How much money was awarded in case 4668789?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.16 awarded to landlord; Rent Arrears: $1,401.87 awarded to landlord

What type of tenancy dispute was case 4668789?

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

Where can I read the official tribunal order for case 4668789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9442183-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4668789?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.16 awarded to landlord; Rent Arrears: $1,401.87 awarded to landlord

What type of tenancy dispute was case 4668789?

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

Where can I read the official tribunal order for case 4668789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9442183-Tenancy_Tribunal_Order.pdf.

40 Korimako Lane, Sydenham, Christchurch 8023 Tenancy Tribunal Case 4668789 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4668789?

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

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4668789 — net $1,716.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 September 2023	$1,401.87	Rent arrears to 21 September 2023
Door damage	$550.16	Door damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,716.47
Total payable by Tenant to Landlord	$1,716.47

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

The tenancy of Charles Potae at 40 Korimako Lane, Sydenham, Christchurch 8023 is terminated, and possession is granted to Ōtautahi Community Housing Trust, at 11am on Thursday 21 September 2023.

The application is amended to include claims for rent arrears, compensation for damage to the premises and payment of the bond.

The Bond Centre is to pay the bond of $256.00 (6401779-006) to Ōtautahi Community Housing Trust immediately.

Charles Potae must pay Ōtautahi Community Housing Trust $1,716.47 immediately, calculated as shown in the table below.

Reasons

Mr Woodbury represented the landlord at the hearing. The tenant did not attend.

The landlord has applied for termination of the tenancy and possession of the premises on the ground that the tenant has assaulted a neighbour of the premises.

Section 55(1)(c) of the Residential Tenancies Act 1986 (the Act) states, relevantly, that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted any neighbour of the premises.

Another of the landlord’s tenant’s at Korimako Lane, David Mead, gave evidence that on 30 July 2023, the tenant forced his way into his flat and assaulted him there. The tenant forcing the door open caused Mr Mead to fall. Mr Mead stood up and the tenant then pushed him in the chest causing him to fall against the kitchen table. As they were leaving Mr Mead’s flat, the tenant forced the door against his leg. The tenant and Mr Mead then proceeded to the flat of another tenant to speak with him.

The landlord produced a video recorded from a camera in Mr Mead’s kitchen with a view of Mr Mead’s porch and down the street in front of Mr Mead’s flat. The video was played to the Tribunal, and it showed the tenant and Mr Mead leaving Mr Mead’s flat and walking down the street side by side. The tenant then pushes Mr Mead into a fence and then hits him on the back of the head.

Mr Mead gave evidence that when he and the tenant got to the flat of the other tenant, the tenant, Mr Potae, punched him causing him to stumble through the door into the flat and fall to the ground.

Mr Mead then called the Police who attended. They have charged Mr Potae with assault with intent to injure, wilful damage and speaks threateningly. Mr Potae is currently in custody awaiting a court appearance.

I am completely satisfied from this evidence that the tenant has assaulted Mr Mead, who is a neighbour of the premises, multiple times and therefore there must be an order terminating the premises and giving possession to the landlord. I have therefore made an order to that effect.

The landlord asked to amend its application to add claims for rent arrears, compensation for the damage to the door of Mr Mead’s flat and payment of the bond. Rent was not in arrears at the time the application was filed.

I have allowed that amendment. There is no prejudice to the tenant in doing so and it will save the landlord from making another application and attending another hearing. The rent arrears and the compensation flow from Mr Potae’s actions that are the basis of the original application. Had they been included in the original application, it is unlikely that he would have attended the hearing today to defend them.

The tenant must not interfere with the reasonable peace, comfort, or privacy of the landlord’s other tenants in their use of their premises. The tenant has plainly done that in the case of Mr Mead, and in doing so he has damaged the door of Mr Mead’s premises. That damage was intentional, and I am satisfied from evidence provided by the landlord that it has incurred the cost of repairing the door and that the cost is reasonable in amount. I have therefore awarded it.

The landlord provided rent records which prove the amount owing to the end of the tenancy. I have therefore awarded the rent arrears as well.

It follows that the bond should be paid to the landlord.

The landlord has succeeded and so the tenant must also pay the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4668789 — net $1,716.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 September 2023	$1,401.87	Rent arrears to 21 September 2023
Door damage	$550.16	Door damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,716.47
Total payable by Tenant to Landlord	$1,716.47

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

The tenancy of Charles Potae at 40 Korimako Lane, Sydenham, Christchurch 8023 is terminated, and possession is granted to Ōtautahi Community Housing Trust, at 11am on Thursday 21 September 2023.

The application is amended to include claims for rent arrears, compensation for damage to the premises and payment of the bond.

The Bond Centre is to pay the bond of $256.00 (6401779-006) to Ōtautahi Community Housing Trust immediately.

Charles Potae must pay Ōtautahi Community Housing Trust $1,716.47 immediately, calculated as shown in the table below.

Reasons

Mr Woodbury represented the landlord at the hearing. The tenant did not attend.

The landlord has applied for termination of the tenancy and possession of the premises on the ground that the tenant has assaulted a neighbour of the premises.

Mr Mead gave evidence that when he and the tenant got to the flat of the other tenant, the tenant, Mr Potae, punched him causing him to stumble through the door into the flat and fall to the ground.

The landlord provided rent records which prove the amount owing to the end of the tenancy. I have therefore awarded the rent arrears as well.

It follows that the bond should be paid to the landlord.

The landlord has succeeded and so the tenant must also pay the filing fee.

Tenancy Tribunal case 4668789 — Rent arrears at 40 Korimako Lane, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 4668789 — Rent arrears at 40 Korimako Lane, Sydenham, Christchurch 8023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions