What was Tenancy Tribunal case 5042728 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 5042728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord

What type of tenancy dispute was case 5042728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312139-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5042728 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 5042728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,420.00 awarded to landlord

What type of tenancy dispute was case 5042728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312139-Tribunal_Order_Redacted.pdf.

41A Exminster Street, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5042728 — Rent arrears

Claims and awards in Tenancy Tribunal application 5042728. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,420.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Luke Corless to immediately pay [The landlord/s] $3,447.00
The tenant must carry out the following work to the premises, which must be completed by 15 February 2025. a. Sliding door repair ($631.35) b. Replace doors in downstairs bedroom, master bedroom and north facing bedroom (($1720.01) c. Repair/replace damaged wooden floor ($6,279.00)
As an alternative to compliance with Order 2, the tenant must pay the landlord the amounts in brackets in Order 3 immediately.
If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to the amounts in brackets in order 3 above. These costs may be treated as rent in arrears and enforced accordingly.
The landlord undertakes to provide a copy of the Excel spread sheet outlining all the repairs she deems necessary to Luke Corless by 16 January 2025.
As discussed at today’s hearing, the tenant is to complete these repairs to a reasonable tradesmanlike standard by 15 February 2025. If these repairs are not completed then the landlord has an opportunity to make a further claim against him for these repairs.

Reasons

This application was scheduled to be head remotely. Mr Corless did not link to the Teams link provided to him and all of the calls I made to three mobile numbers provided for him went unanswered. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, work orders and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which proves the amount owing as at 15 January 2025 - $3,420.00. Damages to premises
At the hearing I accepted the evidence that there was a considerable amount of damage to the premises which occurred during disputes between the tenant and his partner. This kind of damage is regarded as ‘intentional’ because the tenant must have been aware of a high likelihood of damage occurring and the disputes continued with resulting further damage.
To the extent that damage was caused by the tenant and his partner during these disputes, the tenant is liable to pay for the cost of repair.
At the hearing the landlord stated that she did not wish to terminate the tenancy either because of the rent arrears or because of the continuing damage to the premises. She stated that she wished to give the tenant a chance to remedy the issues because he had promised to do so.
For this reason I have issued a work order for three issues to be remedied by 15 February 2025. If these three issues have not been remedied then the tenant is to pay the quoted cost of repair. This is because if the work order is not consented to by both parties, then the Tribunal must make a monetary order as an alternative.
A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
I am making those three work orders because I accept the evidence that the tenant agreed to make the payments if the work was not done.
I am not making work orders for the remaining items on the spread sheet provided by the landlord. To make a work order I must at least have a quote for the cost of repair, rather than an estimate.
I do not have any quotes for these repairs. Nor has there been sufficient time for the landlord to prove that the damages occurred during the tenancy and that the tenant was liable to pay for the cost of repairs because they were intentional or caused carelessly.
At the hearing it was decided that in order to further action by the tenant, the landlord would send a copy of the spreadsheet to the tenant and require him to have these remedied to a tradesmanlike standard by 15 February 2025.
If any of the items are not remedied to the landlord’s satisfaction by 15 February 2025 then the landlord has the option to bring a further claim against the tenant for compensation for the cost of repairs/remedy.
The landlord understands that she will be required to prove those claims at the next hearing.
The tenant is required to allow reasonable access to the landlord so that the landlord can obtain the required evidence. Filing fee
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful in the claim against the tenant. C ter Haar 15 January 2025

Claims and awards in Tenancy Tribunal application 5042728. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,420.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Luke Corless to immediately pay [The landlord/s] $3,447.00
The tenant must carry out the following work to the premises, which must be completed by 15 February 2025. a. Sliding door repair ($631.35) b. Replace doors in downstairs bedroom, master bedroom and north facing bedroom (($1720.01) c. Repair/replace damaged wooden floor ($6,279.00)
As an alternative to compliance with Order 2, the tenant must pay the landlord the amounts in brackets in Order 3 immediately.
If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to the amounts in brackets in order 3 above. These costs may be treated as rent in arrears and enforced accordingly.
The landlord undertakes to provide a copy of the Excel spread sheet outlining all the repairs she deems necessary to Luke Corless by 16 January 2025.
As discussed at today’s hearing, the tenant is to complete these repairs to a reasonable tradesmanlike standard by 15 February 2025. If these repairs are not completed then the landlord has an opportunity to make a further claim against him for these repairs.

Reasons

This application was scheduled to be head remotely. Mr Corless did not link to the Teams link provided to him and all of the calls I made to three mobile numbers provided for him went unanswered. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, work orders and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which proves the amount owing as at 15 January 2025 - $3,420.00. Damages to premises
At the hearing I accepted the evidence that there was a considerable amount of damage to the premises which occurred during disputes between the tenant and his partner. This kind of damage is regarded as ‘intentional’ because the tenant must have been aware of a high likelihood of damage occurring and the disputes continued with resulting further damage.
To the extent that damage was caused by the tenant and his partner during these disputes, the tenant is liable to pay for the cost of repair.
At the hearing the landlord stated that she did not wish to terminate the tenancy either because of the rent arrears or because of the continuing damage to the premises. She stated that she wished to give the tenant a chance to remedy the issues because he had promised to do so.
For this reason I have issued a work order for three issues to be remedied by 15 February 2025. If these three issues have not been remedied then the tenant is to pay the quoted cost of repair. This is because if the work order is not consented to by both parties, then the Tribunal must make a monetary order as an alternative.
A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
I am making those three work orders because I accept the evidence that the tenant agreed to make the payments if the work was not done.
I am not making work orders for the remaining items on the spread sheet provided by the landlord. To make a work order I must at least have a quote for the cost of repair, rather than an estimate.
I do not have any quotes for these repairs. Nor has there been sufficient time for the landlord to prove that the damages occurred during the tenancy and that the tenant was liable to pay for the cost of repairs because they were intentional or caused carelessly.
At the hearing it was decided that in order to further action by the tenant, the landlord would send a copy of the spreadsheet to the tenant and require him to have these remedied to a tradesmanlike standard by 15 February 2025.
If any of the items are not remedied to the landlord’s satisfaction by 15 February 2025 then the landlord has the option to bring a further claim against the tenant for compensation for the cost of repairs/remedy.
The landlord understands that she will be required to prove those claims at the next hearing.
The tenant is required to allow reasonable access to the landlord so that the landlord can obtain the required evidence. Filing fee
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful in the claim against the tenant. C ter Haar 15 January 2025

Tenancy Tribunal case 5042728 — Rent arrears at 41A Exminster Street, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 5042728 — Rent arrears at 41A Exminster Street, Blockhouse Bay, Auckland 0600

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions