How much money was awarded in case 5367965?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord

What type of tenancy dispute was case 5367965?

The dispute type was not classified.

Where can I read the official tribunal order for case 5367965?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905914-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5367965?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord

What type of tenancy dispute was case 5367965?

The dispute type was not classified.

Where can I read the official tribunal order for case 5367965?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905914-Tribunal_Order_Redacted.pdf.

2 Werrina Crescent, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 5367965 — Tenancy dispute

Q: What was Tenancy Tribunal case 5367965 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 5367965 — net $194.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$166.75	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$194.75
Total payable by Tenant to Landlord	$194.75

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

[The tenant/s] must pay [The landlord/s] $194.75 immediately, as set out in the table below.

The landlord’s claim for window repairs is dismissed.

Reasons

The landlord attended the hearing by telephone. Three attempts were made to join the tenant to the hearing by telephone, but all calls went to voicemail.

The landlord had applied for compensation for window replacement, lock replacement and rubbish removal.

At mediation the parties agreed in relation to lock replacement. The outstanding issues related to the windows and rubbish removal were referred to the Tribunal.

The landlord had claimed for replacement of four windows. A quote for $982.33 was produced.

The landlord has not replaced the windows because there are other issues at the premises and there is a current insurance claim.

At the hearing the landlord said that the claim for replacement of four windows is now only in relation to two windows. Those windows were broken by the tenant’s ex-partner trying to break in and the other window broke from bullet holes. I am told that the tenancy ended due to family violence matters.

Section 49B of the Residential Tenancies Act 1986 sets out the rules for tenant liability for damage. Tenants are generally not liable for damage caused by a third party unless the tenant invited or allowed the person onto the premises, and the tenant could reasonably have foreseen the risk of damage, or the tenant benefited from the act, or the tenant was complicit in the damage. If the damage was caused as part of family violence and the tenant was the victim, the Tribunal will consider whether it is just and reasonable to hold the tenant liable.

On the evidence before the Tribunal, I am not satisfied that the tenant is liable for the damage to the two windows which appear to be caused by a third party within a domestic violence situation. The landlord’s claim for compensation in relation to the windows is dismissed.

The landlord claimed for rubbish removal. The outgoing inspection report shows some rubbish, including part of a trampoline, left at the premises when the tenancy ended. The amount ordered is proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord also sought an order for name suppression and is entitled to an order as the successful party 1 .

Pursuant to section 95A of the Residential Tenancies Act 1986, I order that the name and identifying details of the tenant are suppressed and must not be published. This order is made on the grounds that publication of the tenant’s details would be contrary to the interests of the parties and the public interest in cases involving family violence. 1 Section 95A Residential Tenancies Act 1986

Order

Claims and awards in Tenancy Tribunal application 5367965 — net $194.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$166.75	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$194.75
Total payable by Tenant to Landlord	$194.75