What was the outcome of Tenancy Tribunal case 5040128?

The tribunal order states: Brooke Alexandra Swain must pay Kate Carolyn Allison Ford & Timothy Ian Ford

How much money was awarded in case 5040128?

Filing Fee: $27.00 awarded to landlord; Property Damage: $312.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord; Curtain Rail: $31.97 awarded to landlord; Laundry Door: $383.03 awarded to landlord; Playhouse Lock: $55.00 awarded to landlord

What type of tenancy dispute was case 5040128?

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

Where can I read the official tribunal order for case 5040128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11222110-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5040128?

The tribunal order states: Brooke Alexandra Swain must pay Kate Carolyn Allison Ford & Timothy Ian Ford

How much money was awarded in case 5040128?

Filing Fee: $27.00 awarded to landlord; Property Damage: $312.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord; Curtain Rail: $31.97 awarded to landlord; Laundry Door: $383.03 awarded to landlord; Playhouse Lock: $55.00 awarded to landlord

What type of tenancy dispute was case 5040128?

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

Where can I read the official tribunal order for case 5040128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11222110-Tenancy_Tribunal_Order.pdf.

16 Rokino Road, Taupo, Taupo 3330 Tenancy Tribunal Case 5040128 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5040128 — net $3,689.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 November 2024	$2,880.00	Rent arrears to 25 November 2024
Repairs: laundry door	$383.03	Repairs: laundry door
Repairs: playhouse lock	$55.00	Repairs: playhouse lock
Window repairs	$312.00	Window repairs
Repairs: Curtain rail	$31.97	Repairs: Curtain rail
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,689.00
Total payable by Tenant to Landlord	$3,689.00

Mr and Ms Ford attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.

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

How much is owed for rent?

The tenancy ended on 25 November 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

This claim is proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.

Section 49B(3)(a) of the RTA provides that 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).

Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

Section 49B(1) of the RTA provides that 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 for whom they are responsible.

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 landlord has provided a property inspection report signed by both parties prior to the start of the tenancy and some photographs taken at the start of the tenancy. The landlord has also provided photographs of the damage to the premises and invoices proving the repairs that have been performed and the amounts charged.

Having reviewed the report and the photographs, I am satisfied that the following damage was caused during the tenancy: curtain rail was removed, 2 broken windows to the playhouse, damage to the playhouse lock and damage to the laundry door and lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. The amounts ordered are GST inclusive.

Kate Carolyn Allison Ford & Timothy Ian Ford As Trustees Of The Tkmb Ford Family Trust has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5040128 — net $3,689.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 November 2024	$2,880.00	Rent arrears to 25 November 2024
Repairs: laundry door	$383.03	Repairs: laundry door
Repairs: playhouse lock	$55.00	Repairs: playhouse lock
Window repairs	$312.00	Window repairs
Repairs: Curtain rail	$31.97	Repairs: Curtain rail
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,689.00
Total payable by Tenant to Landlord	$3,689.00

Order

Brooke Alexandra Swain must pay Kate Carolyn Allison Ford & Timothy Ian Ford As Trustees Of The Tkmb Ford Family Trust $3,689.00 immediately, calculated as shown in the table below:

Reasons

Mr and Ms Ford attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 November 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.
This claim is proved.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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 for whom they are responsible.
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 landlord has provided a property inspection report signed by both parties prior to the start of the tenancy and some photographs taken at the start of the tenancy. The landlord has also provided photographs of the damage to the premises and invoices proving the repairs that have been performed and the amounts charged.
Having reviewed the report and the photographs, I am satisfied that the following damage was caused during the tenancy: curtain rail was removed, 2 broken windows to the playhouse, damage to the playhouse lock and damage to the laundry door and lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The amounts ordered are GST inclusive.
Kate Carolyn Allison Ford & Timothy Ian Ford As Trustees Of The Tkmb Ford Family Trust has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Tenancy Tribunal case 5040128 — Rent arrears at 16 Rokino Road, Taupo, Taupo 3330

At a glance

Tenancy Tribunal case 5040128 — Rent arrears at 16 Rokino Road, Taupo, Taupo 3330

At a glance

Award balance

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

Award balance

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