How much money was awarded in case 4626429?

Filing Fee: $20.44 awarded to landlord; Property Damage: $554.06 awarded to landlord; Rent Arrears: $5,580.00 awarded to landlord

What type of tenancy dispute was case 4626429?

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

Where can I read the official tribunal order for case 4626429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274004-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4626429?

Filing Fee: $20.44 awarded to landlord; Property Damage: $554.06 awarded to landlord; Rent Arrears: $5,580.00 awarded to landlord

What type of tenancy dispute was case 4626429?

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

Where can I read the official tribunal order for case 4626429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274004-Tenancy_Tribunal_Order.pdf.

2 Imperial Place, Henderson, Auckland 0612 Tenancy Tribunal Case 4626429 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4626429?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4626429 — net $5,054.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,580.00	Rent arrears
Window repairs	$554.06	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,054.50
Total payable by Tenant to Landlord	$5,054.50

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Tukoli Vaalelei at 2 Imperial Place, Henderson, Auckland 0612 is terminated, and possession is granted to Tod Verney, at 11.59pm on 12 August 2023.

The Bond Centre is to pay the bond of $1,100.00 (5089181-008) to Tod Verney immediately.

Tukoli Vaalelei must pay Tod Verney $5,054.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, the tenant did not.

The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy is $5580.00.

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: a. A broken ranchslider window. The damage is more than fair wear and tear, and the tenant did not disprove liability for the damage.

The amounts ordered are proved.

Because Tod Verney has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4626429 — net $5,054.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,580.00	Rent arrears
Window repairs	$554.06	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,054.50
Total payable by Tenant to Landlord	$5,054.50

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Tukoli Vaalelei at 2 Imperial Place, Henderson, Auckland 0612 is terminated, and possession is granted to Tod Verney, at 11.59pm on 12 August 2023.

The Bond Centre is to pay the bond of $1,100.00 (5089181-008) to Tod Verney immediately.

Tukoli Vaalelei must pay Tod Verney $5,054.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, the tenant did not.

The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy is $5580.00.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: a. A broken ranchslider window. The damage is more than fair wear and tear, and the tenant did not disprove liability for the damage.

The amounts ordered are proved.

Because Tod Verney has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4626429 — Rent arrears at 2 Imperial Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4626429 — Rent arrears at 2 Imperial Place, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions