What was the outcome of Tenancy Tribunal case 5192051?

The tribunal order states: Chelsea Hook is to pay Peter McLeod and Denise McLeod $4,577.00

How much money was awarded in case 5192051?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $5,150.00 awarded to landlord

What type of tenancy dispute was case 5192051?

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

Where can I read the official tribunal order for case 5192051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11721545-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5192051?

The tribunal order states: Chelsea Hook is to pay Peter McLeod and Denise McLeod $4,577.00

How much money was awarded in case 5192051?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $5,150.00 awarded to landlord

What type of tenancy dispute was case 5192051?

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

Where can I read the official tribunal order for case 5192051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11721545-Tenancy_Tribunal_Order.pdf.

74 Redwood Street, Redwoodtown, Blenheim 7201 Tenancy Tribunal Case 5192051 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5192051. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (and rent in lieu of notice	$5,150.00	Rent arrears (and rent in lieu of notice
Repair ceiling holes	$200.00	Repair ceiling holes
Repair door hole	$200.00	Repair door hole
Application filing fee	$27.00	Application filing fee

Chelsea Hook is to pay Peter McLeod and Denise McLeod $4,577.00 immediately, calculated as follows: DescriptionLandlord Rent arrears (and rent in lieu of notice)$5,150.00 Repair ceiling holes$200.00 Repair door hole$200.00 Application filing fee$27.00 Total award $5,577.00 Minus Bond- $1,000.00 Tenant to pay$4,577.00

Bond Centre is to pay the full bond to Peter McLeod and Denise McLeod immediately.

Reasons

The Landlord party attended the hearing.

The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 28 March 2025 the Landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The neighbour of the Tenant was in contact with the Landlord and told them the Tenant had left. I have no direct evidence from the neighbour, but I am satisfied that this is the date when the Tenant did leave the premises. The rent was in arrears and the Tenant has not returned to the premises.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The Landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $5,150.00

The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of 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 was caused during the tenancy: a. Broken window ($196.65) b. Ceiling holes ($200.00) c. Bedroom door hole ($200.00)

The damage occurred during the tenancy, the Landlord say, is more than fair wear and tear, and the Tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Peter McLeod, Denise McLeod has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5192051. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (and rent in lieu of notice	$5,150.00	Rent arrears (and rent in lieu of notice
Repair ceiling holes	$200.00	Repair ceiling holes
Repair door hole	$200.00	Repair door hole
Application filing fee	$27.00	Application filing fee

Order

Chelsea Hook is to pay Peter McLeod and Denise McLeod $4,577.00 immediately, calculated as follows: DescriptionLandlord Rent arrears (and rent in lieu of notice)$5,150.00 Repair ceiling holes$200.00 Repair door hole$200.00 Application filing fee$27.00 Total award $5,577.00 Minus Bond- $1,000.00 Tenant to pay$4,577.00
Bond Centre is to pay the full bond to Peter McLeod and Denise McLeod immediately.

Reasons

The Landlord party attended the hearing.
The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 March 2025 the Landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The neighbour of the Tenant was in contact with the Landlord and told them the Tenant had left. I have no direct evidence from the neighbour, but I am satisfied that this is the date when the Tenant did leave the premises. The rent was in arrears and the Tenant has not returned to the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The Landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $5,150.00
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of 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 was caused during the tenancy: a. Broken window ($196.65) b. Ceiling holes ($200.00) c. Bedroom door hole ($200.00)
The damage occurred during the tenancy, the Landlord say, is more than fair wear and tear, and the Tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Peter McLeod, Denise McLeod has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5192051 — Rent arrears at 74 Redwood Street, Redwoodtown, Blenheim 7201

At a glance

Tenancy Tribunal case 5192051 — Rent arrears at 74 Redwood Street, Redwoodtown, Blenheim 7201

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions