What was the outcome of Tenancy Tribunal case 5030688?

The tribunal order states: Myrna Taylor must pay Home In Place (New Zealand) Limited As Agent For

How much money was awarded in case 5030688?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,132.75 awarded to landlord; Rent Arrears: $340.71 awarded to landlord

What type of tenancy dispute was case 5030688?

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

Where can I read the official tribunal order for case 5030688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11237765-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5030688?

The tribunal order states: Myrna Taylor must pay Home In Place (New Zealand) Limited As Agent For

How much money was awarded in case 5030688?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,132.75 awarded to landlord; Rent Arrears: $340.71 awarded to landlord

What type of tenancy dispute was case 5030688?

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

Where can I read the official tribunal order for case 5030688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11237765-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 121 Church Street, West End, Palmerston North Tenancy Tribunal Case 5030688 — Property damage

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Unit/Flat 6, 121 Church Street, West End, Palmerston North Tenancy Tribunal Case 5030688 — 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 5030688 — net $1,500.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$340.71	Rent arrears
Replacement oven	$1,132.75	Replacement oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.46
Total payable by Tenant to Landlord	$1,500.46

Claims and awards for application 5030688 — net $1,500.46 NZD. Verify on MoJ.

Rent arrears

Amount: $340.71
Awarded to: Landlord
Reason: Rent arrears

Replacement oven

Amount: $1,132.75
Awarded to: Landlord
Reason: Replacement oven

Filing fee reimbursement

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

Net award

Landlord $1,500.46

Total payable by Tenant to Landlord

Landlord $1,500.46

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Myrna Taylor must pay Home In Place (New Zealand) Limited As Agent For Owner $1,500.46 immediately, calculated as shown in table below.
The application to terminate this tenancy is dismissed.

Reasons

The landlord attended the hearing. The tenant was called twice on the number provided but did not answer. The absence of a party does not prevent a matter from being heard and determined.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and compensation for damage.

How much is owed for rent?

The landlord provided rent records which prove the amount owing today.

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 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 following damage was caused during the tenancy: oven door broken by the tenant’s partner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is liable for the actions of others at the premises with their permission.
The amount ordered is proved. I accept the evidence of the landlord that a replacement oven is more cost effective than replacing the door.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent as and when it falls due, and by her partner causing damage to the premises.
The landlord served a 14-day notice on the tenant on 19 September 2024, and the tenant did not remedy the breach within the required period.
However, I do not find it would be inequitable to refuse to terminate the tenancy. The breaches do not have the requisite degree of seriousness to terminate the tenancy at this time.
As the landlord has partly succeeded with the claim, the tenant must reimburse the filing fee.

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 5030688 — net $1,500.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$340.71	Rent arrears
Replacement oven	$1,132.75	Replacement oven
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.46
Total payable by Tenant to Landlord	$1,500.46

Claims and awards for application 5030688 — net $1,500.46 NZD. Verify on MoJ.

Rent arrears

Amount: $340.71
Awarded to: Landlord
Reason: Rent arrears

Replacement oven

Amount: $1,132.75
Awarded to: Landlord
Reason: Replacement oven

Filing fee reimbursement

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

Net award

Landlord $1,500.46

Total payable by Tenant to Landlord

Landlord $1,500.46

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Myrna Taylor must pay Home In Place (New Zealand) Limited As Agent For Owner $1,500.46 immediately, calculated as shown in table below.
The application to terminate this tenancy is dismissed.

Reasons

The landlord attended the hearing. The tenant was called twice on the number provided but did not answer. The absence of a party does not prevent a matter from being heard and determined.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and compensation for damage.

How much is owed for rent?

The landlord provided rent records which prove the amount owing today.

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 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 following damage was caused during the tenancy: oven door broken by the tenant’s partner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is liable for the actions of others at the premises with their permission.
The amount ordered is proved. I accept the evidence of the landlord that a replacement oven is more cost effective than replacing the door.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent as and when it falls due, and by her partner causing damage to the premises.
The landlord served a 14-day notice on the tenant on 19 September 2024, and the tenant did not remedy the breach within the required period.
However, I do not find it would be inequitable to refuse to terminate the tenancy. The breaches do not have the requisite degree of seriousness to terminate the tenancy at this time.
As the landlord has partly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5030688 — Property damage at Unit/Flat 6, 121 Church Street, West End, Palmerston North

At a glance

Tenancy Tribunal case 5030688 — Property damage at Unit/Flat 6, 121 Church Street, West End, Palmerston North

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?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

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?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions