What was the outcome of Tenancy Tribunal case 4830637?

The tribunal order states: Rachel Clarken must pay Home In Place (New Zealand) Limited $1,097.50

How much money was awarded in case 4830637?

Filing Fee: $20.44 awarded to landlord; Door: $1,077.06 awarded to landlord

What type of tenancy dispute was case 4830637?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4830637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10321420-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4830637?

The tribunal order states: Rachel Clarken must pay Home In Place (New Zealand) Limited $1,097.50

How much money was awarded in case 4830637?

Filing Fee: $20.44 awarded to landlord; Door: $1,077.06 awarded to landlord

What type of tenancy dispute was case 4830637?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4830637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10321420-Tenancy_Tribunal_Order.pdf.

Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4830637 — Property damage

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Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4830637 — Property damage | 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 4830637 — net $1,097.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Door	$1,077.06	Repairs: Door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,097.50
Total payable by Tenant to Landlord	$1,097.50

Claims and awards for application 4830637 — net $1,097.50 NZD. Verify on MoJ.

Repairs: Door

Amount: $1,077.06
Awarded to: Landlord
Reason: Repairs: Door

Filing fee reimbursement

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

Net award

Landlord $1,097.50

Total payable by Tenant to Landlord

Landlord $1,097.50

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Rachel Clarken must pay Home In Place (New Zealand) Limited $1,097.50 immediately.
The landlord’s application for termination is dismissed.

Reasons

Both parties attended the hearing.
The landlord applied for termination and compensation for damage.
This matter was before the Tribunal on two previous occasions. On 18 April 2023 the Tribunal made an order 1 for compensation of $4,519.52 for repairs to 1 TT4492161 a fire door. As part of the order the tenant was to pay the debt at $30.00 per week. It also states in the order that, Default in any payment within 2 days of the due date results in the total outstanding being recoverable by enforcement immediately.
At the hearing the tenant and landlord advised that the tenant has this year commenced making payment toward that debt. The tenant says the delay was because she did not have a bank account.
When the tenant did not make payment in 2023 the landlord did not seek enforcement of the order. Instead, an application was made to the Tribunal and another order was made on 22 August 2023 2 . The landlord had applied for termination of the tenancy because the tenant had not paid the costs awarded in the April 2023 order.
On 22 August 2023 the Tribunal dismissed the application for termination because the matter had already been heard by the Tribunal and the same matter cannot be used as the basis for a termination application under those proceedings.
The same has happened for this hearing. The landlord has issued 14 days notices to the tenant because she has not paid the costs awarded in the April order. The landlord could enforce the order but has chosen not to. An application for termination in these circumstances is not the correct process. The landlord’s application for termination is dismissed.
The landlord applied for costs for damage to the door. This is different damage to that awarded in the April order. This damage occurred around November 2023.
I have awarded the cost sought to repair the door. I have not included a payment plan as the tenant is already paying toward the first order.
Because Home In Place (New Zealand) Limited has substantially succeeded with the claim I have reimbursed 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 4830637 — net $1,097.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Door	$1,077.06	Repairs: Door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,097.50
Total payable by Tenant to Landlord	$1,097.50

Claims and awards for application 4830637 — net $1,097.50 NZD. Verify on MoJ.

Repairs: Door

Amount: $1,077.06
Awarded to: Landlord
Reason: Repairs: Door

Filing fee reimbursement

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

Net award

Landlord $1,097.50

Total payable by Tenant to Landlord

Landlord $1,097.50

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Rachel Clarken must pay Home In Place (New Zealand) Limited $1,097.50 immediately.
The landlord’s application for termination is dismissed.

Reasons

Both parties attended the hearing.
The landlord applied for termination and compensation for damage.
This matter was before the Tribunal on two previous occasions. On 18 April 2023 the Tribunal made an order 1 for compensation of $4,519.52 for repairs to 1 TT4492161 a fire door. As part of the order the tenant was to pay the debt at $30.00 per week. It also states in the order that, Default in any payment within 2 days of the due date results in the total outstanding being recoverable by enforcement immediately.
At the hearing the tenant and landlord advised that the tenant has this year commenced making payment toward that debt. The tenant says the delay was because she did not have a bank account.
When the tenant did not make payment in 2023 the landlord did not seek enforcement of the order. Instead, an application was made to the Tribunal and another order was made on 22 August 2023 2 . The landlord had applied for termination of the tenancy because the tenant had not paid the costs awarded in the April 2023 order.
On 22 August 2023 the Tribunal dismissed the application for termination because the matter had already been heard by the Tribunal and the same matter cannot be used as the basis for a termination application under those proceedings.
The same has happened for this hearing. The landlord has issued 14 days notices to the tenant because she has not paid the costs awarded in the April order. The landlord could enforce the order but has chosen not to. An application for termination in these circumstances is not the correct process. The landlord’s application for termination is dismissed.
The landlord applied for costs for damage to the door. This is different damage to that awarded in the April order. This damage occurred around November 2023.
I have awarded the cost sought to repair the door. I have not included a payment plan as the tenant is already paying toward the first order.
Because Home In Place (New Zealand) Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4830637 — Property damage at Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4830637 — Property damage at Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions