How much money was awarded in case 5398869?

Filing Fee: $28.00 awarded to landlord; Property Damage: $744.21 awarded to landlord; Rent Arrears: $232.47 awarded to landlord

What type of tenancy dispute was case 5398869?

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

Where can I read the official tribunal order for case 5398869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13311472-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5398869?

Filing Fee: $28.00 awarded to landlord; Property Damage: $744.21 awarded to landlord; Rent Arrears: $232.47 awarded to landlord

What type of tenancy dispute was case 5398869?

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

Where can I read the official tribunal order for case 5398869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13311472-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5398869 — Property damage

Q: What was Tenancy Tribunal case 5398869 about?

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

Order

Claims and awards in Tenancy Tribunal application 5398869 — net $732.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$232.47	Rent arrears
Repairs-Front door panel window	$744.21	Repairs-Front door panel window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$732.68
Total payable by Tenant to Landlord	$732.68

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

Marcus Pohio must pay [The landlord/s] $732.68 immediately, being rent arrears to 7 August 2024.

The Bond Centre is to pay the bond of $272.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.

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 arrears?

The tenancy ended on 7 August 2024. The landlord provided rent records which prove the amount owing 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 following damage was caused during the tenancy: Front door panel window. Photographs were provided of the door intact at the start of the tenancy and after the damage. An invoice was provided for the repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the landlord.

Claims and awards in Tenancy Tribunal application 5398869 — net $732.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$232.47	Rent arrears
Repairs-Front door panel window	$744.21	Repairs-Front door panel window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$732.68
Total payable by Tenant to Landlord	$732.68

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Marcus Pohio must pay [The landlord/s] $732.68 immediately, being rent arrears to 7 August 2024.
The Bond Centre is to pay the bond of $272.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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 arrears?

The tenancy ended on 7 August 2024. The landlord provided rent records which prove the amount owing 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 following damage was caused during the tenancy: Front door panel window. Photographs were provided of the door intact at the start of the tenancy and after the damage. An invoice was provided for the repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the landlord.

Tenancy Tribunal case 5398869 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5398869 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions