What was the outcome of Tenancy Tribunal case 5060231?

The tribunal order states: Tegan Shona Mclean must pay Kāinga Ora–Homes And Communities $571.29

How much money was awarded in case 5060231?

Rent Arrears: $571.29 awarded to landlord

What type of tenancy dispute was case 5060231?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11410647-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5060231?

The tribunal order states: Tegan Shona Mclean must pay Kāinga Ora–Homes And Communities $571.29

How much money was awarded in case 5060231?

Rent Arrears: $571.29 awarded to landlord

What type of tenancy dispute was case 5060231?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11410647-Tenancy_Tribunal_Order.pdf.

10 Matomato Lane, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5060231 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5060231 — net $571.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$571.29	Rent arrears to 17 September 2024
Net award	$571.29
Total payable by Tenant to Landlord	$571.29

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and was unable to attend as she had been incarcerated.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 September 2024 when the tenant was incarcerated.

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

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 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.

There was considerable damage to the property, but during the hearing the landlord withdrew its claims for compensation for the repairs to the property, as it has discovered squatters moved into the premise when the tenant was incarcerated and therefore it cannot prove the damage was caused during the tenancy.

Reasons

Claims and awards in Tenancy Tribunal application 5060231 — net $571.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$571.29	Rent arrears to 17 September 2024
Net award	$571.29
Total payable by Tenant to Landlord	$571.29

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and was unable to attend as she had been incarcerated.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 September 2024 when the tenant was incarcerated.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

Tenancy Tribunal case 5060231 — Rent arrears at 10 Matomato Lane, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5060231 — Rent arrears at 10 Matomato Lane, Mount Roskill, Auckland 1041

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?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions