What was the outcome of Tenancy Tribunal case 5129414?

The tribunal order states: Ammy Rose Thorn must pay Michelle Jenny Cynthia Gorissen $4,458.94

How much money was awarded in case 5129414?

Rent Arrears: $4,180.00 awarded to landlord; Property Damage: $278.94 awarded to landlord

What type of tenancy dispute was case 5129414?

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

Where can I read the official tribunal order for case 5129414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881077-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5129414?

The tribunal order states: Ammy Rose Thorn must pay Michelle Jenny Cynthia Gorissen $4,458.94

How much money was awarded in case 5129414?

Rent Arrears: $4,180.00 awarded to landlord; Property Damage: $278.94 awarded to landlord

What type of tenancy dispute was case 5129414?

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

Where can I read the official tribunal order for case 5129414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881077-Tenancy_Tribunal_Order.pdf.

768 Paparata Road, Bombay, RD1, Bombay 2675 Tenancy Tribunal Case 5129414 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5129414 — net $4,458.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,180.00	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Window repairs: Ranch slider glass replacement	$278.94	Window repairs: Ranch slider glass replacement
Net award	$4,458.94
Total payable by Tenant to Landlord	$4,458.94

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went unanswered to voicemail. The hearing continued in the tenant’s absence.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord confirmed during the hearing that she is only charging the tenant rent arrears up to 13 January 2025. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.

The claim for rent arrears is proven.

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 landlord claims that the tenant damaged the ranch slider glass which required replacing. The landlord provided exit photographic evidence of the damage along with an invoice from Glassways Limited dated 31 January 2025. I have also sighted the landlord’s entry photographic evidence in support of this claim.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for this damage.

The amount ordered is proved.

The landlord confirmed during the hearing that she does not seek reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5129414 — net $4,458.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,180.00	The claim for rent arrears is proven. Is the tenant responsible for the damage to the premises?
Window repairs: Ranch slider glass replacement	$278.94	Window repairs: Ranch slider glass replacement
Net award	$4,458.94
Total payable by Tenant to Landlord	$4,458.94

Order

Ammy Rose Thorn must pay Michelle Jenny Cynthia Gorissen $4,458.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went unanswered to voicemail. The hearing continued in the tenant’s absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord confirmed during the hearing that she is only charging the tenant rent arrears up to 13 January 2025. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
The claim for rent arrears is proven.

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 landlord claims that the tenant damaged the ranch slider glass which required replacing. The landlord provided exit photographic evidence of the damage along with an invoice from Glassways Limited dated 31 January 2025. I have also sighted the landlord’s entry photographic evidence in support of this claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for this damage.
The amount ordered is proved.
The landlord confirmed during the hearing that she does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5129414 — Rent arrears at 768 Paparata Road, Bombay, RD1, Bombay 2675

At a glance

Tenancy Tribunal case 5129414 — Rent arrears at 768 Paparata Road, Bombay, RD1, Bombay 2675

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

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

Frequently asked questions