What was the outcome of Tenancy Tribunal case 4919215?

The tribunal order states: Martin Kemp and Nalyse Kemp to pay Harbinger Investments Limited $987.94

How much money was awarded in case 4919215?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Window: $517.50 awarded to landlord

What type of tenancy dispute was case 4919215?

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

Where can I read the official tribunal order for case 4919215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769129-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4919215?

The tribunal order states: Martin Kemp and Nalyse Kemp to pay Harbinger Investments Limited $987.94

How much money was awarded in case 4919215?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Window: $517.50 awarded to landlord

What type of tenancy dispute was case 4919215?

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

Where can I read the official tribunal order for case 4919215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769129-Tenancy_Tribunal_Order.pdf.

1056 State Highway 10, Kerikeri, RD 3, Kerikeri 0293 Tenancy Tribunal Case 4919215 — Property damage

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1056 State Highway 10, Kerikeri, RD 3, Kerikeri 0293 Tenancy Tribunal Case 4919215 — 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 4919215 — net $987.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2024	$450.00	4. The landlord’s rent record establishes rent arrears of $450.00 to 21 March
Repairs: Window	$517.50	Repairs: Window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$987.94
Bond	$1,700.00
Total payable by Tenant to Landlord	$987.94

Claims and awards for application 4919215 — net $987.94 NZD. Verify on MoJ.

Rent arrears to 21 March 2024

Amount: $450.00
Awarded to: Landlord
Reason: 4. The landlord’s rent record establishes rent arrears of $450.00 to 21 March

Repairs: Window

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: Window

Filing fee reimbursement

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

Net award

Landlord $987.94

Bond

Landlord $1,700.00

Total payable by Tenant to Landlord

Landlord $987.94

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Martin Kemp and Nalyse Kemp to pay Harbinger Investments Limited $987.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,700.00 (5808326-002) immediately apportioned as follows: Harbinger Investments Limited: $987.94 Martin Kemp and Nalyse Kemp: $712.06

Reasons

The tenancy ended on 24 March 2024.
The landlord’s application seeks rent arrears and the cost of repairing a window.
The hearing took place in Kaikohe on 29 August 2024. Mr Otway (representing the landlord) attended the hearing by phone, with the consent of the Tribunal. There was no appearance by the tenants.
The landlord’s rent record establishes rent arrears of $450.00 to 21 March 2024.
During an inspection in March 2022, Mr Otway discovered that a window was out of the window frame and lying on the ground. Mr Otway spoke with the tenants about this. The tenants told him that they would reinstate it.
The tenants screwed the window back into place.
Mr Otway says that the window was not reinstated to a proper and professional standard. This has allowed water to ingress.
Mr Otway’s photographs show that the window sash is damaged.
Mr Otway provided a quote from Building & Beyond Ltd (Kerikeri) for $517.50 to repair and correctly reinstate the sash.
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. If a landlord can prove that damage beyond fair wear and tear has occurred during the tenancy, the burden of proof shifts to the tenant to prove that the damage occurred in circumstances other than a careless or intentional act by themselves or by anyone who was at the premises with their consent.
The damage shown in the photographs is consistent with the window being forced. I have no evidence from the tenants about how the damage happened.
The damage is beyond fair wear and tear and it is not proven that it occurred in circumstances other than a careless or intentional act by the tenants or by someone who was at the premises with their consent.
The tenants are liable for the proven cost of repair.
The landlord has been successful in this application and I must also award the tenant the filing fee of $20.44.
The landlord will receive $987.94 from the bond. The balance of the bond will be paid to the tenants.

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 4919215 — net $987.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2024	$450.00	4. The landlord’s rent record establishes rent arrears of $450.00 to 21 March
Repairs: Window	$517.50	Repairs: Window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$987.94
Bond	$1,700.00
Total payable by Tenant to Landlord	$987.94

Claims and awards for application 4919215 — net $987.94 NZD. Verify on MoJ.

Rent arrears to 21 March 2024

Amount: $450.00
Awarded to: Landlord
Reason: 4. The landlord’s rent record establishes rent arrears of $450.00 to 21 March

Repairs: Window

Amount: $517.50
Awarded to: Landlord
Reason: Repairs: Window

Filing fee reimbursement

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

Net award

Landlord $987.94

Bond

Landlord $1,700.00

Total payable by Tenant to Landlord

Landlord $987.94

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Martin Kemp and Nalyse Kemp to pay Harbinger Investments Limited $987.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,700.00 (5808326-002) immediately apportioned as follows: Harbinger Investments Limited: $987.94 Martin Kemp and Nalyse Kemp: $712.06

Reasons

The tenancy ended on 24 March 2024.
The landlord’s application seeks rent arrears and the cost of repairing a window.
The hearing took place in Kaikohe on 29 August 2024. Mr Otway (representing the landlord) attended the hearing by phone, with the consent of the Tribunal. There was no appearance by the tenants.
The landlord’s rent record establishes rent arrears of $450.00 to 21 March 2024.
During an inspection in March 2022, Mr Otway discovered that a window was out of the window frame and lying on the ground. Mr Otway spoke with the tenants about this. The tenants told him that they would reinstate it.
The tenants screwed the window back into place.
Mr Otway says that the window was not reinstated to a proper and professional standard. This has allowed water to ingress.
Mr Otway’s photographs show that the window sash is damaged.
Mr Otway provided a quote from Building & Beyond Ltd (Kerikeri) for $517.50 to repair and correctly reinstate the sash.
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. If a landlord can prove that damage beyond fair wear and tear has occurred during the tenancy, the burden of proof shifts to the tenant to prove that the damage occurred in circumstances other than a careless or intentional act by themselves or by anyone who was at the premises with their consent.
The damage shown in the photographs is consistent with the window being forced. I have no evidence from the tenants about how the damage happened.
The damage is beyond fair wear and tear and it is not proven that it occurred in circumstances other than a careless or intentional act by the tenants or by someone who was at the premises with their consent.
The tenants are liable for the proven cost of repair.
The landlord has been successful in this application and I must also award the tenant the filing fee of $20.44.
The landlord will receive $987.94 from the bond. The balance of the bond will be paid to the tenants.

Tenancy Tribunal case 4919215 — Property damage at 1056 State Highway 10, Kerikeri, RD 3, Kerikeri 0293

At a glance

Tenancy Tribunal case 4919215 — Property damage at 1056 State Highway 10, Kerikeri, RD 3, Kerikeri 0293

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