What was Tenancy Tribunal case 5056712 about?

The tribunal order states: An error was made in the order dated 22 January 2025. The errors have been

How much money was awarded in case 5056712?

Filing Fee: $27.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent 22 - 24 Jan 2025: $334.29 awarded to landlord; Rent Arrears: $4,337.12 awarded to landlord

What type of tenancy dispute was case 5056712?

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

Where can I read the official tribunal order for case 5056712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343118-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5056712 about?

The tribunal order states: An error was made in the order dated 22 January 2025. The errors have been

How much money was awarded in case 5056712?

Filing Fee: $27.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent 22 - 24 Jan 2025: $334.29 awarded to landlord; Rent Arrears: $4,337.12 awarded to landlord

What type of tenancy dispute was case 5056712?

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

Where can I read the official tribunal order for case 5056712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343118-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 5056712 — Rent arrears

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Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 5056712 — Rent arrears | 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 5056712 — net $2,578.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 Jan 2025	$4,337.12	Rent arrears to 21 Jan 2025
Rent 22 - 24 Jan 2025	$334.29	Rent 22 - 24 Jan 2025
Repair – doors	$600.00	Repair – doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,578.41
Total payable by Tenant to Landlord	$2,578.41

Claims and awards for application 5056712 — net $2,578.41 NZD. Verify on MoJ.

Rent arrears to 21 Jan 2025

Amount: $4,337.12
Awarded to: Landlord
Reason: Rent arrears to 21 Jan 2025

Rent 22 - 24 Jan 2025

Amount: $334.29
Awarded to: Landlord
Reason: Rent 22 - 24 Jan 2025

Repair – doors

Amount: $600.00
Awarded to: Landlord
Reason: Repair – doors

Filing fee reimbursement

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

Net award

Landlord $2,578.41

Total payable by Tenant to Landlord

Landlord $2,578.41

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An error was made in the order dated 22 January 2025. The errors have been amended in this amended order, as indicated by the underlined portions.
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
The tenancy of Jacquelyn Demelza te rapa Davis at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 is terminated, and possession is granted to [The landlord/s], at 11:59pm, Friday 24 January 2025.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Jacquelyn Demelza te rapa Davis must pay [The landlord/s] $2,578.41 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing. The tenant did not attend. A call to the tenant’s last known number went to voicemail.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
Furthermore, based on a daily rate of $111.43 per day (being one seventh of the weekly rent), I also order that the tenant pay rent due until the end of the tenancy.

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.
The landlord seeks compensation in the amount of $600.00 for the cost of replacing two slider handles and the locks for the front door and back door. The landlord says this was necessary as the tenant lost the keys to the premises.
The landlord has provided an email from the tenant dated 23 October 2024 in which the tenant accepts liability for the cost of repairing the locks on the front and back doors.
The landlord has also provided the invoice from the tradesperson who carried out the work on a date between 12 and 14 November 2024.
The amounts ordered are proved. Should the tenant reimburse the landlord’s filing fee?
Given the landlord has succeeded with the claim the tenant must reimburse the filing fee. Suppression
The landlord also applied for non-publication of their name. As the landlord has succeeded in the proceedings, and I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case, I grant an order for suppression.

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 5056712 — net $2,578.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 Jan 2025	$4,337.12	Rent arrears to 21 Jan 2025
Rent 22 - 24 Jan 2025	$334.29	Rent 22 - 24 Jan 2025
Repair – doors	$600.00	Repair – doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,578.41
Total payable by Tenant to Landlord	$2,578.41

Claims and awards for application 5056712 — net $2,578.41 NZD. Verify on MoJ.

Rent arrears to 21 Jan 2025

Amount: $4,337.12
Awarded to: Landlord
Reason: Rent arrears to 21 Jan 2025

Rent 22 - 24 Jan 2025

Amount: $334.29
Awarded to: Landlord
Reason: Rent 22 - 24 Jan 2025

Repair – doors

Amount: $600.00
Awarded to: Landlord
Reason: Repair – doors

Filing fee reimbursement

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

Net award

Landlord $2,578.41

Total payable by Tenant to Landlord

Landlord $2,578.41

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An error was made in the order dated 22 January 2025. The errors have been amended in this amended order, as indicated by the underlined portions.
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
The tenancy of Jacquelyn Demelza te rapa Davis at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 is terminated, and possession is granted to [The landlord/s], at 11:59pm, Friday 24 January 2025.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Jacquelyn Demelza te rapa Davis must pay [The landlord/s] $2,578.41 immediately, calculated as shown in the table below:

Reasons

The landlord attended the video hearing. The tenant did not attend. A call to the tenant’s last known number went to voicemail.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
Furthermore, based on a daily rate of $111.43 per day (being one seventh of the weekly rent), I also order that the tenant pay rent due until the end of the tenancy.

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.
The landlord seeks compensation in the amount of $600.00 for the cost of replacing two slider handles and the locks for the front door and back door. The landlord says this was necessary as the tenant lost the keys to the premises.
The landlord has provided an email from the tenant dated 23 October 2024 in which the tenant accepts liability for the cost of repairing the locks on the front and back doors.
The landlord has also provided the invoice from the tradesperson who carried out the work on a date between 12 and 14 November 2024.
The amounts ordered are proved. Should the tenant reimburse the landlord’s filing fee?
Given the landlord has succeeded with the claim the tenant must reimburse the filing fee. Suppression
The landlord also applied for non-publication of their name. As the landlord has succeeded in the proceedings, and I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case, I grant an order for suppression.

Tenancy Tribunal case 5056712 — Rent arrears at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 5056712 — Rent arrears at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions