What was the outcome of Tenancy Tribunal case 5169911?

The tribunal order states: The tenancy of Dion Ross at Unit/Flat Flat 1, 633 Cashel Street, Linwood,

How much money was awarded in case 5169911?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,388.57 awarded to landlord; Windows - 1st Event: $585.93 awarded to landlord; Windows - 2nd Event: $1,453.03 awarded to landlord

What type of tenancy dispute was case 5169911?

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

Where can I read the official tribunal order for case 5169911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11661246-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5169911?

The tribunal order states: The tenancy of Dion Ross at Unit/Flat Flat 1, 633 Cashel Street, Linwood,

How much money was awarded in case 5169911?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,388.57 awarded to landlord; Windows - 1st Event: $585.93 awarded to landlord; Windows - 2nd Event: $1,453.03 awarded to landlord

What type of tenancy dispute was case 5169911?

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

Where can I read the official tribunal order for case 5169911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11661246-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 633 Cashel Street, Linwood, Christchurch Tenancy Tribunal Case 5169911 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5169911 — net $3,974.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2025	$3,388.57	Rent arrears to 2 April 2025
Repairs: Windows - 1st event	$585.93	Repairs: Windows - 1st event
Repairs: Windows - 2nd event	$1,453.03	Repairs: Windows - 2nd event
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,974.53
Total payable by Tenant to Landlord	$3,974.53

The tenancy of Dion Ross at Unit/Flat Flat 1, 633 Cashel Street, Linwood, Christchurch 8011 is terminated, and possession is granted to The Property Boss Limited As Agents For Antje Vinke & Heiko Lange, at 11.59 pm, Wednesday, 2 April 2025.

The Bond Centre is to pay the bond of $1,480.00 (5645308-007) to The Property Boss Limited As Agents For Antje Vinke & Heiko Lange immediately.

Dion Ross must pay The Property Boss Limited As Agents For Antje Vinke & Heiko Lange $3,974.53 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 2 April 2025$3,388.57 Repairs: Windows - 1st event$585.93 Repairs: Windows - 2nd event$1,453.03 Filing fee reimbursement$27.00 Total award$5,454.53 Bond$1,480.00 Total payable by Tenant to Landlord$3,974.53

Reasons

Mr Vickery is the property manager from the landlord’s agent. Mr Vickery appeared via teleconference.

I called the tenant, Mr Ross, twice without success: a. The first call was at 9.32 am. The call went straight to voicemail. I left a voicemail message. I introduced myself, the purpose of me calling him and the time I would call him again at 9.40 am. b. The second call was at 9.42 am. The call went straight to voicemail. I left a voicemail message. I said I would proceed in his absence.

The hearing then proceeded in Mr Ross’ absence. Termination

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

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 which prove the amount owing at the end of the tenancy. Compensation for broken windows

The landlord has applied for compensation for damages to the windows during the tenancy.

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 to the windows was caused during the tenancy:

First Incident (November 2024) a. A domestic dispute occurred between the tenant (Mr. Ross) and his female flatmate/partner. b. Mr. Ross's neighbour reported the incident to Mr. Vickery. c. Mr. Vickery arranged for repairs. Although Mr. Vickery did not have photos to document the damage, he submitted an invoice for the window repairs. d. This repair aligns with the work needed for the second incident (December 2024). On the balance of probabilities, I am satisfied that Mr Ross or his female flatmate/partner intentionally damaged the windows. e. The invoice amount for this incident is $585.93.

Second Incident (December 2024) a. Another domestic dispute (same flatmate/partner). b. Mr. Vickery discovered the damage during a routine inspection on 16 December 2024. c. He arranged for the repair job as soon as possible. Additionally, Mr. Vickery provided an inspection report dated 16 December 2024, which contains photos showing the damage to the windows. On the balance of probabilities, I am satisfied that Mr Ross or his female flatmate/partner intentionally damaged the windows d. The invoice for the repair totals $1,453.03.

During the hearing, Mr Vickery also told me there was a third incident (damaging windows). However, the tenant paid for the repairs privately without engaging the landlord.

The amounts ordered are proved. Filing fee

Because The Property Boss Limited As Agents For Antje Vinke & Heiko Lange has wholly succeeded with the application I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5169911 — net $3,974.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2025	$3,388.57	Rent arrears to 2 April 2025
Repairs: Windows - 1st event	$585.93	Repairs: Windows - 1st event
Repairs: Windows - 2nd event	$1,453.03	Repairs: Windows - 2nd event
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,974.53
Total payable by Tenant to Landlord	$3,974.53

The Bond Centre is to pay the bond of $1,480.00 (5645308-007) to The Property Boss Limited As Agents For Antje Vinke & Heiko Lange immediately.

Reasons

Mr Vickery is the property manager from the landlord’s agent. Mr Vickery appeared via teleconference.

The hearing then proceeded in Mr Ross’ absence. Termination

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

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 which prove the amount owing at the end of the tenancy. Compensation for broken windows

The landlord has applied for compensation for damages to the windows during the tenancy.

Is the tenant responsible for the damage to the premises?

The following damage to the windows was caused during the tenancy:

During the hearing, Mr Vickery also told me there was a third incident (damaging windows). However, the tenant paid for the repairs privately without engaging the landlord.

The amounts ordered are proved. Filing fee

Because The Property Boss Limited As Agents For Antje Vinke & Heiko Lange has wholly succeeded with the application I must reimburse the filing fee.

Tenancy Tribunal case 5169911 — Rent arrears at Unit/Flat Flat 1, 633 Cashel Street, Linwood, Christchurch

At a glance

Tenancy Tribunal case 5169911 — Rent arrears at Unit/Flat Flat 1, 633 Cashel Street, Linwood, Christchurch

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

Property management

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

Property management

Frequently asked questions