What was the outcome of Tenancy Tribunal case 4677914?

The tribunal order states: Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher

How much money was awarded in case 4677914?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,478.57 awarded to tenant; Rubbish Removal: $400.00 awarded to landlord; Property Damage: $743.81 awarded to landlord

What type of tenancy dispute was case 4677914?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4677914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10057062-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4677914?

The tribunal order states: Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher

How much money was awarded in case 4677914?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,478.57 awarded to tenant; Rubbish Removal: $400.00 awarded to landlord; Property Damage: $743.81 awarded to landlord

What type of tenancy dispute was case 4677914?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4677914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10057062-Tribunal_Order.pdf.

2B Prangley Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 4677914 — Rent arrears

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2B Prangley Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 4677914 — Rent arrears | 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 4677914 — net $314.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs: Plywood and lock	$743.81		Window repairs: Plywood and lock
Rubbish removal	$400.00		Rubbish removal
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$1,478.57	Rent arrears
Total award	$1,164.25	$1,478.57
Net award		$314.32
Bond		$1,840.00
Total payable by Landlord to Tenant		$314.32

Claims and awards for application 4677914 — net $314.32 NZD. Verify on MoJ.

Window repairs: Plywood and lock

Amount: $743.81
Awarded to: Landlord
Reason: Window repairs: Plywood and lock

Rubbish removal

Amount: $400.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Rent arrears

Amount: $1,478.57
Awarded to: Tenant
Reason: Rent arrears

Total award

Landlord $1,164.25 · Tenant $1,478.57

Net award

Tenant $314.32

Bond

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal Property damage

Order

Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher must pay Jasmarie Nathan Gage and James Rawhiti $314.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (5541602-009) immediately apportioned as follows: Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher: $0.00 Jasmarie Nathan Gage and James Rawhiti: $1,840.00

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 30 June 2023 following a 7-day notice being served on the tenant see Residential Tenancies Act 1986, section 59A.
At the end of the tenancy the tenant was $1,478.57 in rent credit. This has not yet been refunded to the tenant.

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.
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.
During the tenancy the tenant caused substantial damage to the property, including making holes in internal and external walls, breaking windows and interior and exterior doors, breaking the external layer of the oven door and breaking the vanity.
Following the end of the tenancy the landlord decided to sell the property rather than undertake repairs. Costs incurred are to make the property secure during the sale process and to remove the tenant’s damaged property from the yard.
The losses incurred by the landlord for loss of rent following the end of the tenancy have not been claimed.
The landlord sought $920.00 for the damage to the oven, but as the oven was not repaired this cannot be awarded.
I am satisfied the damage was caused intentionally.
The amounts ordered are proved.
Because Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher has substantially succeeded with the claim I have reimbursed 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 4677914 — net $314.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs: Plywood and lock	$743.81		Window repairs: Plywood and lock
Rubbish removal	$400.00		Rubbish removal
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$1,478.57	Rent arrears
Total award	$1,164.25	$1,478.57
Net award		$314.32
Bond		$1,840.00
Total payable by Landlord to Tenant		$314.32

Claims and awards for application 4677914 — net $314.32 NZD. Verify on MoJ.

Window repairs: Plywood and lock

Amount: $743.81
Awarded to: Landlord
Reason: Window repairs: Plywood and lock

Rubbish removal

Amount: $400.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Rent arrears

Amount: $1,478.57
Awarded to: Tenant
Reason: Rent arrears

Total award

Landlord $1,164.25 · Tenant $1,478.57

Net award

Tenant $314.32

Bond

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal Property damage

Order

Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher must pay Jasmarie Nathan Gage and James Rawhiti $314.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (5541602-009) immediately apportioned as follows: Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher: $0.00 Jasmarie Nathan Gage and James Rawhiti: $1,840.00

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 30 June 2023 following a 7-day notice being served on the tenant see Residential Tenancies Act 1986, section 59A.
At the end of the tenancy the tenant was $1,478.57 in rent credit. This has not yet been refunded to the tenant.

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.
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.
During the tenancy the tenant caused substantial damage to the property, including making holes in internal and external walls, breaking windows and interior and exterior doors, breaking the external layer of the oven door and breaking the vanity.
Following the end of the tenancy the landlord decided to sell the property rather than undertake repairs. Costs incurred are to make the property secure during the sale process and to remove the tenant’s damaged property from the yard.
The losses incurred by the landlord for loss of rent following the end of the tenancy have not been claimed.
The landlord sought $920.00 for the damage to the oven, but as the oven was not repaired this cannot be awarded.
I am satisfied the damage was caused intentionally.
The amounts ordered are proved.
Because Barfoot & Thompson Property Limited - As Agent For F T Phillip & M Gallagher has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4677914 — Rent arrears at 2B Prangley Avenue, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4677914 — Rent arrears at 2B Prangley Avenue, Mangere, Auckland 2022

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

Property management

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

Property management

Frequently asked questions