How much money was awarded in case 5023295?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,384.28 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Rates: $1,015.82 awarded to landlord

What type of tenancy dispute was case 5023295?

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

Where can I read the official tribunal order for case 5023295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11383730-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5023295?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,384.28 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Rates: $1,015.82 awarded to landlord

What type of tenancy dispute was case 5023295?

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

Where can I read the official tribunal order for case 5023295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11383730-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5023295 — Rent arrears

Q: What was Tenancy Tribunal case 5023295 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5023295 — net $707.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/8/24	$1,384.28	Rent arrears to 4/8/24
Water rates: to end of tenancy	$1,015.82	Water rates: to end of tenancy
Repairs: - blocked drain and damage – (insurance excess	$1,000.00	Repairs: - blocked drain and damage – (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$707.10
Total payable by Tenant to Landlord	$707.10

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Veronica Arkley and Maria Atimalala must pay [The landlord/s] $707.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the landlord’s claim is dismissed.

This matter is determined as indicated by the orders above, but the landlord is granted a period of two months within which, if the insurance claim is declined, they can request that the application be brought back before to the Tribunal with evidence of this and the matter will be re-opened.

Reasons

The landlord attended the hearing by video call.

The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.

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

How much is owed for rent and water rates?

The tenancy ended on 4 August 2024.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: Rent arrears - $1,384.28 and Water rates - $1,015.82.

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. 1

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). 2

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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4 1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 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. 5 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 following damage was caused during the tenancy: a. Blocked drain pipe i. The landlord says shortly after the tenant vacated, they inspected the property and there was a foul smell and overflow of the sewer coming from under the premises. ii. Subsequent investigations by a drainage firm discovered the drain was blocked by wet wipes. iii. The landlord says the damage to pipe and required clean-up was the result of the tenant carelessly putting wet wipes in the drain. iv. The landlord claimed $1,466.25 for the plumber’s fees and $2,416.50 for the sewage clean up. Photographs and detailed invoices have been provided in support of the claim. v. The landlord has insurance with an insurance excess of $1,000.00. A claim had not been made by the time of the hearing. I consider the damage was likely to be the result of the careless action of the tenant and make an order for the amount of the insurance excess. vi. The landlord is granted a period of two months within which, if the insurance claim is declined, they can request that the application be brought back before to the Tribunal with evidence of this and the matter will be re-opened.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The documents filed with the application included a photograph of the shower and invoice for the shower rail to be repaired however these did not form part of the application and were not sought by the landlord. Filing fee 5 See section 49B(1) RTA. 6 See Guo v Korck [2019] NZHC 1541.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Order

Claims and awards in Tenancy Tribunal application 5023295 — net $707.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/8/24	$1,384.28	Rent arrears to 4/8/24
Water rates: to end of tenancy	$1,015.82	Water rates: to end of tenancy
Repairs: - blocked drain and damage – (insurance excess	$1,000.00	Repairs: - blocked drain and damage – (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$707.10
Total payable by Tenant to Landlord	$707.10

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Veronica Arkley and Maria Atimalala must pay [The landlord/s] $707.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the landlord’s claim is dismissed.

Reasons

The landlord attended the hearing by video call.

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

How much is owed for rent and water rates?

The tenancy ended on 4 August 2024.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: Rent arrears - $1,384.28 and Water rates - $1,015.82.

Is the tenant responsible for the damage to the premises?

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 landlord has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 5023295 — Rent arrears

At a glance

Tenancy Tribunal case 5023295 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions