What was Tenancy Tribunal case 5021359 about?

The tribunal order states: An application for suppression has been made in this case by [Tenant 1]. That

How much money was awarded in case 5021359?

Dispose Of Old Doors: $230.00 awarded to landlord; Door Hinges And Handles: $409.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour - Replace Doors: $460.00 awarded to landlord; New Doors (4: $2,898.00 awarded to landlord; Plaster And Paint Wall Holes (2: $861.35 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $293.05 awarded to landlord

What type of tenancy dispute was case 5021359?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5021359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655542-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5021359 about?

The tribunal order states: An application for suppression has been made in this case by [Tenant 1]. That

How much money was awarded in case 5021359?

Dispose Of Old Doors: $230.00 awarded to landlord; Door Hinges And Handles: $409.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour - Replace Doors: $460.00 awarded to landlord; New Doors (4: $2,898.00 awarded to landlord; Plaster And Paint Wall Holes (2: $861.35 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $293.05 awarded to landlord

What type of tenancy dispute was case 5021359?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5021359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655542-Tribunal_Order_Redacted.pdf.

61 Lyons Avenue, Murrays Bay, Auckland 0630 Tenancy Tribunal Case 5021359 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5021359 — net $3,528.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,750.00	Rent arrears
Water rates	$293.05	Water rates
New doors (4	$2,898.00	New doors (4
Door hinges and handles	$409.40	Door hinges and handles
Labour - replace doors	$460.00	Labour - replace doors
Dispose of old doors	$230.00	Dispose of old doors
Plaster and paint wall holes (2	$861.35	Plaster and paint wall holes (2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,528.80
Total payable by Tenant to Landlord	$3,528.80

An application for suppression has been made in this case by [Tenant 1]. That application is supported by the landlord and the Tribunal orders suppression of [Tenant 1]’s name and identifying details.

[The tenant/s] must pay Home365 Property Management Limited $3,528.80 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to Home365 Property Management Limited immediately.

Reasons

The landlord and [Tenant 1] attended the hearing. Ms Tawa was phoned but elected not to take part.

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

How much is owed for rent and water rates?

The tenancy ended on 29 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Those claims are not disputed.

Are the tenants 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.

It is not disputed that during the tenancy 4 wood veneer doors were badly damaged. The landlord accepts that [Tenant 1] is only responsible for damage to one of the doors. The other three were intentionally damaged by Ms Tawa.

The evidence shows significant efforts made by the landlord to enable [Tenant 1] to arrange replacement of the doors at a price less than the quote obtained by the landlord, but that did not happen.

The quote provided by the landlord proves the loss the landlord will incur in having the old doors removed and disposed of and new doors installed. I accept that the landlord is entitled to have the doors replaced with doors that match those remaining in the premises.

Two holes in separate walls were caused during the tenancy by Ms Tawa. The landlord has provided a quote for having those holes plastered and painted. I accept the landlord’s position that because those walls are wallpapered, once each hole is plastered, it will be necessary to paint the whole wall, as per the quote. That being so, the compensation sum claimed is reasonable.

In the discussions between the parties, the landlord was prepared to work with the tenants separately to each remedy the breaches they were responsible for. The landlord wants this Order though to be made against the tenants jointly. That means [Tenant 1] would be legally liable under this Order for the cost of repairing damage she herself did not cause.

The tenants are jointly and severally liable for the tenants’ obligations. Paragraph 5 of the Terms and Condition in the agreement provides: “The tenants hereby agree that they are jointly and severally liable to the landlord for any debt due arising out of the tenancy agreement between the parties, and for the performance of all covenants set out in the agreement or the Residential Tenancies Act 1986...”

Accordingly, unless agreed otherwise by the landlord, the Order must be made against the tenants jointly.

Because the landlord has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5021359 — net $3,528.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,750.00	Rent arrears
Water rates	$293.05	Water rates
New doors (4	$2,898.00	New doors (4
Door hinges and handles	$409.40	Door hinges and handles
Labour - replace doors	$460.00	Labour - replace doors
Dispose of old doors	$230.00	Dispose of old doors
Plaster and paint wall holes (2	$861.35	Plaster and paint wall holes (2
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,528.80
Total payable by Tenant to Landlord	$3,528.80

Order

An application for suppression has been made in this case by [Tenant 1]. That application is supported by the landlord and the Tribunal orders suppression of [Tenant 1]’s name and identifying details.
[The tenant/s] must pay Home365 Property Management Limited $3,528.80 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to Home365 Property Management Limited immediately.

Reasons

The landlord and [Tenant 1] attended the hearing. Ms Tawa was phoned but elected not to take part.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 29 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Those claims are not disputed.

Are the tenants 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.
It is not disputed that during the tenancy 4 wood veneer doors were badly damaged. The landlord accepts that [Tenant 1] is only responsible for damage to one of the doors. The other three were intentionally damaged by Ms Tawa.
The evidence shows significant efforts made by the landlord to enable [Tenant 1] to arrange replacement of the doors at a price less than the quote obtained by the landlord, but that did not happen.
The quote provided by the landlord proves the loss the landlord will incur in having the old doors removed and disposed of and new doors installed. I accept that the landlord is entitled to have the doors replaced with doors that match those remaining in the premises.
Two holes in separate walls were caused during the tenancy by Ms Tawa. The landlord has provided a quote for having those holes plastered and painted. I accept the landlord’s position that because those walls are wallpapered, once each hole is plastered, it will be necessary to paint the whole wall, as per the quote. That being so, the compensation sum claimed is reasonable.
In the discussions between the parties, the landlord was prepared to work with the tenants separately to each remedy the breaches they were responsible for. The landlord wants this Order though to be made against the tenants jointly. That means [Tenant 1] would be legally liable under this Order for the cost of repairing damage she herself did not cause.
The tenants are jointly and severally liable for the tenants’ obligations. Paragraph 5 of the Terms and Condition in the agreement provides: “The tenants hereby agree that they are jointly and severally liable to the landlord for any debt due arising out of the tenancy agreement between the parties, and for the performance of all covenants set out in the agreement or the Residential Tenancies Act 1986...”
Accordingly, unless agreed otherwise by the landlord, the Order must be made against the tenants jointly.
Because the landlord has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5021359 — Rent arrears at 61 Lyons Avenue, Murrays Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5021359 — Rent arrears at 61 Lyons Avenue, Murrays Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Are the tenants 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 and water rates?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions