What was the outcome of Tenancy Tribunal case 4924334?

The tribunal order states: Jessica Jacobs to pay Barfoot & Thompson Limited $1,705.86 from the bond,

How much money was awarded in case 4924334?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $435.00 awarded to landlord; Property Damage: $213.99 awarded to landlord; Rent Arrears: $671.43 awarded to landlord; Water Rates: $77.50 awarded to landlord

What type of tenancy dispute was case 4924334?

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

Where can I read the official tribunal order for case 4924334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10921307-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4924334?

The tribunal order states: Jessica Jacobs to pay Barfoot & Thompson Limited $1,705.86 from the bond,

How much money was awarded in case 4924334?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $435.00 awarded to landlord; Property Damage: $213.99 awarded to landlord; Rent Arrears: $671.43 awarded to landlord; Water Rates: $77.50 awarded to landlord

What type of tenancy dispute was case 4924334?

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

Where can I read the official tribunal order for case 4924334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10921307-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 8 Overton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4924334 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4924334 — net $1,705.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.7.24	$671.43	Rent arrears to 17.7.24
Cleaning	$287.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$435.00	Lock/key replacement
Repairs	$213.99	Repairs
Water rates	$77.50	Water rates
Net award	$1,705.86
Total payable by Tenant to Landlord	$1,705.86

Jessica Jacobs to pay Barfoot & Thompson Limited $1,705.86 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,705.86 (3380806-010) to Barfoot & Thompson Limited immediately. The Bond Centre is to pay the remaining bond of $124.14 (3380806-010) to Jessica Jacobs immediately.

Reasons

Only the landlord attended the hearing.

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

How much is owed for rent and water?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as ordered above.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord observed first hand the condition of the property on termination.

The tenant did not return the keys.

The amounts ordered are proved.

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.

During the tenancy mesh from the rear door of the property was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered above is proven, being the cost to repair the damage.

Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee. The landlord is not seeking name suppression.

Claims and awards in Tenancy Tribunal application 4924334 — net $1,705.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.7.24	$671.43	Rent arrears to 17.7.24
Cleaning	$287.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$435.00	Lock/key replacement
Repairs	$213.99	Repairs
Water rates	$77.50	Water rates
Net award	$1,705.86
Total payable by Tenant to Landlord	$1,705.86

Order

Jessica Jacobs to pay Barfoot & Thompson Limited $1,705.86 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,705.86 (3380806-010) to Barfoot & Thompson Limited immediately. The Bond Centre is to pay the remaining bond of $124.14 (3380806-010) to Jessica Jacobs immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as ordered above.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord observed first hand the condition of the property on termination.
The tenant did not return the keys.
The amounts ordered are proved.

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.
During the tenancy mesh from the rear door of the property was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered above is proven, being the cost to repair the damage.
Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee. The landlord is not seeking name suppression.

Tenancy Tribunal case 4924334 — Rent arrears at Unit/Flat 5, 8 Overton Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4924334 — Rent arrears at Unit/Flat 5, 8 Overton Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

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 and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions