How much money was awarded in case 5136254?

Filing Fee: $27.00 awarded to landlord; New Oven Install: $132.25 awarded to landlord; Property Damage: $899.00 awarded to landlord; Rent Arrears: $9,937.14 awarded to landlord

What type of tenancy dispute was case 5136254?

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

Where can I read the official tribunal order for case 5136254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11733740-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5136254?

Filing Fee: $27.00 awarded to landlord; New Oven Install: $132.25 awarded to landlord; Property Damage: $899.00 awarded to landlord; Rent Arrears: $9,937.14 awarded to landlord

What type of tenancy dispute was case 5136254?

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

Where can I read the official tribunal order for case 5136254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11733740-Tenancy_Tribunal_Order.pdf.

11 Worthy Street, Ilam, Christchurch 8041 Tenancy Tribunal Case 5136254 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5136254?

The tribunal order states: The tenancy of Waiiti Tapuwai at 11 Worthy Street, Ilam, Christchurch 8041 is

Order

Claims and awards in Tenancy Tribunal application 5136254 — net $8,035.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.4.25	$9,937.14	The claim for rent arrears is proven. Damage to oven:
Oven replacement	$899.00	Oven replacement
New oven install	$132.25	New oven install
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,035.39
Total payable by Tenant to Landlord	$8,035.39

The tenancy of Waiiti Tapuwai at 11 Worthy Street, Ilam, Christchurch 8041 is terminated, and possession is granted to Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas, at 11:59pm Thursday 17 April 2025.

The Bond Centre is to pay the bond of $2,960.00 (5983819-020) to Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas immediately.

Waiiti Tapuwai must pay Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas $8,035.39 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing via remote teleconference. A telephone call to the tenant went unanswered to voicemail. The hearing continued in the absence of the tenant.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damage compensation, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

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

The landlord also provided an updated rent ledger just prior to the hearing today. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for the rent debt.

The claim for rent arrears is proven. Damage to oven:

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 landlord claims that the tenant damaged a new oven. The landlord says that the tenant smashed the glass stove top and as a result the oven had to be replaced.

I have sighted photographic evidence of the damage. The damage is significant. I have also sighted an invoice from Trade Depot dated 1 May 2024 for the replacement oven and an invoice from Goodson Electrical dated 24 May 2024 for the installation expense.

The landlord confirmed during the hearing that both invoices have been paid.

I am satisfied that this damage is intentional and is more than fair wear and tear. The tenant has not disproved liability for the damage. The oven was only two months old and therefore I do not apply any depreciation to the amount claimed.

Having sighted the evidence filed in support of this damage claim I am satisfied that the damage is intentional. The tenant is responsible for these amounts as ordered.

The landlord’s claim for disposal costs of the old oven is dismissed for want of evidence.

Because Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5136254 — net $8,035.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.4.25	$9,937.14	The claim for rent arrears is proven. Damage to oven:
Oven replacement	$899.00	Oven replacement
New oven install	$132.25	New oven install
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,035.39
Total payable by Tenant to Landlord	$8,035.39

Order

The tenancy of Waiiti Tapuwai at 11 Worthy Street, Ilam, Christchurch 8041 is terminated, and possession is granted to Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas, at 11:59pm Thursday 17 April 2025.
The Bond Centre is to pay the bond of $2,960.00 (5983819-020) to Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas immediately.
Waiiti Tapuwai must pay Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas $8,035.39 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing via remote teleconference. A telephone call to the tenant went unanswered to voicemail. The hearing continued in the absence of the tenant.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, damage compensation, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also provided an updated rent ledger just prior to the hearing today. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven. Damage to oven:
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 landlord claims that the tenant damaged a new oven. The landlord says that the tenant smashed the glass stove top and as a result the oven had to be replaced.
I have sighted photographic evidence of the damage. The damage is significant. I have also sighted an invoice from Trade Depot dated 1 May 2024 for the replacement oven and an invoice from Goodson Electrical dated 24 May 2024 for the installation expense.
The landlord confirmed during the hearing that both invoices have been paid.
I am satisfied that this damage is intentional and is more than fair wear and tear. The tenant has not disproved liability for the damage. The oven was only two months old and therefore I do not apply any depreciation to the amount claimed.
Having sighted the evidence filed in support of this damage claim I am satisfied that the damage is intentional. The tenant is responsible for these amounts as ordered.
The landlord’s claim for disposal costs of the old oven is dismissed for want of evidence.
Because Vsc Holdings Limited T/A Ready Property Managers As Agent For Sharee Repas has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5136254 — Rent arrears at 11 Worthy Street, Ilam, Christchurch 8041

At a glance

Tenancy Tribunal case 5136254 — Rent arrears at 11 Worthy Street, Ilam, Christchurch 8041

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions