What was the outcome of Tenancy Tribunal case 5016154?

The tribunal order states: The tenancy of Stefan Broughton at 157 Kent Street, Kingston, Kingston 9793 is

How much money was awarded in case 5016154?

Electricity Costs: $448.67 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $978.70 awarded to landlord; Rent Arrears: $9,678.53 awarded to landlord

What type of tenancy dispute was case 5016154?

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

Where can I read the official tribunal order for case 5016154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108270-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5016154?

The tribunal order states: The tenancy of Stefan Broughton at 157 Kent Street, Kingston, Kingston 9793 is

How much money was awarded in case 5016154?

Electricity Costs: $448.67 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $978.70 awarded to landlord; Rent Arrears: $9,678.53 awarded to landlord

What type of tenancy dispute was case 5016154?

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

Where can I read the official tribunal order for case 5016154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108270-Tenancy_Tribunal_Order.pdf.

157 Kent Street, Kingston, Kingston 9793 Tenancy Tribunal Case 5016154 — Rent arrears

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157 Kent Street, Kingston, Kingston 9793 Tenancy Tribunal Case 5016154 — 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 5016154 — net $11,132.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,678.53	Rent arrears
Electricity costs	$448.67	Electricity costs
Repairs	$978.70	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,132.90
Total payable by Tenant to Landlord	$11,132.90

Claims and awards for application 5016154 — net $11,132.90 NZD. Verify on MoJ.

Rent arrears

Amount: $9,678.53
Awarded to: Landlord
Reason: Rent arrears

Electricity costs

Amount: $448.67
Awarded to: Landlord
Reason: Electricity costs

Repairs

Amount: $978.70
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $11,132.90

Total payable by Tenant to Landlord

Landlord $11,132.90

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Stefan Broughton at 157 Kent Street, Kingston, Kingston 9793 is terminated, and possession is granted to Archangelos Georgalli immediately.
Stefan Broughton must pay Archangelos Georgalli $11,132.90 immediately, calculated as shown in the table below:
All other applications were withdrawn by the landlord.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears and compensation.
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.
The landlord provided rent records and electricity invoices which prove the amount owing at the end of the tenancy was $9,678.53 for rent and $448.67 for electricity.
The landlord withdrew all other claims.

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. The landlord is not insured for tenant damage.
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.
The following damage was caused during the tenancy: The ceiling was damaged by the tenant. The tenant told the landlord that this occurred whilst furniture was being shifted. The tenant had said that they would complete the repairs but did not. The landlord provided photos and an invoice for the repair in evidence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Archangelos Georgalli has wholly succeeded with the claim I must reimburse the filing fee.

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 5016154 — net $11,132.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,678.53	Rent arrears
Electricity costs	$448.67	Electricity costs
Repairs	$978.70	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,132.90
Total payable by Tenant to Landlord	$11,132.90

Claims and awards for application 5016154 — net $11,132.90 NZD. Verify on MoJ.

Rent arrears

Amount: $9,678.53
Awarded to: Landlord
Reason: Rent arrears

Electricity costs

Amount: $448.67
Awarded to: Landlord
Reason: Electricity costs

Repairs

Amount: $978.70
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Net award

Landlord $11,132.90

Total payable by Tenant to Landlord

Landlord $11,132.90

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The tenancy of Stefan Broughton at 157 Kent Street, Kingston, Kingston 9793 is terminated, and possession is granted to Archangelos Georgalli immediately.
Stefan Broughton must pay Archangelos Georgalli $11,132.90 immediately, calculated as shown in the table below:
All other applications were withdrawn by the landlord.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears and compensation.
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.
The landlord provided rent records and electricity invoices which prove the amount owing at the end of the tenancy was $9,678.53 for rent and $448.67 for electricity.
The landlord withdrew all other claims.

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. The landlord is not insured for tenant damage.
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.
The following damage was caused during the tenancy: The ceiling was damaged by the tenant. The tenant told the landlord that this occurred whilst furniture was being shifted. The tenant had said that they would complete the repairs but did not. The landlord provided photos and an invoice for the repair in evidence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Archangelos Georgalli has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5016154 — Rent arrears at 157 Kent Street, Kingston, Kingston 9793

At a glance

Tenancy Tribunal case 5016154 — Rent arrears at 157 Kent Street, Kingston, Kingston 9793

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions