What was Tenancy Tribunal case 5068370 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 5068370?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4870982 D…: $20.44 awarded to landlord; Rent Arrears: $2,738.85 awarded to landlord; - Glass Window And Door: $656.89 awarded to landlord; Water Rates: $1,383.69 awarded to landlord

What type of tenancy dispute was case 5068370?

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

Where can I read the official tribunal order for case 5068370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488916-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5068370 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 5068370?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4870982 D…: $20.44 awarded to landlord; Rent Arrears: $2,738.85 awarded to landlord; - Glass Window And Door: $656.89 awarded to landlord; Water Rates: $1,383.69 awarded to landlord

What type of tenancy dispute was case 5068370?

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

Where can I read the official tribunal order for case 5068370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488916-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5068370 — Rent arrears

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New Zealand Tenancy Tribunal Case 5068370 — 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 5068370 — net $4,826.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23.11.24	$2,738.85	Rent arrears to 23.11.24
Previous order application 4870982 dated 05/06/2024	$20.44	Previous order application 4870982 dated 05/06/2024
Water rates: to 22.11.24	$1,383.69	Water rates: to 22.11.24
Repairs: - glass window and door	$656.89	Repairs: - glass window and door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,826.87
Total payable by Tenant to Landlord	$4,826.87

Claims and awards for application 5068370 — net $4,826.87 NZD. Verify on MoJ.

Rent arrears to 23.11.24

Amount: $2,738.85
Awarded to: Landlord
Reason: Rent arrears to 23.11.24

Previous order application 4870982 dated 05/06/2024

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4870982 dated 05/06/2024

Water rates: to 22.11.24

Amount: $1,383.69
Awarded to: Landlord
Reason: Water rates: to 22.11.24

Repairs: - glass window and door

Amount: $656.89
Awarded to: Landlord
Reason: Repairs: - glass window and door

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Keyah Leigh Oscar must pay [The landlord/s] $4,826.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 June 2024 under application 4870982.
The application for termination is dismissed.

Reasons

The landlord attended the hearing by video conference.
The tenant was phoned at the commencement of the hearing. The tenant said she was dealing with a personal matter and sought an adjournment. I indicated I would recall the matter 30 minutes later. I recalled the matter and the tenant continued to be dealing with a personal matter that she indicated required her attention, the tenant sought an adjournment, which I declined. I consider the tenant was properly served with the notice of hearing and did not consider the grounds for the adjournment were sufficient to grant it. The hearing proceeded.
The landlord has applied for termination, rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant has vacated the tenancy on giving notice, therefore the application for termination is dismissed.

How much is owed for rent and water rates?

The tenancy ended on 23 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and I have made an order for the full amount claimed.

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. 1
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). 2
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4
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. 5 1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. 5 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. 6 .
The following damage was caused during the tenancy: A window and glass door were broken. I consider the damage was likely caused by the careless act of the tenant or a person permitted in the premise by the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered for the two broken glass panes does not exceed the statutory maximum.
The amounts ordered are proved by an invoice, photographs and email correspondence between the landlord and the previous tenant confirming the premises was undamaged.
I have taken into account betterment and depreciation but no deduction is made as the amount ordered is for glass repairs only. Previous order
On 5 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 5 June 2024, payment of the bond and reimbursement of the filing fee.
The previous order is incorporated into this order for enforcement purposes.
The amount ordered is the total rent arrears payable by the tenant and is not in addition to the amount ordered on 5 June 2024. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 6 See Guo v Korck [2019] NZHC 1541

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 5068370 — net $4,826.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23.11.24	$2,738.85	Rent arrears to 23.11.24
Previous order application 4870982 dated 05/06/2024	$20.44	Previous order application 4870982 dated 05/06/2024
Water rates: to 22.11.24	$1,383.69	Water rates: to 22.11.24
Repairs: - glass window and door	$656.89	Repairs: - glass window and door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,826.87
Total payable by Tenant to Landlord	$4,826.87

Claims and awards for application 5068370 — net $4,826.87 NZD. Verify on MoJ.

Rent arrears to 23.11.24

Amount: $2,738.85
Awarded to: Landlord
Reason: Rent arrears to 23.11.24

Previous order application 4870982 dated 05/06/2024

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4870982 dated 05/06/2024

Water rates: to 22.11.24

Amount: $1,383.69
Awarded to: Landlord
Reason: Water rates: to 22.11.24

Repairs: - glass window and door

Amount: $656.89
Awarded to: Landlord
Reason: Repairs: - glass window and door

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Keyah Leigh Oscar must pay [The landlord/s] $4,826.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 June 2024 under application 4870982.
The application for termination is dismissed.

Reasons

The landlord attended the hearing by video conference.
The tenant was phoned at the commencement of the hearing. The tenant said she was dealing with a personal matter and sought an adjournment. I indicated I would recall the matter 30 minutes later. I recalled the matter and the tenant continued to be dealing with a personal matter that she indicated required her attention, the tenant sought an adjournment, which I declined. I consider the tenant was properly served with the notice of hearing and did not consider the grounds for the adjournment were sufficient to grant it. The hearing proceeded.
The landlord has applied for termination, rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant has vacated the tenancy on giving notice, therefore the application for termination is dismissed.

How much is owed for rent and water rates?

The tenancy ended on 23 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and I have made an order for the full amount claimed.

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. 1
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). 2
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4
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. 5 1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. 5 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. 6 .
The following damage was caused during the tenancy: A window and glass door were broken. I consider the damage was likely caused by the careless act of the tenant or a person permitted in the premise by the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered for the two broken glass panes does not exceed the statutory maximum.
The amounts ordered are proved by an invoice, photographs and email correspondence between the landlord and the previous tenant confirming the premises was undamaged.
I have taken into account betterment and depreciation but no deduction is made as the amount ordered is for glass repairs only. Previous order
On 5 June 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 5 June 2024, payment of the bond and reimbursement of the filing fee.
The previous order is incorporated into this order for enforcement purposes.
The amount ordered is the total rent arrears payable by the tenant and is not in addition to the amount ordered on 5 June 2024. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 6 See Guo v Korck [2019] NZHC 1541

Tenancy Tribunal case 5068370 — Rent arrears

At a glance

Tenancy Tribunal case 5068370 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions