What was the outcome of Tenancy Tribunal case 5014968?

The tribunal order states: The tenancy of Samuel Matangi at Unit/Flat 1, 14 Douglas Street, Kensington,

How much money was awarded in case 5014968?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,209.57 awarded to landlord; Rent Owed: $88.00 awarded to landlord

What type of tenancy dispute was case 5014968?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11147131-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014968?

The tribunal order states: The tenancy of Samuel Matangi at Unit/Flat 1, 14 Douglas Street, Kensington,

How much money was awarded in case 5014968?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,209.57 awarded to landlord; Rent Owed: $88.00 awarded to landlord

What type of tenancy dispute was case 5014968?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11147131-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 5014968 — Rent arrears

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Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 5014968 — 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 5014968 — net $3,324.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2024	$3,209.57	Rent arrears to 29 November 2024
Rent owed to 6 December 2024	$88.00	Rent owed to 6 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,324.57
Total payable by Tenant to Landlord	$3,324.57

Claims and awards for application 5014968 — net $3,324.57 NZD. Verify on MoJ.

Rent arrears to 29 November 2024

Amount: $3,209.57
Awarded to: Landlord
Reason: Rent arrears to 29 November 2024

Rent owed to 6 December 2024

Amount: $88.00
Awarded to: Landlord
Reason: Rent owed to 6 December 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,324.57

Total payable by Tenant to Landlord

Landlord $3,324.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Samuel Matangi at Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112 is terminated, and possession is granted to Kāhui Tū Kaha Limited, at 11.59 pm on Friday 6 December 2024.
Samuel Matangi must pay Kāhui Tū Kaha Limited $3,324.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not answer the calls to his phone.
The landlord has applied for termination of the tenancy, rent arrears and compensation for repairing a shower door.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the shower door?

There is a claim for a repair to the shower door. 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. See sections 40(2)(a), 41 and 49B RTA.
The representative for landlord said the broken door was found during an inspection. She said the rollers holding the door had been previously noted as being in a good condition. She submitted the damage was more than fair wear and tear.
I am not persuaded the damage was careless or intentional. There has been no other careless or intentional damage during the tenancy. Given the type of shower door it seems most likely to me the damage was accidental. Tenants are not responsible for accidental damage. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. Suppression is not allowed because there is public interest in social housing. See section 95A RTA.

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 5014968 — net $3,324.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2024	$3,209.57	Rent arrears to 29 November 2024
Rent owed to 6 December 2024	$88.00	Rent owed to 6 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,324.57
Total payable by Tenant to Landlord	$3,324.57

Claims and awards for application 5014968 — net $3,324.57 NZD. Verify on MoJ.

Rent arrears to 29 November 2024

Amount: $3,209.57
Awarded to: Landlord
Reason: Rent arrears to 29 November 2024

Rent owed to 6 December 2024

Amount: $88.00
Awarded to: Landlord
Reason: Rent owed to 6 December 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,324.57

Total payable by Tenant to Landlord

Landlord $3,324.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Samuel Matangi at Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112 is terminated, and possession is granted to Kāhui Tū Kaha Limited, at 11.59 pm on Friday 6 December 2024.
Samuel Matangi must pay Kāhui Tū Kaha Limited $3,324.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not answer the calls to his phone.
The landlord has applied for termination of the tenancy, rent arrears and compensation for repairing a shower door.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the shower door?

There is a claim for a repair to the shower door. 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. See sections 40(2)(a), 41 and 49B RTA.
The representative for landlord said the broken door was found during an inspection. She said the rollers holding the door had been previously noted as being in a good condition. She submitted the damage was more than fair wear and tear.
I am not persuaded the damage was careless or intentional. There has been no other careless or intentional damage during the tenancy. Given the type of shower door it seems most likely to me the damage was accidental. Tenants are not responsible for accidental damage. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. Suppression is not allowed because there is public interest in social housing. See section 95A RTA.

Tenancy Tribunal case 5014968 — Rent arrears at Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112

At a glance

Tenancy Tribunal case 5014968 — Rent arrears at Unit/Flat 1, 14 Douglas Street, Kensington, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the shower door?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the shower door?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions