What was the outcome of Tenancy Tribunal case 5107508?

The tribunal order states: Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5107508?

Filing Fee: $27.00 awarded to landlord; Property Damage: $425.47 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord

What type of tenancy dispute was case 5107508?

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

Where can I read the official tribunal order for case 5107508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11560778-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5107508?

The tribunal order states: Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5107508?

Filing Fee: $27.00 awarded to landlord; Property Damage: $425.47 awarded to landlord; Rent Arrears: $2,057.14 awarded to landlord

What type of tenancy dispute was case 5107508?

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

Where can I read the official tribunal order for case 5107508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11560778-Tenancy_Tribunal_Order.pdf.

9 Manawapou Road, Hawera, Hawera 4610 Tenancy Tribunal Case 5107508 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5107508 — net $589.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24.11.24	$2,057.14	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Repairs (glass replacement	$425.47	Repairs (glass replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$589.61
Total payable by Tenant to Landlord	$589.61

Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective $589.61 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,920.00 (6407623-002) to Mills Gibbon & Co Ltd T/A First National Collective immediately.

The claim for cleaning is withdrawn.

Reasons

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided with the application. The telephone call went to voicemail. The hearing continued in the absence of the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.

The claim for rent arrears is proven.

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. Glass replacement

The landlord claims that the tenant broke two panes of glass at the property during the tenancy. I have sighted ‘before and after’ photographic evidence of this damage along with an invoice from Kelsen’s Glass and Glazing dated 10 December 2024.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Mills Gibbon & Co Ltd T/A First National Collective has wholly succeeded with the claim I must reimburse the filing fee.

The landlord confirmed during the hearing that they are not seeking name suppression.

Claims and awards in Tenancy Tribunal application 5107508 — net $589.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24.11.24	$2,057.14	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Repairs (glass replacement	$425.47	Repairs (glass replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$589.61
Total payable by Tenant to Landlord	$589.61

Order

Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective $589.61 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (6407623-002) to Mills Gibbon & Co Ltd T/A First National Collective immediately.
The claim for cleaning is withdrawn.

Reasons

The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided with the application. The telephone call went to voicemail. The hearing continued in the absence of the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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. Glass replacement
The landlord claims that the tenant broke two panes of glass at the property during the tenancy. I have sighted ‘before and after’ photographic evidence of this damage along with an invoice from Kelsen’s Glass and Glazing dated 10 December 2024.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Mills Gibbon & Co Ltd T/A First National Collective has wholly succeeded with the claim I must reimburse the filing fee.
The landlord confirmed during the hearing that they are not seeking name suppression.

Tenancy Tribunal case 5107508 — Rent arrears at 9 Manawapou Road, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 5107508 — Rent arrears at 9 Manawapou Road, Hawera, Hawera 4610

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

Property management

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

Property management

Frequently asked questions