What was the outcome of Tenancy Tribunal case 4808040?

The tribunal order states: Kelita Cresswell owes Kemeys Brothers Management Limited As Agent For

How much money was awarded in case 4808040?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,462.86 awarded to landlord

What type of tenancy dispute was case 4808040?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4808040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10115984-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4808040?

The tribunal order states: Kelita Cresswell owes Kemeys Brothers Management Limited As Agent For

How much money was awarded in case 4808040?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,462.86 awarded to landlord

What type of tenancy dispute was case 4808040?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4808040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10115984-Tenancy_Tribunal_Order.pdf.

34 Wright Street, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4808040 — Rent arrears

Claims and awards in Tenancy Tribunal application 4808040 — net $1,483.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21/03/2024	$1,462.86	Rent arrears (to 21/03/2024
Filing fee	$20.44	Filing fee
Net award	$1,483.30
Total payable by Tenant to Landlord	$1,483.30

Order

Kelita Cresswell owes Kemeys Brothers Management Limited As Agent For Mark Roberston $1,483.30, calculated as set out in the table below (“the debt”).
Kelita Cresswell must pay rent in full and on time each week and have made an agreed plan with the landlord to repay the debt by weekly instalments. This repayment plan must be agreed and in place by 4 April 2024 and a copy of it attached to this Order and signed by both parties, for enforcement purposes.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34 Wright Street, Wainuiomata, Lower Hutt 5014 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation for damages, refund of the bond and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
The tenant has a financial advocate coming to see her tomorrow to work out a financial management plan and then assist the tenant to advocate for assistance from Work and Income New Zealand.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the oven and stove top?

The landlord sought reimbursement of the $1,141.29 to replace an oven and stove top that was badly damaged by the tenant’s ex-partner during the tenant’s tenancy.
The tenant gave evidence during the hearing that her ex-partner broke into her home and entered it unlawfully, without her knowledge, and smashed the glass oven door and the cook top. The matter was reported to the Police and the ex- partner has been charged with breaking and entering and causing damage to the premises.
The tenant says she was in New Plymouth at the time the ex-partner did the damage and that he was not in the premises with her consent or knowledge.
The landlord argued that the damage was caused due to the tenant’s relationship with her ex-partner and that she should be liable for his careless and intentional actions.
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 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.
After considering all the information provided by the parties, I find that the damage to the oven and cook top was not caused by the carelessness or intentional act of the tenant or a person permitted to be in the premises by the tenant. As such, it is not damage for which she can be held liable.
The tenant’s ex-partner’s intentional and malicious actions led to the direct loss of $1,141.29 to the landlord, which is not recoverable by its insurance.
The tenant has sought reparation for the landlord’s loss as part of the remedies being sought during the District Court proceedings for breaking and entering and wilful damage. These charges are yet to be heard. The tenant has undertaken to pass on any reparation she receives for the landlord’s loss from the District Court proceeding and will request reparation be made to the landlord directly if possible. Reimbursement of the filing fee
Because Kemeys Brothers Management Limited As Agent For Mark Roberston has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4808040 — net $1,483.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21/03/2024	$1,462.86	Rent arrears (to 21/03/2024
Filing fee	$20.44	Filing fee
Net award	$1,483.30
Total payable by Tenant to Landlord	$1,483.30

Order

Kelita Cresswell owes Kemeys Brothers Management Limited As Agent For Mark Roberston $1,483.30, calculated as set out in the table below (“the debt”).
Kelita Cresswell must pay rent in full and on time each week and have made an agreed plan with the landlord to repay the debt by weekly instalments. This repayment plan must be agreed and in place by 4 April 2024 and a copy of it attached to this Order and signed by both parties, for enforcement purposes.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34 Wright Street, Wainuiomata, Lower Hutt 5014 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation for damages, refund of the bond and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
The tenant has a financial advocate coming to see her tomorrow to work out a financial management plan and then assist the tenant to advocate for assistance from Work and Income New Zealand.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the oven and stove top?

The landlord sought reimbursement of the $1,141.29 to replace an oven and stove top that was badly damaged by the tenant’s ex-partner during the tenant’s tenancy.
The tenant gave evidence during the hearing that her ex-partner broke into her home and entered it unlawfully, without her knowledge, and smashed the glass oven door and the cook top. The matter was reported to the Police and the ex- partner has been charged with breaking and entering and causing damage to the premises.
The tenant says she was in New Plymouth at the time the ex-partner did the damage and that he was not in the premises with her consent or knowledge.
The landlord argued that the damage was caused due to the tenant’s relationship with her ex-partner and that she should be liable for his careless and intentional actions.
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 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.
After considering all the information provided by the parties, I find that the damage to the oven and cook top was not caused by the carelessness or intentional act of the tenant or a person permitted to be in the premises by the tenant. As such, it is not damage for which she can be held liable.
The tenant’s ex-partner’s intentional and malicious actions led to the direct loss of $1,141.29 to the landlord, which is not recoverable by its insurance.
The tenant has sought reparation for the landlord’s loss as part of the remedies being sought during the District Court proceedings for breaking and entering and wilful damage. These charges are yet to be heard. The tenant has undertaken to pass on any reparation she receives for the landlord’s loss from the District Court proceeding and will request reparation be made to the landlord directly if possible. Reimbursement of the filing fee
Because Kemeys Brothers Management Limited As Agent For Mark Roberston has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4808040 — Rent arrears at 34 Wright Street, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 4808040 — Rent arrears at 34 Wright Street, Wainuiomata, Lower Hutt 5014

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Is the tenant responsible for the damage to the oven and stove top?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Is the tenant responsible for the damage to the oven and stove top?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions