What was the outcome of Tenancy Tribunal case 4717451?

The tribunal order states: Kataraina Lisa Materoa-Waihirere must pay John Robert Douglas & Stephen

How much money was awarded in case 4717451?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,150.00 awarded to landlord

What type of tenancy dispute was case 4717451?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4717451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9865157-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4717451?

The tribunal order states: Kataraina Lisa Materoa-Waihirere must pay John Robert Douglas & Stephen

How much money was awarded in case 4717451?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,150.00 awarded to landlord

What type of tenancy dispute was case 4717451?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4717451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9865157-Tenancy_Tribunal_Order.pdf.

55 Weka Street, Waikiwi, Invercargill 9810 Tenancy Tribunal Case 4717451 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4717451 — net $1,800.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$2,150.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,800.44
Total payable by Tenant to Landlord	$1,800.44

Kataraina Lisa Materoa-Waihirere must pay John Robert Douglas & Stephen John Symington Brown As Trustees For The J R Douglas Trust $1,800.44 immediately, being the insurance excess for the claim regarding damages left following the tenancy and the filing fee.

The Bond Centre is to pay the balance of the bond of $370.00 (5372812-005) to John Robert Douglas & Stephen John Symington Brown As Trustees For The J R Douglas Trust immediately.

There is no order for name suppression in this case.

Reasons

The tenant failed to attend the hearing.

The landlord has filed for an order confirming the liability of the tenant for the amount of his excess claim.

I must first turn to the issue of service.

This application was filed some six months following the end of the tenancy. There has been no forwarding address given for the tenant, only an email address and phone number. An attempt was made to call the tenant at the hearing without success.

The Residential Tenancies Act (the Act) sets out the requirements for the service of such applications. There are requirements around the filing of the documents two months after the tenancy has ended, however, Section 91B gives the Tribunal the power to dispense with service as outlined in the Act. I am exercising this power given the following:

The evidence submitted is that the date and time for the exit inspection was agreed to however the tenant failed to attend. Prior to this the tenant had not allowed the landlord to enter the property. She did state that there were stains on the carpet that she would remedy and two holes in the walls. However, when the landlord entered the property, the damage was significant, particularly the carpets.

The landlord had allowed the tenancy on the basis of confirmation from Work and Income that a security deposit was available for this tenant if there was damage caused. The delay in filing this application was the due to the delay in him filing through the Work and Income process. He was told that his claim would be successful and time frame extended beyond the normal requirements, but he needed a decision of the Tribunal.

It would not be in the interests of Justice if I did not deal with this application and therefore dispense with the normal service requirements of the Act.

Given the photo evidence submitted of the property pre the tenancy, I accept that the damage was caused during the tenancy and that the tenant should meet the costs of the landlord’s excess. It is fortunate that the landlord was not required to pay an excess for the individual claims thus adding to the costs.

There had been a previous claim for a fire in the garage and this excess claim came out of the tenant’s bond. The balance of the bond remains, and I award the payment of the bond to the landlord, together with the balance of the excess and filing fee.

Order

Claims and awards in Tenancy Tribunal application 4717451 — net $1,800.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$2,150.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,800.44
Total payable by Tenant to Landlord	$1,800.44

The Bond Centre is to pay the balance of the bond of $370.00 (5372812-005) to John Robert Douglas & Stephen John Symington Brown As Trustees For The J R Douglas Trust immediately.

There is no order for name suppression in this case.

Reasons

The tenant failed to attend the hearing.

The landlord has filed for an order confirming the liability of the tenant for the amount of his excess claim.

I must first turn to the issue of service.

It would not be in the interests of Justice if I did not deal with this application and therefore dispense with the normal service requirements of the Act.

Tenancy Tribunal case 4717451 — Property damage at 55 Weka Street, Waikiwi, Invercargill 9810

At a glance

Tenancy Tribunal case 4717451 — Property damage at 55 Weka Street, Waikiwi, Invercargill 9810

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