What was the outcome of Tenancy Tribunal case 4676049?

The tribunal order states: Ruawaipu Haua - Matehe and Kauri Haua must pay Brc Limited $18,764.01

How much money was awarded in case 4676049?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 4676049?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4676049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10586358-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4676049?

The tribunal order states: Ruawaipu Haua - Matehe and Kauri Haua must pay Brc Limited $18,764.01

How much money was awarded in case 4676049?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 4676049?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4676049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10586358-Tribunal_Order.pdf.

Unit/Flat Flat 21, 15 Park Avenue, Epuni, Lower Hutt 5011 Tenancy Tribunal Case 4676049 — Property damage

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Unit/Flat Flat 21, 15 Park Avenue, Epuni, Lower Hutt 5011 Tenancy Tribunal Case 4676049 — 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 4676049 — net $18,764.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
bond paid but not lodged	$18,243.57	bond paid but not lodged
Insurance excess for damage	$500.00	Insurance excess for damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,764.01
Total payable by Tenant to Landlord	$18,764.01

Claims and awards for application 4676049 — net $18,764.01 NZD. Verify on MoJ.

bond paid but not lodged

Amount: $18,243.57
Awarded to: Landlord
Reason: bond paid but not lodged

Insurance excess for damage

Amount: $500.00
Awarded to: Landlord
Reason: Insurance excess for damage

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $18,764.01

Total payable by Tenant to Landlord

Landlord $18,764.01

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Ruawaipu Haua - Matehe and Kauri Haua must pay Brc Limited $18,764.01 immediately, calculated as shown in table below.
The Tribunal makes a direction that service of the application and the notices of hearing can be dispensed with.

Reasons

The landlord attended the hearing. The landlord has applied for rent arrears and compensation following the end of the tenancy.
The application was filed more than two months after the end of the tenancy so the usual service rules no longer applied. The landlord cannot locate the tenants, despite making all reasonable efforts to do so. The Tribunal has attempted personal service at a new address. The landlord has asked that the Tribunal dispense with the need for service. I find this is appropriate. See section 91B Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The tenants had a fixed term tenancy agreement due to end in August 2023. The landlord received a message on 11 June 2023 from one of the tenants saying he had moved out and left the key. The landlord made an error and said the tenants were required to give 4 weeks notice, which is the case where there is a periodic tenancy. I find it is fair to allow rent in lieu of notice here because this is in the tenant’s favour. The alternative would be for the landlord to claim rent until the end of the fixed term tenancy. I find the tenancy ended on 9 July 2023, 4 weeks after the tenant gave notice.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The $2000 bond paid and not lodged has been taken into account in this calculation.

Are the tenants 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.
There was significant damage at the end of the tenancy. I have not heard any evidence from the tenants. The landlord’s insurer accepted and paid out on a claim for damage to the unit, less the $500 excess. It seems most likely to me the insurer would not have paid out if there was no damage, and I allow the claim for the excess.
Because Brc Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4676049 — net $18,764.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
bond paid but not lodged	$18,243.57	bond paid but not lodged
Insurance excess for damage	$500.00	Insurance excess for damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,764.01
Total payable by Tenant to Landlord	$18,764.01

Claims and awards for application 4676049 — net $18,764.01 NZD. Verify on MoJ.

bond paid but not lodged

Amount: $18,243.57
Awarded to: Landlord
Reason: bond paid but not lodged

Insurance excess for damage

Amount: $500.00
Awarded to: Landlord
Reason: Insurance excess for damage

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $18,764.01

Total payable by Tenant to Landlord

Landlord $18,764.01

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Ruawaipu Haua - Matehe and Kauri Haua must pay Brc Limited $18,764.01 immediately, calculated as shown in table below.
The Tribunal makes a direction that service of the application and the notices of hearing can be dispensed with.

Reasons

The landlord attended the hearing. The landlord has applied for rent arrears and compensation following the end of the tenancy.
The application was filed more than two months after the end of the tenancy so the usual service rules no longer applied. The landlord cannot locate the tenants, despite making all reasonable efforts to do so. The Tribunal has attempted personal service at a new address. The landlord has asked that the Tribunal dispense with the need for service. I find this is appropriate. See section 91B Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The tenants had a fixed term tenancy agreement due to end in August 2023. The landlord received a message on 11 June 2023 from one of the tenants saying he had moved out and left the key. The landlord made an error and said the tenants were required to give 4 weeks notice, which is the case where there is a periodic tenancy. I find it is fair to allow rent in lieu of notice here because this is in the tenant’s favour. The alternative would be for the landlord to claim rent until the end of the fixed term tenancy. I find the tenancy ended on 9 July 2023, 4 weeks after the tenant gave notice.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The $2000 bond paid and not lodged has been taken into account in this calculation.

Are the tenants 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.
There was significant damage at the end of the tenancy. I have not heard any evidence from the tenants. The landlord’s insurer accepted and paid out on a claim for damage to the unit, less the $500 excess. It seems most likely to me the insurer would not have paid out if there was no damage, and I allow the claim for the excess.
Because Brc Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4676049 — Property damage at Unit/Flat Flat 21, 15 Park Avenue, Epuni, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4676049 — Property damage at Unit/Flat Flat 21, 15 Park Avenue, Epuni, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Are the tenants 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

How much is owed for rent?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions