Published tribunal order
Tenancy Tribunal case 5188451 — Rent arrears at 16 Forbes Street, Balaclava, Dunedin 9011
Decided 16 Jun 2025 · Published 16 Jun 2025 · Application 5188451
Landlord favoured
- Rent arrears
Order
- Melissa Hancock must pay The Rent Shop Limited $729.10 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing which ws held by videoconference. The tenant did not attend and was unable to be contacted by phone on the number specified in the Notice of Hearing.
- 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 parties participated in mediation (application number 5103889). The Mediator’s Order dated 24 January 2025 noted their agreement that the tenancy would end on 14 February 2025 and that $1,974.85 would be owed at that date being rent arrears - $1,947.85 plus filing fee - $27.00.
- The landlord has provided rent records which prove that no payments were made by the tenant after the date of the Mediator’s Order. The bond has been released to the landlord.
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.
- The landlord’s evidence proves that during the tenancy damage was caused to a wall in the premises which required plastering and painting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved by the invoice provided.
- Because The Rent Shop Limited has succeeded with the claim I must reimburse the filing fee.