What was the outcome of Tenancy Tribunal case 4741130?

The tribunal order states: The tenancy of Kathleen Jennie Anne Marie Saifiti at 94 Fonteyn Street,

How much money was awarded in case 4741130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $417.91 awarded to landlord; Rent Arrears: $7,068.57 awarded to landlord; Water Rates: $408.37 awarded to landlord

What type of tenancy dispute was case 4741130?

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

Where can I read the official tribunal order for case 4741130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845859-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4741130?

The tribunal order states: The tenancy of Kathleen Jennie Anne Marie Saifiti at 94 Fonteyn Street,

How much money was awarded in case 4741130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $417.91 awarded to landlord; Rent Arrears: $7,068.57 awarded to landlord; Water Rates: $408.37 awarded to landlord

What type of tenancy dispute was case 4741130?

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

Where can I read the official tribunal order for case 4741130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9845859-Tenancy_Tribunal_Order.pdf.

94 Fonteyn Street, Avondale, Auckland 1026 Tenancy Tribunal Case 4741130 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4741130 — net $5,515.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,068.57	Rent arrears
Water rates	$408.37	Water rates
Repairs	$417.91	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,515.29
Total payable by Tenant to Landlord	$5,515.29

The tenancy of Kathleen Jennie Anne Marie Saifiti at 94 Fonteyn Street, Avondale, Auckland 1026 is terminated, and possession is granted to Saverys Realty Limited As Agent For Lz And Zl 2 Ltd, at 11.59 am on Friday 19 January 2024.

The Bond Centre is to pay the bond of $2,400.00 (3274734-006) to Saverys Realty Limited As Agent For Lz And Zl 2 Ltd immediately.

Kathleen Jennie Anne Marie Saifiti must pay Saverys Realty Limited As Agent For Lz And Zl 2 Ltd $5,515.29 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote teleconference hearing. Neither party was able to connect by video and the matter proceeded by teleconference.

The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $7,068.57.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing for water rates to the reading on 12 December 2023 was $408.37.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. The landlord is insured. The policy of insurance carries an excess of $1,000.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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.

A door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant says that she left the door open and it was damaged as a result of a gust of wind. I find that the tenant’s action in leaving the door open was carless and not intentional.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The door was installed in the 1970’s. I have deducted 30% of the invoiced amount to take into account both betterment and depreciation.

As Saverys Realty Limited As Agent For Lz And Zl 2 Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application is dismissed.

Claims and awards in Tenancy Tribunal application 4741130 — net $5,515.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,068.57	Rent arrears
Water rates	$408.37	Water rates
Repairs	$417.91	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,515.29
Total payable by Tenant to Landlord	$5,515.29

Order

The tenancy of Kathleen Jennie Anne Marie Saifiti at 94 Fonteyn Street, Avondale, Auckland 1026 is terminated, and possession is granted to Saverys Realty Limited As Agent For Lz And Zl 2 Ltd, at 11.59 am on Friday 19 January 2024.
The Bond Centre is to pay the bond of $2,400.00 (3274734-006) to Saverys Realty Limited As Agent For Lz And Zl 2 Ltd immediately.
Kathleen Jennie Anne Marie Saifiti must pay Saverys Realty Limited As Agent For Lz And Zl 2 Ltd $5,515.29 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote teleconference hearing. Neither party was able to connect by video and the matter proceeded by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy will be $7,068.57.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing for water rates to the reading on 12 December 2023 was $408.37.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. The landlord is insured. The policy of insurance carries an excess of $1,000.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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.
A door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant says that she left the door open and it was damaged as a result of a gust of wind. I find that the tenant’s action in leaving the door open was carless and not intentional.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The door was installed in the 1970’s. I have deducted 30% of the invoiced amount to take into account both betterment and depreciation.
As Saverys Realty Limited As Agent For Lz And Zl 2 Ltd has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application is dismissed.

Tenancy Tribunal case 4741130 — Rent arrears at 94 Fonteyn Street, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 4741130 — Rent arrears at 94 Fonteyn Street, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions