What was the outcome of Tenancy Tribunal case 5154231?

The tribunal order states: Boston James Emery to pay Simon Harold Noble $1,490.00 from the bond,

How much money was awarded in case 5154231?

Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,290.00 awarded to landlord

What type of tenancy dispute was case 5154231?

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

Where can I read the official tribunal order for case 5154231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11810682-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5154231?

The tribunal order states: Boston James Emery to pay Simon Harold Noble $1,490.00 from the bond,

How much money was awarded in case 5154231?

Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,290.00 awarded to landlord

What type of tenancy dispute was case 5154231?

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

Where can I read the official tribunal order for case 5154231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11810682-Tenancy_Tribunal_Order.pdf.

95A Tilford Street, Woolston, Christchurch 8062 Tenancy Tribunal Case 5154231 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5154231 — net $1,490.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,290.00	Rent arrears
Window repairs	$200.00	Window repairs
Net award	$1,490.00
Total payable by Tenant to Landlord	$1,490.00

Boston James Emery to pay Simon Harold Noble $1,490.00 from the bond, calculated as shown in table below.

Service of the Notice of Hearing in accordance with the Residential Tenancies Act 1986 (“RTA”) is dispensed with. The existing notice of hearing, which was served on the address for service provided by the tenant, is deemed to be sufficient service (Section 91A and B RTA).

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated time. There was no response to the call.

Section 91A RTA provided, at the date this application was filed, that more stringent service requirements will apply where an application is filed by a landlord more than two months after the termination of a tenancy. The application was filed more than 2 months after the end of the tenancy. The landlord provided an address for service for the tenant, which had been provided by the tenant in the bond transfer form at the commencement of the tenancy. The address was for the tenant’s grandmother.

Where the Tribunal is satisfied that all reasonable efforts have been made to serve the notice on the tenant, the Tribunal may dispense with the requirement for service and deal with the application as if the notice had been served on the tenant in accordance with the RTA. In the circumstances of this case, where the tenant has provided an address for service which is an address for a relation of the tenant, I am satisfied that all reasonable efforts have been made to bring the notice to the attention of the tenant and I dispense with the requirement for further service on the tenant (s.91B (1)(b) and (2)(c) RTA)

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

How much is owed for rent ?

The tenancy ended on 5 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,290.00 .

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.

A window was broken during the tenancy. When the landlord asked the tenant how this had occurred, the tenant said that he had had an argument with a girlfriend. The girlfriend had thrown something at him which caused damage to the window. The tenant is liable for the acts of anyone present at the premises with the consent of the tenant. The landlord provided an invoice for $200.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

Order

Claims and awards in Tenancy Tribunal application 5154231 — net $1,490.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,290.00	Rent arrears
Window repairs	$200.00	Window repairs
Net award	$1,490.00
Total payable by Tenant to Landlord	$1,490.00

Boston James Emery to pay Simon Harold Noble $1,490.00 from the bond, calculated as shown in table below.

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated time. There was no response to the call.

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

How much is owed for rent ?

The tenancy ended on 5 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,290.00 .

Is the tenant responsible for the damage to the premises?

The amounts ordered are proven.

Tenancy Tribunal case 5154231 — Rent arrears at 95A Tilford Street, Woolston, Christchurch 8062

At a glance

Tenancy Tribunal case 5154231 — Rent arrears at 95A Tilford Street, Woolston, Christchurch 8062

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