What was the outcome of Tenancy Tribunal case 4892322?

The tribunal order states: The tenancy of Dion Churchward at 18B St Andrews Drive, Tokoroa, Tokoroa 3420

How much money was awarded in case 4892322?

Filing Fee: $20.44 awarded to landlord; Property Damage: $418.08 awarded to landlord; Rent Arrears: $2,514.29 awarded to landlord

What type of tenancy dispute was case 4892322?

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

Where can I read the official tribunal order for case 4892322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10493512-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4892322?

The tribunal order states: The tenancy of Dion Churchward at 18B St Andrews Drive, Tokoroa, Tokoroa 3420

How much money was awarded in case 4892322?

Filing Fee: $20.44 awarded to landlord; Property Damage: $418.08 awarded to landlord; Rent Arrears: $2,514.29 awarded to landlord

What type of tenancy dispute was case 4892322?

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

Where can I read the official tribunal order for case 4892322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10493512-Tenancy_Tribunal_Order.pdf.

18B St Andrews Drive, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4892322 — Rent arrears

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18B St Andrews Drive, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4892322 — 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 4892322 — net $1,272.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2024	$2,514.29	Rent arrears to 3 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$418.08	Repairs
Net award	$1,272.81
Total payable by Tenant to Landlord	$1,272.81

Claims and awards for application 4892322 — net $1,272.81 NZD. Verify on MoJ.

Rent arrears to 3 July 2024

Amount: $2,514.29
Awarded to: Landlord
Reason: Rent arrears to 3 July 2024

Filing fee reimbursement

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

Repairs

Amount: $418.08
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $1,272.81

Total payable by Tenant to Landlord

Landlord $1,272.81

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Dion Churchward at 18B St Andrews Drive, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to Realty Waikato Limited as agent for Sean and Rochelle Kirby, at 11.59 pm, Wednesday 3 July 2024.
Dion Churchward must pay Realty Waikato Limited as agent for Sean and Rochelle Kirby $1,272.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (6468002-004) to Realty Waikato Limited as agent for Sean and Rochelle Kirby immediately.

Reasons

Both parties attended the hearing. Mr Churchward bought a support person.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.
The landlord’s management of the premises began on 4 March 2023.The tenant was added to the tenancy by variation of the tenancy agreement on 18 September 2023.The previous tenants had not been removed from the tenancy agreement at the time the application was filed but had not lived at the premises when the tenant was there.
The landlord sought rent arrears from Mr Churchward only and confirmed that the bond was held in full at the bond centre.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord provided a copy of a 14-day notice issued on 7 May 2024 and rent records which prove the amount owing at the end of the tenancy.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

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.
The tenant agreed that the glass in the sliding door was damaged when a chain broke off a towed vehicle and a piece went into the glass.
The tenant acknowledged that he had caused damage because he did not know that the airbrakes were engaged on the stationery vehicle. He said that he had tried to make payments toward the repair but was unable to meet rent and damages payments.
The invoice is awarded as claimed.
Because Realty Waikato Limited as agent for Sean and Rochelle Kirby 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 4892322 — net $1,272.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2024	$2,514.29	Rent arrears to 3 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$418.08	Repairs
Net award	$1,272.81
Total payable by Tenant to Landlord	$1,272.81

Claims and awards for application 4892322 — net $1,272.81 NZD. Verify on MoJ.

Rent arrears to 3 July 2024

Amount: $2,514.29
Awarded to: Landlord
Reason: Rent arrears to 3 July 2024

Filing fee reimbursement

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

Repairs

Amount: $418.08
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $1,272.81

Total payable by Tenant to Landlord

Landlord $1,272.81

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Dion Churchward at 18B St Andrews Drive, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to Realty Waikato Limited as agent for Sean and Rochelle Kirby, at 11.59 pm, Wednesday 3 July 2024.
Dion Churchward must pay Realty Waikato Limited as agent for Sean and Rochelle Kirby $1,272.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (6468002-004) to Realty Waikato Limited as agent for Sean and Rochelle Kirby immediately.

Reasons

Both parties attended the hearing. Mr Churchward bought a support person.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and refund of the bond.
The landlord’s management of the premises began on 4 March 2023.The tenant was added to the tenancy by variation of the tenancy agreement on 18 September 2023.The previous tenants had not been removed from the tenancy agreement at the time the application was filed but had not lived at the premises when the tenant was there.
The landlord sought rent arrears from Mr Churchward only and confirmed that the bond was held in full at the bond centre.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord provided a copy of a 14-day notice issued on 7 May 2024 and rent records which prove the amount owing at the end of the tenancy.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

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.
The tenant agreed that the glass in the sliding door was damaged when a chain broke off a towed vehicle and a piece went into the glass.
The tenant acknowledged that he had caused damage because he did not know that the airbrakes were engaged on the stationery vehicle. He said that he had tried to make payments toward the repair but was unable to meet rent and damages payments.
The invoice is awarded as claimed.
Because Realty Waikato Limited as agent for Sean and Rochelle Kirby has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4892322 — Rent arrears at 18B St Andrews Drive, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4892322 — Rent arrears at 18B St Andrews Drive, Tokoroa, Tokoroa 3420

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

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

Should the tenancy be terminated?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions