

What type of tenancy dispute was case 5005109?

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

Where can I read the official tribunal order for case 5005109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343731-Tenancy_Tribunal_Order.pdf.

Unit10, 18 Mataroa Road, Taihape, Taihape 4720 Tenancy Tribunal Case 5005109 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5005109?

The tribunal order states: Oceaneya Iraia Little must pay Inspire Property Management Ltd as agent for

Order

Oceaneya Iraia Little must pay Inspire Property Management Ltd as agent for Anyos Gonczy $4,228.74 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 29 August 2024$2,931.43 Cleaning and rubbish removal$696.52 Tip fee$51.00 Window repair – to excess level$350.00 Lock/key replacement$172.79 Filing fee reimbursement$27.00 Total award$4,228.74

Reasons

Claims and awards in Tenancy Tribunal application 5005109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$2,931.43	Rent arrears to 29 August 2024
Cleaning and rubbish removal	$696.52	Cleaning and rubbish removal
Tip fee	$51.00	Tip fee
Window repair – to excess level	$350.00	Window repair – to excess level
Lock/key replacement	$172.79	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement

The hearing was conducted on Microsoft Teams.

Kamila Bogdanovic attended for the landlord by video link. 1

The tenant did not attend. The hearing proceeded in her absence. 1 The Tribunal also spoke to Ms Bogdanovic by telephone.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 29 August 2024.

How much is owed for rent?

The landlord provided a rent summary which proved the rent arrears.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices. 2

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered for cleaning, rubbish removal, tip fee, and lock and key replacement are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, the front sliding door’s glass was broken.

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. 3

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). 4

Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5 2 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 3 RTA, s 40(2)(a), 41, and 49B. 4 RTA, s 49B(3)(a). 5 RTA, s 49B(1).

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.

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. 6

The damage occurred during the tenancy. The tenant has not proved they did not carelessly or intentionally cause the damage.

In this case, the landlord had insurance cover for the premises with an excess of $350.00.

It was not shown that the landlord’s insurer would not cover the damage because of the tenant’s conduct or that the tenant or a guest intentionally damaged the door. Therefore, the Tribunal will order the tenant to pay compensation to the level of the landlord’s excess. Filing fee

The tenant must reimburse the landlord for the filing fee. 7

Claims and awards in Tenancy Tribunal application 5005109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$2,931.43	Rent arrears to 29 August 2024
Cleaning and rubbish removal	$696.52	Cleaning and rubbish removal
Tip fee	$51.00	Tip fee
Window repair – to excess level	$350.00	Window repair – to excess level
Lock/key replacement	$172.79	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

Reasons

The hearing was conducted on Microsoft Teams.
Kamila Bogdanovic attended for the landlord by video link. 1
The tenant did not attend. The hearing proceeded in her absence. 1 The Tribunal also spoke to Ms Bogdanovic by telephone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 29 August 2024.

How much is owed for rent?

The landlord provided a rent summary which proved the rent arrears.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices. 2
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered for cleaning, rubbish removal, tip fee, and lock and key replacement are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, the front sliding door’s glass was broken.
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. 3
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). 4
Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5 2 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 3 RTA, s 40(2)(a), 41, and 49B. 4 RTA, s 49B(3)(a). 5 RTA, s 49B(1).
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.
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. 6
The damage occurred during the tenancy. The tenant has not proved they did not carelessly or intentionally cause the damage.
In this case, the landlord had insurance cover for the premises with an excess of $350.00.
It was not shown that the landlord’s insurer would not cover the damage because of the tenant’s conduct or that the tenant or a guest intentionally damaged the door. Therefore, the Tribunal will order the tenant to pay compensation to the level of the landlord’s excess. Filing fee
The tenant must reimburse the landlord for the filing fee. 7

Tenancy Tribunal case 5005109 — Rent arrears at Unit10, 18 Mataroa Road, Taihape, Taihape 4720

At a glance

Tenancy Tribunal case 5005109 — Rent arrears at Unit10, 18 Mataroa Road, Taihape, Taihape 4720

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Claims & awards

Order

Reasons

How much is owed for rent?

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