What was the outcome of Tenancy Tribunal case 4791260?

The tribunal order states: Corrine Allen to pay Tania Allen $1,225.44 from the bond, calculated as shown

How much money was awarded in case 4791260?

Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $860.00 awarded to landlord

What type of tenancy dispute was case 4791260?

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

Where can I read the official tribunal order for case 4791260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10226031-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4791260?

The tribunal order states: Corrine Allen to pay Tania Allen $1,225.44 from the bond, calculated as shown

How much money was awarded in case 4791260?

Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $860.00 awarded to landlord

What type of tenancy dispute was case 4791260?

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

Where can I read the official tribunal order for case 4791260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10226031-Tenancy_Tribunal_Order.pdf.

168 Exmouth Street, Waverley, Invercargill 9810 Tenancy Tribunal Case 4791260 — Rent arrears

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168 Exmouth Street, Waverley, Invercargill 9810 Tenancy Tribunal Case 4791260 — 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 4791260 — net $1,225.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$860.00	Rent arrears
Fence repairs	$345.00	Fence repairs
Filing fee	$20.44	Filing fee
Net award	$1,225.44
Bond	$1,520.00
Total payable by Tenant to Landlord	$1,225.44

Claims and awards for application 4791260 — net $1,225.44 NZD. Verify on MoJ.

Rent arrears

Amount: $860.00
Awarded to: Landlord
Reason: Rent arrears

Fence repairs

Amount: $345.00
Awarded to: Landlord
Reason: Fence repairs

Filing fee

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

Net award

Landlord $1,225.44

Bond

Landlord $1,520.00

Total payable by Tenant to Landlord

Landlord $1,225.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Corrine Allen to pay Tania Allen $1,225.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 (3555825-004) immediately apportioned as follows: Tania Allen: $1,225.44 Corrine Allen: $294.56

Reasons

Both parties attended the hearing. The tenant was connected by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute this amount.

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 following damage was caused during the tenancy: The fence required repair. Whilst the tenant provided a quote for materials, she was unable to get a quote or have the fence repaired at the time she vacated the premises.
The landlord provided three quotes and seeks the costs of the least amount.
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 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.
Because Corrine Allen 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 4791260 — net $1,225.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$860.00	Rent arrears
Fence repairs	$345.00	Fence repairs
Filing fee	$20.44	Filing fee
Net award	$1,225.44
Bond	$1,520.00
Total payable by Tenant to Landlord	$1,225.44

Claims and awards for application 4791260 — net $1,225.44 NZD. Verify on MoJ.

Rent arrears

Amount: $860.00
Awarded to: Landlord
Reason: Rent arrears

Fence repairs

Amount: $345.00
Awarded to: Landlord
Reason: Fence repairs

Filing fee

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

Net award

Landlord $1,225.44

Bond

Landlord $1,520.00

Total payable by Tenant to Landlord

Landlord $1,225.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Corrine Allen to pay Tania Allen $1,225.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 (3555825-004) immediately apportioned as follows: Tania Allen: $1,225.44 Corrine Allen: $294.56

Reasons

Both parties attended the hearing. The tenant was connected by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute this amount.

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 following damage was caused during the tenancy: The fence required repair. Whilst the tenant provided a quote for materials, she was unable to get a quote or have the fence repaired at the time she vacated the premises.
The landlord provided three quotes and seeks the costs of the least amount.
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 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.
Because Corrine Allen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4791260 — Rent arrears at 168 Exmouth Street, Waverley, Invercargill 9810

At a glance

Tenancy Tribunal case 4791260 — Rent arrears at 168 Exmouth Street, Waverley, Invercargill 9810

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions