What was the outcome of Tenancy Tribunal case 5232491?

The tribunal order states: The Bond Centre is to pay the bond of $793.73 (3446889-005) to Mills Gibbon

How much money was awarded in case 5232491?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $628.57 awarded to landlord; Wall: $138.16 awarded to landlord

What type of tenancy dispute was case 5232491?

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

Where can I read the official tribunal order for case 5232491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11987804-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5232491?

The tribunal order states: The Bond Centre is to pay the bond of $793.73 (3446889-005) to Mills Gibbon

How much money was awarded in case 5232491?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $628.57 awarded to landlord; Wall: $138.16 awarded to landlord

What type of tenancy dispute was case 5232491?

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

Where can I read the official tribunal order for case 5232491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11987804-Tenancy_Tribunal_Order.pdf.

188 Tasman Street, Opunake, Opunake 4616 Tenancy Tribunal Case 5232491 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5232491 — net $793.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2025	$628.57	Rent arrears to 14 March 2025
Repairs: Wall	$138.16	Repairs: Wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$793.73
Total payable by Tenant to Landlord	$793.73

The Bond Centre is to pay the bond of $793.73 (3446889-005) to Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe immediately. The Bond Centre is to pay the remainder of the bond of $966.27 (3446889-005) to Joshua Blake Hastings immediately.

Joshua Blake Hastings to pay Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe $793.73 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing. Pauline Skinner appeared on the tenant’s behalf as he was unable to appear today.

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

How much is owed for rent?

The tenancy ended on 14 March 2025. The landlord provided rent records which prove the amount owing at 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 tenant damaged the wall caused during the tenancy and the hole needed to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

Because Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5232491 — net $793.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2025	$628.57	Rent arrears to 14 March 2025
Repairs: Wall	$138.16	Repairs: Wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$793.73
Total payable by Tenant to Landlord	$793.73

Order

The Bond Centre is to pay the bond of $793.73 (3446889-005) to Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe immediately. The Bond Centre is to pay the remainder of the bond of $966.27 (3446889-005) to Joshua Blake Hastings immediately.
Joshua Blake Hastings to pay Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe $793.73 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing. Pauline Skinner appeared on the tenant’s behalf as he was unable to appear today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 March 2025. The landlord provided rent records which prove the amount owing at 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 tenant damaged the wall caused during the tenancy and the hole needed to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because Mills Gibbon & Co Ltd T/A First National Collective As Agent For Beverley Rothe has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5232491 — Rent arrears at 188 Tasman Street, Opunake, Opunake 4616

At a glance

Tenancy Tribunal case 5232491 — Rent arrears at 188 Tasman Street, Opunake, Opunake 4616

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

Property management

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

Property management

Frequently asked questions