What was Tenancy Tribunal case 5057848 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 5057848?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $120.00 awarded to landlord

What type of tenancy dispute was case 5057848?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5057848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11489987-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5057848 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 5057848?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $120.00 awarded to landlord

What type of tenancy dispute was case 5057848?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5057848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11489987-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5057848 — Rent arrears

Claims and awards in Tenancy Tribunal application 5057848. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 February 2025	$120.00		Rent arrears to 22 February 2025
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.
Monique Nola Nicol and Shane Wilson must pay [The landlord/s] $0.00 immediately, as calculated in the table below:
The tenant must carry out the following work to the premises, which must be completed by 26 March 2025: a. Repair the broken window at the back of the property. b. Repair the holes in the internal doors of the property. c. Re-install the fencing that was removed.
As an alternative to compliance with Order 2, the tenant must pay the landlord $1,500.00 immediately.
If the tenant fails to comply with either Order 3 or 4 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 137 and 018.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing of $120.00 through to 22 February 2025. The landlord had originally applied for termination of the tenancy, but as the tenants had managed to reduce their rental arrears by the hearing date, this claim was withdrawn by the landlord.
The landlord claims that the tenant caused damage to the property, including breaking a window, causing several holes to internal doors, and removing fencing at the property. The landlord says that the tenant advised him that these issues would be fixed, but they remain at the property. The landlord wants the problems fixed.
Under section 40(2), Residential Tenancies Act 1986 (RTA), a tenant has specific obligations in relation to the tenancy premises, including not to damage the premises intentionally or carelessly.
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 Tribunal finds, the tenant has failed to comply with their obligations, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) RTA.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. See sections 78(2) and 78(2AA) RTA.
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) RTA. See section (40)(2) RTA.

Has the tenant failed to comply with their obligations?

I am satisfied that the tenant has breached their obligation not to cause damage intentionally or carelessly or permit any other person to damage the premises.
The landlord advises that if the tenants complete the works themselves, the cost is likely to be lower than if a contractor is required to be engaged to complete the works. He says that the tenants have also said they will carry out the repair works.
The landlord has submitted that the likely cost of the works is around $1,500.00 although it may be more. In the absence of any other evidence, I have relied on the figure of $1,500 and if the tenants do not carry out the work, the landlord will be able to recover the amount of $1,500.00 to carry out the repair works himself.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 26 February 2025

Claims and awards in Tenancy Tribunal application 5057848. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 February 2025	$120.00		Rent arrears to 22 February 2025
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.
Monique Nola Nicol and Shane Wilson must pay [The landlord/s] $0.00 immediately, as calculated in the table below:
The tenant must carry out the following work to the premises, which must be completed by 26 March 2025: a. Repair the broken window at the back of the property. b. Repair the holes in the internal doors of the property. c. Re-install the fencing that was removed.
As an alternative to compliance with Order 2, the tenant must pay the landlord $1,500.00 immediately.
If the tenant fails to comply with either Order 3 or 4 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 137 and 018.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing of $120.00 through to 22 February 2025. The landlord had originally applied for termination of the tenancy, but as the tenants had managed to reduce their rental arrears by the hearing date, this claim was withdrawn by the landlord.
The landlord claims that the tenant caused damage to the property, including breaking a window, causing several holes to internal doors, and removing fencing at the property. The landlord says that the tenant advised him that these issues would be fixed, but they remain at the property. The landlord wants the problems fixed.
Under section 40(2), Residential Tenancies Act 1986 (RTA), a tenant has specific obligations in relation to the tenancy premises, including not to damage the premises intentionally or carelessly.
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 Tribunal finds, the tenant has failed to comply with their obligations, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) RTA.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. See sections 78(2) and 78(2AA) RTA.
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) RTA. See section (40)(2) RTA.

Has the tenant failed to comply with their obligations?

I am satisfied that the tenant has breached their obligation not to cause damage intentionally or carelessly or permit any other person to damage the premises.
The landlord advises that if the tenants complete the works themselves, the cost is likely to be lower than if a contractor is required to be engaged to complete the works. He says that the tenants have also said they will carry out the repair works.
The landlord has submitted that the likely cost of the works is around $1,500.00 although it may be more. In the absence of any other evidence, I have relied on the figure of $1,500 and if the tenants do not carry out the work, the landlord will be able to recover the amount of $1,500.00 to carry out the repair works himself.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 26 February 2025

Tenancy Tribunal case 5057848 — Rent arrears

At a glance

Tenancy Tribunal case 5057848 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions