What was the outcome of Tenancy Tribunal case 4753698?

The tribunal order states: The tenancy of Thaksara Kavinda Bandara Wijebahu Mudiyanselage at 118

How much money was awarded in case 4753698?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,900.00 awarded to landlord; Property Damage: $941.85 awarded to landlord; Water Rates: $2,573.47 awarded to landlord

What type of tenancy dispute was case 4753698?

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

Where can I read the official tribunal order for case 4753698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9889486-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753698?

The tribunal order states: The tenancy of Thaksara Kavinda Bandara Wijebahu Mudiyanselage at 118

How much money was awarded in case 4753698?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,900.00 awarded to landlord; Property Damage: $941.85 awarded to landlord; Water Rates: $2,573.47 awarded to landlord

What type of tenancy dispute was case 4753698?

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

Where can I read the official tribunal order for case 4753698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9889486-Tenancy_Tribunal_Order.pdf.

118 Hugh Green Drive, Pinehill, Auckland 0632 Tenancy Tribunal Case 4753698 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4753698 — net $7,755.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/01/2024	$7,900.00	6. The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy.
Water rates (to 15/01/2024	$2,573.47	Water rates (to 15/01/2024
Repairs: (Damage to vanity downstairs	$941.85	Repairs: (Damage to vanity downstairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,755.76
Total payable by Tenant to Landlord	$7,755.76

The tenancy of Thaksara Kavinda Bandara Wijebahu Mudiyanselage at 118 Hugh Green Drive, Pinehill, Auckland 0632 is terminated, and possession is granted to Xue Quen He, at 11:59pm on Friday 26th January 2024.

The Bond Centre is to pay the bond of $3,680.00 (6210298-003) to Xue Quen He immediately.

Thaksara Kavinda Bandara Wijebahu Mudiyanselage must pay Xue Quen He $7,755.76 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy, rent and water arrears, refund of the bond, compensation for damage and reimbursement of the filing fee.

The landlord has also applied for possession of the premises following the termination of the tenancy.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated and possession granted to the landlord. See sections 55(1)(a) and 64 of the Residential Tenancies Act 1986.

How much is owed for rent and water rates?

The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy. The tenant has been in constant rent and water arrears during the tenancy and has shown no signs of paying what is owed to the landlord. As of 31st January 2024, the tenant owes $7,900.00 in rent arrears and as of 15th January 2024, the tenant owes $2,501.63 in water rates arrears.

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.

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.

The tenant caused damage to the downstairs vanity during the tenancy and has failed to remedy the damage after being put on notice to do so. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Xue Quen He has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4753698 — net $7,755.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/01/2024	$7,900.00	6. The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy.
Water rates (to 15/01/2024	$2,573.47	Water rates (to 15/01/2024
Repairs: (Damage to vanity downstairs	$941.85	Repairs: (Damage to vanity downstairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,755.76
Total payable by Tenant to Landlord	$7,755.76

Order

The tenancy of Thaksara Kavinda Bandara Wijebahu Mudiyanselage at 118 Hugh Green Drive, Pinehill, Auckland 0632 is terminated, and possession is granted to Xue Quen He, at 11:59pm on Friday 26th January 2024.
The Bond Centre is to pay the bond of $3,680.00 (6210298-003) to Xue Quen He immediately.
Thaksara Kavinda Bandara Wijebahu Mudiyanselage must pay Xue Quen He $7,755.76 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy, rent and water arrears, refund of the bond, compensation for damage and reimbursement of the filing fee.
The landlord has also applied for possession of the premises following the termination of the tenancy.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated and possession granted to the landlord. See sections 55(1)(a) and 64 of the Residential Tenancies Act 1986.

How much is owed for rent and water rates?

The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy. The tenant has been in constant rent and water arrears during the tenancy and has shown no signs of paying what is owed to the landlord. As of 31st January 2024, the tenant owes $7,900.00 in rent arrears and as of 15th January 2024, the tenant owes $2,501.63 in water rates arrears.

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.
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.
The tenant caused damage to the downstairs vanity during the tenancy and has failed to remedy the damage after being put on notice to do so. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Xue Quen He has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4753698 — Rent arrears at 118 Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Tenancy Tribunal case 4753698 — Rent arrears at 118 Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions