What was Tenancy Tribunal case 5022763 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 5022763?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $580.00 awarded to landlord; Property Damage: $464.37 awarded to landlord; Property Damage: $1,005.10 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5022763?

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

Where can I read the official tribunal order for case 5022763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390928-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5022763 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 5022763?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $580.00 awarded to landlord; Property Damage: $464.37 awarded to landlord; Property Damage: $1,005.10 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5022763?

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

Where can I read the official tribunal order for case 5022763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390928-Tribunal_Order_Redacted.pdf.

17 Amundsen Grove, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5022763 — Property damage

Tenantcheck Insights

17 Amundsen Grove, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5022763 — 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 5022763 — net $1,476.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$580.00	Rent arrears
Rubbish removal	$600.00	Rubbish removal
Repairs: Internal door replacement	$464.37	Repairs: Internal door replacement
Repairs: Sliding door repair	$1,005.10	Repairs: Sliding door repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,476.47
Total payable by Tenant to Landlord	$1,476.47

Claims and awards for application 5022763 — net $1,476.47 NZD. Verify on MoJ.

Rent arrears

Amount: $580.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $600.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Internal door replacement

Amount: $464.37
Awarded to: Landlord
Reason: Repairs: Internal door replacement

Repairs: Sliding door repair

Amount: $1,005.10
Awarded to: Landlord
Reason: Repairs: Sliding door repair

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Bridget-Anne Ashcroft must pay [The landlord/s] $1,476.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful.
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?

The tenancy ended on 30 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
The claim is proven.

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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographic evidence confirming the state of the premises at the end of the tenancy. I have also sighted an expense claim from Busy Bee dated 11 September 2024 in support of this claim.
The amount ordered is proved.

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 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. 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 landlord claims that the tenant damaged the glass of a sliding door. The glass had to be replaced. I have sighted an expense claim from Complete Aluminium Maintenance dated 14 March 2024 including photographic evidence in support of this claim.
The landlord also claims that the tenant damaged two internal doors which required replacing. I have sighted photographic evidence in support along with an expense claim from Home Services Limited dated 9 September 2024.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 5022763 — net $1,476.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$580.00	Rent arrears
Rubbish removal	$600.00	Rubbish removal
Repairs: Internal door replacement	$464.37	Repairs: Internal door replacement
Repairs: Sliding door repair	$1,005.10	Repairs: Sliding door repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,476.47
Total payable by Tenant to Landlord	$1,476.47

Claims and awards for application 5022763 — net $1,476.47 NZD. Verify on MoJ.

Rent arrears

Amount: $580.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $600.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Internal door replacement

Amount: $464.37
Awarded to: Landlord
Reason: Repairs: Internal door replacement

Repairs: Sliding door repair

Amount: $1,005.10
Awarded to: Landlord
Reason: Repairs: Sliding door repair

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Bridget-Anne Ashcroft must pay [The landlord/s] $1,476.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful.
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?

The tenancy ended on 30 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
The claim is proven.

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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographic evidence confirming the state of the premises at the end of the tenancy. I have also sighted an expense claim from Busy Bee dated 11 September 2024 in support of this claim.
The amount ordered is proved.

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 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. 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 landlord claims that the tenant damaged the glass of a sliding door. The glass had to be replaced. I have sighted an expense claim from Complete Aluminium Maintenance dated 14 March 2024 including photographic evidence in support of this claim.
The landlord also claims that the tenant damaged two internal doors which required replacing. I have sighted photographic evidence in support along with an expense claim from Home Services Limited dated 9 September 2024.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5022763 — Property damage at 17 Amundsen Grove, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 5022763 — Property damage at 17 Amundsen Grove, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

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

Frequently asked questions

Award balance

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

Frequently asked questions