How much money was awarded in case 5126691?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,243.92 awarded to landlord; Rent Arrears: $3,214.29 awarded to landlord

What type of tenancy dispute was case 5126691?

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

Where can I read the official tribunal order for case 5126691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466243-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5126691?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,243.92 awarded to landlord; Rent Arrears: $3,214.29 awarded to landlord

What type of tenancy dispute was case 5126691?

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

Where can I read the official tribunal order for case 5126691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466243-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5126691 — Rent arrears

Q: What was Tenancy Tribunal case 5126691 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5126691 — net $2,485.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 January 2025	$3,214.29	Rent arrears to 19 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Window repairs	$1,243.92	Window repairs
Net award	$2,485.21
Total payable by Tenant to Landlord	$2,485.21

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Joshua Gregory must pay [The landlord/s] $2,485.21 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 925.

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 19 January 2025. The landlord provided rent records which prove the amount owing of $3,214.29 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.

The front and back doors were broken when they were smashed in by associates of the tenant, trying to get into the property. The landlord submits that this damage was intentional and in the absence of any evidence to the contrary I find that it was intentional. The landlord was required to repair the windows and has provided an invoice for $1,243.92.

The following damage was caused during the tenancy: broken windows to the front and back doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount for window repairs of $1,243.92 as ordered is proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 20 February 2025

Order

Claims and awards in Tenancy Tribunal application 5126691 — net $2,485.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 January 2025	$3,214.29	Rent arrears to 19 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Window repairs	$1,243.92	Window repairs
Net award	$2,485.21
Total payable by Tenant to Landlord	$2,485.21

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Joshua Gregory must pay [The landlord/s] $2,485.21 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 925.

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 19 January 2025. The landlord provided rent records which prove the amount owing of $3,214.29 at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: broken windows to the front and back doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount for window repairs of $1,243.92 as ordered is proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 20 February 2025

Tenancy Tribunal case 5126691 — Rent arrears

At a glance

Tenancy Tribunal case 5126691 — Rent arrears

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