What was the outcome of Tenancy Tribunal case 4897543?

The tribunal order states: The tenancy of Tahisha Maria Harwood at 40 Holland Street, Pukekohe,

How much money was awarded in case 4897543?

Ment Limited, At 11.59pm On Wednesda…: $20.44 awarded to landlord

What type of tenancy dispute was case 4897543?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 4897543?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10531403-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4897543?

The tribunal order states: The tenancy of Tahisha Maria Harwood at 40 Holland Street, Pukekohe,

How much money was awarded in case 4897543?

Ment Limited, At 11.59pm On Wednesda…: $20.44 awarded to landlord

What type of tenancy dispute was case 4897543?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 4897543?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10531403-Tenancy_Tribunal_Order.pdf.

40 Holland Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4897543 — 14-day notice

Order

Claims and awards in Tenancy Tribunal application 4897543. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ment Limited, at 11.59pm on Wednesday 3 July 2024. 2. Tahisha Maria Harwood is to pay Street Smart Property Management L	$20.44		ment Limited, at 11.59pm on Wednesday 3 July 2024. 2. Tahisha Maria Harwood is to pay Street Smart Property Management L

The tenancy of Tahisha Maria Harwood at 40 Holland Street, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to Street Smart Property Management Limited, at 11.59pm on Wednesday 3 July 2024.

Tahisha Maria Harwood is to pay Street Smart Property Management Limited $20.44 immediately.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord has also applied for outstanding water rates, compensation for damages throughout the house, reimbursement of the filing fee and payment of the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay for the damage that has been incurred throughout the house during this tenancy.

The landlord served a 14-day notice on the tenant on 3 May 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the photographs show that the house has been significantly damaged. The evidence shows that in September 2023 there was an agreement that WINZ would contribute $3,000.00 towards a quote of $4,967.23 to repair the damage as at March 2023, and that the tenant would pay $100.00 per week to make up the remaining amount. WINZ paid $2,480.00 and the tenant paid a further $1,300.00 by way of the weekly payments, amounting to a total of $3,780.00 paid. In December 2023 the tenant stopped these payments and has not resumed them.

On 12 December 2023 the tenant’s advocate and financial advisor, Ms Perez, disputed the amount requested for the repair of the damages.

On 2 May 2024 a further inspection was completed. The photographs show a house that is significantly damaged. The landlord’s insurer has estimated that for each of the ten rooms they saw damaged in the photographs, there would be a $750.00 excess to pay towards the cost of the repair for each room. The insurer stated that they would need the premises vacated before they could complete a more accurate assessment of the cost of repair.

In summary, given the significant increase in damage to the house since March 2023 and as a result the increasing cost of repair, combined with the tenant’s refusal to pay the agreed $100.00 per week towards the cost quoted for in March 2023, it would be inequitable not to terminate this tenancy. Outstanding water rates and compensation for damage

As referred to above, the insurer has not yet had an opportunity to accurately assess the cost of repair, making only a general kind of assessment of the excess payable for each room of the house. There was also a dispute re the water charges at today’s hearing.

For these reasons the landlord has withdrawn those claims with a view to making a further application providing accurate costings of the repairs and evidence of communications between the tenant and landlord regarding a leak under the house.

It will be for the next adjudicator to make decisions as to whether the claims have been proven by the landlord and if so, what amount the tenant is liable for. Filing fee reimbursement

The landlord has had to make a claim in the Tenancy Tribunal and has been substantially successful. I am therefore ordering the tenant to reimburse the filing fee to the landlord. C ter Haar 03 July 2024

Claims and awards in Tenancy Tribunal application 4897543. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ment Limited, at 11.59pm on Wednesday 3 July 2024. 2. Tahisha Maria Harwood is to pay Street Smart Property Management L	$20.44		ment Limited, at 11.59pm on Wednesday 3 July 2024. 2. Tahisha Maria Harwood is to pay Street Smart Property Management L

Order

The tenancy of Tahisha Maria Harwood at 40 Holland Street, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to Street Smart Property Management Limited, at 11.59pm on Wednesday 3 July 2024.
Tahisha Maria Harwood is to pay Street Smart Property Management Limited $20.44 immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord has also applied for outstanding water rates, compensation for damages throughout the house, reimbursement of the filing fee and payment of the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay for the damage that has been incurred throughout the house during this tenancy.
The landlord served a 14-day notice on the tenant on 3 May 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the photographs show that the house has been significantly damaged. The evidence shows that in September 2023 there was an agreement that WINZ would contribute $3,000.00 towards a quote of $4,967.23 to repair the damage as at March 2023, and that the tenant would pay $100.00 per week to make up the remaining amount. WINZ paid $2,480.00 and the tenant paid a further $1,300.00 by way of the weekly payments, amounting to a total of $3,780.00 paid. In December 2023 the tenant stopped these payments and has not resumed them.
On 12 December 2023 the tenant’s advocate and financial advisor, Ms Perez, disputed the amount requested for the repair of the damages.
On 2 May 2024 a further inspection was completed. The photographs show a house that is significantly damaged. The landlord’s insurer has estimated that for each of the ten rooms they saw damaged in the photographs, there would be a $750.00 excess to pay towards the cost of the repair for each room. The insurer stated that they would need the premises vacated before they could complete a more accurate assessment of the cost of repair.
In summary, given the significant increase in damage to the house since March 2023 and as a result the increasing cost of repair, combined with the tenant’s refusal to pay the agreed $100.00 per week towards the cost quoted for in March 2023, it would be inequitable not to terminate this tenancy. Outstanding water rates and compensation for damage
As referred to above, the insurer has not yet had an opportunity to accurately assess the cost of repair, making only a general kind of assessment of the excess payable for each room of the house. There was also a dispute re the water charges at today’s hearing.
For these reasons the landlord has withdrawn those claims with a view to making a further application providing accurate costings of the repairs and evidence of communications between the tenant and landlord regarding a leak under the house.
It will be for the next adjudicator to make decisions as to whether the claims have been proven by the landlord and if so, what amount the tenant is liable for. Filing fee reimbursement
The landlord has had to make a claim in the Tenancy Tribunal and has been substantially successful. I am therefore ordering the tenant to reimburse the filing fee to the landlord. C ter Haar 03 July 2024

Tenancy Tribunal case 4897543 — 14-day notice at 40 Holland Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4897543 — 14-day notice at 40 Holland Street, Pukekohe, Pukekohe 2120

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions