What was Tenancy Tribunal case 5074652 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 5074652?

Filing Fee: $27.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $298.43 awarded to landlord; Rent Arrears: $505.67 awarded to landlord; Rubbish Removal: $108.42 awarded to landlord; Water Rates: $60.83 awarded to landlord

What type of tenancy dispute was case 5074652?

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

Where can I read the official tribunal order for case 5074652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11567873-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5074652 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 5074652?

Filing Fee: $27.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $298.43 awarded to landlord; Rent Arrears: $505.67 awarded to landlord; Rubbish Removal: $108.42 awarded to landlord; Water Rates: $60.83 awarded to landlord

What type of tenancy dispute was case 5074652?

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

Where can I read the official tribunal order for case 5074652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11567873-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5074652 — Property damage

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New Zealand Tenancy Tribunal Case 5074652 — Property damage | 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 5074652 — net $1,220.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.11.24	$505.67	Rent arrears to 11.11.24
Water rates: to end of tenancy	$60.83	Water rates: to end of tenancy
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal	$108.42	Rubbish removal
Repairs	$298.43	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,220.35
Total payable by Tenant to Landlord	$1,220.35

Claims and awards for application 5074652 — net $1,220.35 NZD. Verify on MoJ.

Rent arrears to 11.11.24

Amount: $505.67
Awarded to: Landlord
Reason: Rent arrears to 11.11.24

Water rates: to end of tenancy

Amount: $60.83
Awarded to: Landlord
Reason: Water rates: to end of tenancy

Lock/key replacement

Amount: $220.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $108.42
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $298.43
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal 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.
Andrea Boyed must pay [The landlord/s] $1,220.35 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number three times provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 11.11.24. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $505.67 to the end of the notice period and $60.83 remaining to be paid for water rates and I make an order for the full amount claimed.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not remove all rubbish. The tenant did not return the keys.
The amounts ordered are proved with photographs and invoices in support of the claim.

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. 2
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). 3 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). 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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. ). 4 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. applies to anything the tenant does and anything done by a person they are responsible for. 5
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. The wall was damaged by the tenants TV being hung on the wall. I consider this damage likely to have been intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved with pre tenancy and post tenancy photographs and an invoice.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. No deduction is made as the amount ordered is for a repair to one wall. Filing fee and Suppression
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

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 5074652 — net $1,220.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.11.24	$505.67	Rent arrears to 11.11.24
Water rates: to end of tenancy	$60.83	Water rates: to end of tenancy
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal	$108.42	Rubbish removal
Repairs	$298.43	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,220.35
Total payable by Tenant to Landlord	$1,220.35

Claims and awards for application 5074652 — net $1,220.35 NZD. Verify on MoJ.

Rent arrears to 11.11.24

Amount: $505.67
Awarded to: Landlord
Reason: Rent arrears to 11.11.24

Water rates: to end of tenancy

Amount: $60.83
Awarded to: Landlord
Reason: Water rates: to end of tenancy

Lock/key replacement

Amount: $220.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $108.42
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $298.43
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal 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.
Andrea Boyed must pay [The landlord/s] $1,220.35 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number three times provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 11.11.24. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $505.67 to the end of the notice period and $60.83 remaining to be paid for water rates and I make an order for the full amount claimed.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not remove all rubbish. The tenant did not return the keys.
The amounts ordered are proved with photographs and invoices in support of the claim.

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. 2
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). 3 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). 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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. ). 4 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. applies to anything the tenant does and anything done by a person they are responsible for. 5
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. The wall was damaged by the tenants TV being hung on the wall. I consider this damage likely to have been intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved with pre tenancy and post tenancy photographs and an invoice.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. No deduction is made as the amount ordered is for a repair to one wall. Filing fee and Suppression
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 5074652 — Property damage

At a glance

Tenancy Tribunal case 5074652 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions