What was the outcome of Tenancy Tribunal case 4917434?

The tribunal order states: Lelava Tuliloa to pay Porirua Homes Limited $1,112.00, as calculated in the

How much money was awarded in case 4917434?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $725.00 awarded to landlord; Unblocking Drain - Invoice Dated 24/…: $172.50 awarded to landlord; Unblocking Drain -Invoice Dated 30/1…: $194.06 awarded to landlord

What type of tenancy dispute was case 4917434?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10743923-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917434?

The tribunal order states: Lelava Tuliloa to pay Porirua Homes Limited $1,112.00, as calculated in the

How much money was awarded in case 4917434?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $725.00 awarded to landlord; Unblocking Drain - Invoice Dated 24/…: $172.50 awarded to landlord; Unblocking Drain -Invoice Dated 30/1…: $194.06 awarded to landlord

What type of tenancy dispute was case 4917434?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10743923-Tenancy_Tribunal_Order.pdf.

209 Bedford Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4917434 — Rent arrears

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209 Bedford Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4917434 — 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 4917434. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/8/24	$725.00	Rent arrears to 28/8/24
Unblocking drain -invoice dated 30/11/23	$194.06	Unblocking drain -invoice dated 30/11/23
Unblocking drain - invoice dated 24/7/24	$172.50	Unblocking drain - invoice dated 24/7/24
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4917434. Verify on MoJ.

Rent arrears to 28/8/24

Amount: $725.00
Awarded to: Landlord
Reason: Rent arrears to 28/8/24

Unblocking drain -invoice dated 30/11/23

Amount: $194.06
Awarded to: Landlord
Reason: Unblocking drain -invoice dated 30/11/23

Unblocking drain - invoice dated 24/7/24

Amount: $172.50
Awarded to: Landlord
Reason: Unblocking drain - invoice dated 24/7/24

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Lelava Tuliloa to pay Porirua Homes Limited $1,112.00, as calculated in the table below:

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.
The tenancy commenced on 22 April 2021 and is ongoing.

How much is owed for rent?

The landlord provided rent records which prove the amount owing to 23 August 2024 is $214.29 and I have made an order for rent arrears through to the end of the rent week, being the 28 August 2024 for $725.00.

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 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. 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 following damage was caused during the tenancy: Blocked drain on two occasions.
The initial application was for the Plumbers invoice dated 30/11/23 of $194.06. The landlord provided a photograph to support the claim that the drain was blocked by what appeared to be fat.
The landlord amended the claim on 26 July 2024 and the tenant was served with the application on 2 August 2024. The landlord seeks $172.50 for the Plumbers invoice dated 24 July 2024. The invoice narration states a nappy had blocked the drain.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider that the tenant has carelessly blocked the drains on both occasions.
The amounts ordered are proved.
In this case the insurance excess is $1,000.00 and rent is $715.00 per week, the amounts ordered do not exceed the limits in the RTA. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

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 4917434. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/8/24	$725.00	Rent arrears to 28/8/24
Unblocking drain -invoice dated 30/11/23	$194.06	Unblocking drain -invoice dated 30/11/23
Unblocking drain - invoice dated 24/7/24	$172.50	Unblocking drain - invoice dated 24/7/24
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4917434. Verify on MoJ.

Rent arrears to 28/8/24

Amount: $725.00
Awarded to: Landlord
Reason: Rent arrears to 28/8/24

Unblocking drain -invoice dated 30/11/23

Amount: $194.06
Awarded to: Landlord
Reason: Unblocking drain -invoice dated 30/11/23

Unblocking drain - invoice dated 24/7/24

Amount: $172.50
Awarded to: Landlord
Reason: Unblocking drain - invoice dated 24/7/24

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Lelava Tuliloa to pay Porirua Homes Limited $1,112.00, as calculated in the table below:

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee.
The tenancy commenced on 22 April 2021 and is ongoing.

How much is owed for rent?

The landlord provided rent records which prove the amount owing to 23 August 2024 is $214.29 and I have made an order for rent arrears through to the end of the rent week, being the 28 August 2024 for $725.00.

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 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. 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 following damage was caused during the tenancy: Blocked drain on two occasions.
The initial application was for the Plumbers invoice dated 30/11/23 of $194.06. The landlord provided a photograph to support the claim that the drain was blocked by what appeared to be fat.
The landlord amended the claim on 26 July 2024 and the tenant was served with the application on 2 August 2024. The landlord seeks $172.50 for the Plumbers invoice dated 24 July 2024. The invoice narration states a nappy had blocked the drain.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider that the tenant has carelessly blocked the drains on both occasions.
The amounts ordered are proved.
In this case the insurance excess is $1,000.00 and rent is $715.00 per week, the amounts ordered do not exceed the limits in the RTA. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 4917434 — Rent arrears at 209 Bedford Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 4917434 — Rent arrears at 209 Bedford Street, Cannons Creek, Porirua 5024

At a glance

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

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