What was the outcome of Tenancy Tribunal case 4865120?

The tribunal order states: Camilla McGruddy must pay Trust House Limited $2,774.29 immediately being

How much money was awarded in case 4865120?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,492.43 awarded to landlord; Property Damage: $261.42 awarded to landlord

What type of tenancy dispute was case 4865120?

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

Where can I read the official tribunal order for case 4865120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10617160-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4865120?

The tribunal order states: Camilla McGruddy must pay Trust House Limited $2,774.29 immediately being

How much money was awarded in case 4865120?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,492.43 awarded to landlord; Property Damage: $261.42 awarded to landlord

What type of tenancy dispute was case 4865120?

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

Where can I read the official tribunal order for case 4865120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10617160-Tenancy_Tribunal_Order.pdf.

23 Colombo Road, Masterton, Masterton 5810 Tenancy Tribunal Case 4865120 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4865120 — net $2,774.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,492.43	Rent arrears
Window repairs: Previous agreed	$261.42	Window repairs: Previous agreed
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,774.29
Total payable by Tenant to Landlord	$2,774.29

Camilla McGruddy must pay Trust House Limited $2,774.29 immediately being rent arrears, broken window and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$2,492.43 Window repairs: Previous agreed$261.42 Filing fee reimbursement$20.44 Total award$2,774.29 Total payable by Tenant to Landlord$2,774.29

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant on the mobile number provided in the application, but it went to answerphone.

I note that the Notice of Hearing was sent to both parties. I am proceeding with the hearing in the absence of the tenant.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 31 May 2024. The landlord provided rent records which prove the amount of $4308.43 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for rent arrears.

The bond of $1816.00 has been refunded to the landlord to offset the debt owed by the tenant to the landlord. The $1816.00 has been deducted from the rent arrears leaving an outstanding sum of $2492.43 in rent 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 accepted that she had damaged a window during the tenancy. The landlord and tenant entered into an arrangement for the tenant to pay off the debt. The cost of repairing the window was $271.42 and the tenant only paid $10.00 off the debt. I am taking the $10.00 off the debt leaving a remaining balance of $261.42 for the window repair.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Because Trust House Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4865120 — net $2,774.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,492.43	Rent arrears
Window repairs: Previous agreed	$261.42	Window repairs: Previous agreed
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,774.29
Total payable by Tenant to Landlord	$2,774.29

Order

Camilla McGruddy must pay Trust House Limited $2,774.29 immediately being rent arrears, broken window and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$2,492.43 Window repairs: Previous agreed$261.42 Filing fee reimbursement$20.44 Total award$2,774.29 Total payable by Tenant to Landlord$2,774.29

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant on the mobile number provided in the application, but it went to answerphone.
I note that the Notice of Hearing was sent to both parties. I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 31 May 2024. The landlord provided rent records which prove the amount of $4308.43 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.
The bond of $1816.00 has been refunded to the landlord to offset the debt owed by the tenant to the landlord. The $1816.00 has been deducted from the rent arrears leaving an outstanding sum of $2492.43 in rent 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 accepted that she had damaged a window during the tenancy. The landlord and tenant entered into an arrangement for the tenant to pay off the debt. The cost of repairing the window was $271.42 and the tenant only paid $10.00 off the debt. I am taking the $10.00 off the debt leaving a remaining balance of $261.42 for the window repair.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because Trust House Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4865120 — Rent arrears at 23 Colombo Road, Masterton, Masterton 5810

At a glance

Tenancy Tribunal case 4865120 — Rent arrears at 23 Colombo Road, Masterton, Masterton 5810

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

Property management

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

Property management

Frequently asked questions