What was Tenancy Tribunal case 5008429 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 5008429?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $310.77 awarded to landlord; To The Front Door: $692.43 awarded to landlord; To The Kitchen Window: $1,278.96 awarded to landlord

What type of tenancy dispute was case 5008429?

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

Where can I read the official tribunal order for case 5008429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11538514-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5008429 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 5008429?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $310.77 awarded to landlord; To The Front Door: $692.43 awarded to landlord; To The Kitchen Window: $1,278.96 awarded to landlord

What type of tenancy dispute was case 5008429?

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

Where can I read the official tribunal order for case 5008429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11538514-Tribunal_Order_Redacted.pdf.

27 Watling Street, Gate Pa, Tauranga 3112 Tenancy Tribunal Case 5008429 — Property damage

Tenantcheck Insights

27 Watling Street, Gate Pa, Tauranga 3112 Tenancy Tribunal Case 5008429 — 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 5008429 — net $2,309.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/4/2024	$310.77	Rent arrears to 10/4/2024
Repairs: to the front door	$692.43	Repairs: to the front door
Repairs: to the kitchen window	$1,278.96	Repairs: to the kitchen window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,309.16
Total payable by Tenant to Landlord	$2,309.16

Claims and awards for application 5008429 — net $2,309.16 NZD. Verify on MoJ.

Rent arrears to 10/4/2024

Amount: $310.77
Awarded to: Landlord
Reason: Rent arrears to 10/4/2024

Repairs: to the front door

Amount: $692.43
Awarded to: Landlord
Reason: Repairs: to the front door

Repairs: to the kitchen window

Amount: $1,278.96
Awarded to: Landlord
Reason: Repairs: to the kitchen window

Filing fee reimbursement

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

Net award

Landlord $2,309.16

Total payable by Tenant to Landlord

Landlord $2,309.16

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’s name and identifying details.
Melesoane Hui Hui must pay [The landlord/s] $2,309.16 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The tenant could not be contacted. The Tribunal is satisfied that she has received notice of the hearing and full particulars of the claims made against her. The hearing therefore proceeded in her absence.
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 10/4/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered takes account of the bond that has now been refunded to the landlord.

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.
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: the front door and kitchen window were damaged by the tenant’s dog. The damage is more than fair wear and tear, can reasonably be inferred to be caused by intentional actions, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount ordered against the tenant is to reimburse the landlord for actual repair costs only.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression order.

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 5008429 — net $2,309.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/4/2024	$310.77	Rent arrears to 10/4/2024
Repairs: to the front door	$692.43	Repairs: to the front door
Repairs: to the kitchen window	$1,278.96	Repairs: to the kitchen window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,309.16
Total payable by Tenant to Landlord	$2,309.16

Claims and awards for application 5008429 — net $2,309.16 NZD. Verify on MoJ.

Rent arrears to 10/4/2024

Amount: $310.77
Awarded to: Landlord
Reason: Rent arrears to 10/4/2024

Repairs: to the front door

Amount: $692.43
Awarded to: Landlord
Reason: Repairs: to the front door

Repairs: to the kitchen window

Amount: $1,278.96
Awarded to: Landlord
Reason: Repairs: to the kitchen window

Filing fee reimbursement

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

Net award

Landlord $2,309.16

Total payable by Tenant to Landlord

Landlord $2,309.16

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’s name and identifying details.
Melesoane Hui Hui must pay [The landlord/s] $2,309.16 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The tenant could not be contacted. The Tribunal is satisfied that she has received notice of the hearing and full particulars of the claims made against her. The hearing therefore proceeded in her absence.
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 10/4/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered takes account of the bond that has now been refunded to the landlord.

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.
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: the front door and kitchen window were damaged by the tenant’s dog. The damage is more than fair wear and tear, can reasonably be inferred to be caused by intentional actions, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount ordered against the tenant is to reimburse the landlord for actual repair costs only.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve the requested name suppression order.

Tenancy Tribunal case 5008429 — Property damage at 27 Watling Street, Gate Pa, Tauranga 3112

At a glance

Tenancy Tribunal case 5008429 — Property damage at 27 Watling Street, Gate Pa, Tauranga 3112

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