What was the outcome of Tenancy Tribunal case 4637932?

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

How much money was awarded in case 4637932?

Electricity: $201.22 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $138.00 awarded to landlord; Rekey lock & supply & install new ha…: $274.24 awarded to landlord; Remove broken set & replace with new…: $298.34 awarded to landlord; Replace broken set of handles on an…: $275.30 awarded to landlord; Water Rates: $202.98 awarded to landlord

What type of tenancy dispute was case 4637932?

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

Where can I read the official tribunal order for case 4637932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531934-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4637932?

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

How much money was awarded in case 4637932?

Electricity: $201.22 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $138.00 awarded to landlord; Rekey lock & supply & install new ha…: $274.24 awarded to landlord; Remove broken set & replace with new…: $298.34 awarded to landlord; Replace broken set of handles on an…: $275.30 awarded to landlord; Water Rates: $202.98 awarded to landlord

What type of tenancy dispute was case 4637932?

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

Where can I read the official tribunal order for case 4637932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9531934-Tenancy_Tribunal_Order.pdf.

Unit/Flat 305, 6 Waikumete Road, Glen Eden, Auckland Tenancy Tribunal Case 4637932 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 305, 6 Waikumete Road, Glen Eden, Auckland Tenancy Tribunal Case 4637932 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4637932 — net $1,410.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$138.00	Rent arrears
Water rates	$202.98	Water rates
Electricity	$201.22	Electricity
Repairs: Rekey lock & supply & install new handle	$274.24	Repairs: Rekey lock & supply & install new handle
Repairs: Remove broken set & replace with new lever set	$298.34	Repairs: Remove broken set & replace with new lever set
Repairs: Replace broken set of handles on an internal stairway entry door	$275.30	Repairs: Replace broken set of handles on an internal stairway entry door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,410.52
Total payable by Tenant to Landlord	$1,410.52

Claims and awards for application 4637932 — net $1,410.52 NZD. Verify on MoJ.

Rent arrears

Amount: $138.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $202.98
Awarded to: Landlord
Reason: Water rates

Electricity

Amount: $201.22
Awarded to: Landlord
Reason: Electricity

Repairs: Rekey lock & supply & install new handle

Amount: $274.24
Awarded to: Landlord
Reason: Repairs: Rekey lock & supply & install new handle

Repairs: Remove broken set & replace with new lever set

Amount: $298.34
Awarded to: Landlord
Reason: Repairs: Remove broken set & replace with new lever set

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The application for termination is dismissed.
Haley Hendriks must pay Home In Place (New Zealand) Limited $1,410.52 immediately, calculated as shown in the table below:

Reasons

The agent for the landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations to pay rent, water charges, electricity charges and damages.
The landlord served a 14-day notice on the tenant on 24 July 2023, and the tenant did not remedy the breach within the required period.
Although the tenant did not appear at the hearing, I find the nature or extent of the breach was not such that it would be inequitable in the circumstances to refuse to terminate the tenancy. The following factors have been taken into account: • The rent arrears, outstanding water and electricity charges are not significant. • The damage, although concerning, is minor. • That this appears to be the first occasion on which the matter has proceeded to a hearing before the Tribunal.
I accept this situation is not ideal for the landlord. However, I do not consider the breaches to be of such seriousness to justify terminating the tenancy at this point.
Having said this, the Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have outstanding rent arrears, water and electricity charges and not make any attempt to address this. It is time-consuming and hence costly for landlord to pursue this debt. A persistent pattern of outstanding rent arrears, water and electricity charges may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate 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.
The locks were damaged and had to be rekeyed and the handles were broken and had to be replaced during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage occurred in November 2022 and July 2023 with a total of $847.88 outstanding.
The amount ordered is proved.
As the landlord has been substantially successful with the claim, I order the other party to reimburse the filing fee.
Lastly, I regret the delay in releasing this order to the parties. I had mistakenly thought the order had been sent some time ago. I convey my apologies to the parties for this oversight and any inconvenience this may have caused.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4637932 — net $1,410.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$138.00	Rent arrears
Water rates	$202.98	Water rates
Electricity	$201.22	Electricity
Repairs: Rekey lock & supply & install new handle	$274.24	Repairs: Rekey lock & supply & install new handle
Repairs: Remove broken set & replace with new lever set	$298.34	Repairs: Remove broken set & replace with new lever set
Repairs: Replace broken set of handles on an internal stairway entry door	$275.30	Repairs: Replace broken set of handles on an internal stairway entry door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,410.52
Total payable by Tenant to Landlord	$1,410.52

Claims and awards for application 4637932 — net $1,410.52 NZD. Verify on MoJ.

Rent arrears

Amount: $138.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $202.98
Awarded to: Landlord
Reason: Water rates

Electricity

Amount: $201.22
Awarded to: Landlord
Reason: Electricity

Repairs: Rekey lock & supply & install new handle

Amount: $274.24
Awarded to: Landlord
Reason: Repairs: Rekey lock & supply & install new handle

Repairs: Remove broken set & replace with new lever set

Amount: $298.34
Awarded to: Landlord
Reason: Repairs: Remove broken set & replace with new lever set

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The application for termination is dismissed.
Haley Hendriks must pay Home In Place (New Zealand) Limited $1,410.52 immediately, calculated as shown in the table below:

Reasons

The agent for the landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations to pay rent, water charges, electricity charges and damages.
The landlord served a 14-day notice on the tenant on 24 July 2023, and the tenant did not remedy the breach within the required period.
Although the tenant did not appear at the hearing, I find the nature or extent of the breach was not such that it would be inequitable in the circumstances to refuse to terminate the tenancy. The following factors have been taken into account: • The rent arrears, outstanding water and electricity charges are not significant. • The damage, although concerning, is minor. • That this appears to be the first occasion on which the matter has proceeded to a hearing before the Tribunal.
I accept this situation is not ideal for the landlord. However, I do not consider the breaches to be of such seriousness to justify terminating the tenancy at this point.
Having said this, the Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have outstanding rent arrears, water and electricity charges and not make any attempt to address this. It is time-consuming and hence costly for landlord to pursue this debt. A persistent pattern of outstanding rent arrears, water and electricity charges may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate 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.
The locks were damaged and had to be rekeyed and the handles were broken and had to be replaced during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage occurred in November 2022 and July 2023 with a total of $847.88 outstanding.
The amount ordered is proved.
As the landlord has been substantially successful with the claim, I order the other party to reimburse the filing fee.
Lastly, I regret the delay in releasing this order to the parties. I had mistakenly thought the order had been sent some time ago. I convey my apologies to the parties for this oversight and any inconvenience this may have caused.

Tenancy Tribunal case 4637932 — Property damage at Unit/Flat 305, 6 Waikumete Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4637932 — Property damage at Unit/Flat 305, 6 Waikumete Road, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions