How much money was awarded in case 5366907?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Apartment Door: $1,056.00 awarded to landlord

What type of tenancy dispute was case 5366907?

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

Where can I read the official tribunal order for case 5366907?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12944863-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5366907?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Apartment Door: $1,056.00 awarded to landlord

What type of tenancy dispute was case 5366907?

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

Where can I read the official tribunal order for case 5366907?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12944863-Tribunal_Order_Redacted.pdf.

Room Suite 3R, 15 Nelson Street, Auckland Central, Tenancy Tribunal Case 5366907 — Property damage

Q: What was Tenancy Tribunal case 5366907 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 5366907 — net $678.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,054.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Apartment door	$1,056.00	Repairs: Apartment door
Net award	$678.29
Total payable by Tenant to Landlord	$678.29

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

Steven Brett Wheeler must pay [The landlord/s] $678.29 immediately, being rent arrears to 13 February 2025, damages, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,054.29 Filing fee reimbursement$28.00 Repairs: Apartment door$1,056.00 Total award$2,138.29 Minus Bond-$1,460.00 Total payable by Tenant to Landlord$678.29

The Bond Centre is to pay the bond of $1,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the mobile number that the landlord provided for the tenant, but it disconnected immediately without ringing.

This was scheduled for a directions hearing regarding substituted service of the application and supporting documents to the tenant. However, once I had heard from the landlord about his efforts to locate the tenant, I was satisfied that he had taken all reasonable steps to locate the tenant. I heard the evidence relating to the landlords claim and issued an order for rent arrears, reimbursement of the filing fee and damages. Directions for Substituted Service

If standard service methods have been unsuccessful, the Tribunal may direct substituted service. The goal is to use a method that is likely to bring the proceedings to the attention of the other party. Directions for substituted service may include: •Service by Email: If you have a known and regularly used email address for the respondent, you may direct that document be served by email. •Service by Text Message: If the respondent regularly uses a particular mobile number, you may direct that a text message be sent with details of the proceedings and how to access the documents. •Service to a Known Contact: If the respondent has a close contact (such as a family member or friend) who is in regular communication with them, you may direct that document be served to that person, with instructions to pass them on. •Service by Post to Last Known Address: If the respondent’s current address is unknown, you may direct that document be posted to their last known address, with a note that this is for substituted service. •Posting Notice at the Premises: In some cases, you may direct that a notice be affixed to the door of the premises or another prominent place at the property.

The method chosen should be the one most likely to bring the proceedings to the respondent’s attention, based on the information available. What if there is no current address or email or mobile number available:

If there is no current address, email, or mobile number available for the respondent, the Tribunal may still make directions for substituted service using any method that is reasonably likely to bring the proceedings to the respondent’s attention, based on the information available. However, if no contact details at all are available, the options become very limited. •Last Known Address: If you have a last known address (even if the person is not believed to be living there), you may direct those documents be posted to or affixed at that address. This is a common fallback when no current contact details are available. •Contacting Known Associates: If there are any known associates, such as family members, friends, or former employers, you may direct service via those contacts if there is reason to believe they can reach the respondent. •Public Notice: In rare cases, the Tribunal may direct that notice be given by public advertisement (e.g., in a local newspaper), but this is generally a last resort and only if there is some likelihood the respondent will see it. If No Reasonable Method Exists

If there is truly no way to contact the respondent (no address, no email, no phone, no associates, and no likely place of contact), the Tribunal may note that substituted service is not possible and may proceed to consider the application based on the evidence available, provided the Tribunal is satisfied that all reasonable steps to serve the respondent have been taken.

The landlord advised the Tribunal that he has emailed, texted and rung the tenant on his previously known contact details, all to no avail. The landlord has been on the internet searching for a way to contact the tenant, through social media and web searches. Furthermore, the landlord has contacted other tenants in the building that may have the tenants contact details and checked for alternative contacts through the tenancy agreement, all to no avail. There is no known work address or family contacts known by the landlord for the tenant.

Other than putting an advertisement on the newspaper there does not appear to be any directions I could give which could effect service of the documents on the tenant. It is unlikely that the tenant would see an advertisement if it was posted in the New Zealand Herald.

I am satisfied that the landlord has exhausted all avenues trying to locate and serve the tenant. I am proceeding with the landlord application and dispensing with directions for service.

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 13 February 2025. The landlord provided rent records which prove the amount of $1054.29 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for the rent arrears.

The amounts ordered are proved.

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 following damage was caused during the tenancy: -The apartment door was smashed and covered in stickers.

The landlord provided an email with photos attached from the Body Corp at the property. The emails and photo show the apartment door broken, covered in stickers and in poor condition.

The tenant had advised the landlord that he had locked himself out of his apartment and he could not get back into his apartment. The tenant was not prepared to wait for a spare key to be provide so smashed in the door to gain access. The landlord advised that the tenant had previously done the same thing, and he had incurred the cost of the repairs to the door. Not long after the repairs the tenant locked himself out again and smashed the front door to get back into the apartment.

The landlord provided the invoices for the cost of the repairs and the repainting of the door.

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

I am satisfied that the landlord has proven their claim for the damages to the property. Filing fee/Bond/Suppression:

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to refund the bond back to the landlord to offset some of the debt owed to the landlord by the tenant.

The landlord has applied for suppression of his name and identifying details and as he has been successful, I am granting suppression.

Order

Claims and awards in Tenancy Tribunal application 5366907 — net $678.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,054.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Repairs: Apartment door	$1,056.00	Repairs: Apartment door
Net award	$678.29
Total payable by Tenant to Landlord	$678.29