What was the outcome of Tenancy Tribunal case 5085110?

The tribunal order states: Sarah lee Anne Simpson must pay Goodman Family Nz Limited As Agent For

How much money was awarded in case 5085110?

Filing Fee: $27.00 awarded to landlord; Property Damage: $483.47 awarded to landlord; Rent Arrears: $6,100.00 awarded to landlord; Water Rates: $137.38 awarded to landlord

What type of tenancy dispute was case 5085110?

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

Where can I read the official tribunal order for case 5085110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393408-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5085110?

The tribunal order states: Sarah lee Anne Simpson must pay Goodman Family Nz Limited As Agent For

How much money was awarded in case 5085110?

Filing Fee: $27.00 awarded to landlord; Property Damage: $483.47 awarded to landlord; Rent Arrears: $6,100.00 awarded to landlord; Water Rates: $137.38 awarded to landlord

What type of tenancy dispute was case 5085110?

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

Where can I read the official tribunal order for case 5085110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393408-Tenancy_Tribunal_Order.pdf.

Unit/Flat 105, 88 Te Oneroa Way, Long Bay, Auckland 0630 Tenancy Tribunal Case 5085110 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5085110 — net $4,147.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025	$6,100.00	Rent arrears to 21 January 2025
Water rates	$137.38	Water rates
Repairs	$483.47	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,147.85
Total payable by Tenant to Landlord	$4,147.85

Sarah lee Anne Simpson must pay Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson $4,147.85 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6541018-001) to Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson immediately.

Reasons

The landlord attended the hearing. The tenant did not attend 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.

The tenancy began on 12 June 2024 and was for a fixed term due to end on 12 June 2025.

The landlord said that there was a routine inspection on 7 January 2025 when it was discovered that the tenant had left the premises. The landlord contacted the tenant who agreed for the landlord to let the premises to a new tenant. That new tenancy commenced on 22 January 2025 therefore the tenant is responsible for the rent arrears up to and including 21 January 2025.

The landlord had applied for termination but as the tenancy has ended that application is withdrawn.

How much is owed for water rates?

The landlord produced two water invoices. The August 2024 invoice (after deducting the fixed fee) was for $75.49, and the October 2024 invoice was for $137.38.

The rent summary produced by the landlord includes two payments received from the tenant for water rates. One payment for $24.51 and the other for $75.49. Both payments were received on 1 October 2024.

As the $75.49 payment was made just over one month after the August invoice and is for the same amount, I have reached the conclusion that it is likely that the payment is for that invoice. This conclusion is also reached on the basis that the landlord has not provided any summary for payments for water payments received or any other water invoices.

I will award the landlord $137.38 for the water invoice dated 25 October 2024 as there is no record of any payment by the tenant toward that invoice.

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.

The following damage was caused during the tenancy: wall hole (internal and external), damage in toilet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The Body Corporate had sought for damage caused by the tenant’s dog in a common area. Despite the landlord asking for supporting evidence none was provided. A claim for damage to common areas needs to have some evidence to support it because that damage could have been caused by any other tenants. That part of the landlord’s claim is dismissed.

The landlord’s claim for the damage in the premises is ordered as proved.

Because Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5085110 — net $4,147.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025	$6,100.00	Rent arrears to 21 January 2025
Water rates	$137.38	Water rates
Repairs	$483.47	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,147.85
Total payable by Tenant to Landlord	$4,147.85

Order

Sarah lee Anne Simpson must pay Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson $4,147.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6541018-001) to Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson immediately.

Reasons

The landlord attended the hearing. The tenant did not attend 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.
The tenancy began on 12 June 2024 and was for a fixed term due to end on 12 June 2025.
The landlord said that there was a routine inspection on 7 January 2025 when it was discovered that the tenant had left the premises. The landlord contacted the tenant who agreed for the landlord to let the premises to a new tenant. That new tenancy commenced on 22 January 2025 therefore the tenant is responsible for the rent arrears up to and including 21 January 2025.
The landlord had applied for termination but as the tenancy has ended that application is withdrawn.

How much is owed for water rates?

The landlord produced two water invoices. The August 2024 invoice (after deducting the fixed fee) was for $75.49, and the October 2024 invoice was for $137.38.
The rent summary produced by the landlord includes two payments received from the tenant for water rates. One payment for $24.51 and the other for $75.49. Both payments were received on 1 October 2024.
As the $75.49 payment was made just over one month after the August invoice and is for the same amount, I have reached the conclusion that it is likely that the payment is for that invoice. This conclusion is also reached on the basis that the landlord has not provided any summary for payments for water payments received or any other water invoices.
I will award the landlord $137.38 for the water invoice dated 25 October 2024 as there is no record of any payment by the tenant toward that invoice.

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.
The following damage was caused during the tenancy: wall hole (internal and external), damage in toilet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The Body Corporate had sought for damage caused by the tenant’s dog in a common area. Despite the landlord asking for supporting evidence none was provided. A claim for damage to common areas needs to have some evidence to support it because that damage could have been caused by any other tenants. That part of the landlord’s claim is dismissed.
The landlord’s claim for the damage in the premises is ordered as proved.
Because Goodman Family Nz Limited As Agent For Vanessa Sym & Shaun Robinson has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5085110 — Rent arrears at Unit/Flat 105, 88 Te Oneroa Way, Long Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5085110 — Rent arrears at Unit/Flat 105, 88 Te Oneroa Way, Long Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions