What was the outcome of Tenancy Tribunal case 5239059?

The tribunal order states: Toby James Hamilton Shaskey must pay Impression Real Estate Limited - As

How much money was awarded in case 5239059?

Filing Fee: $27.00 awarded to landlord; Fire Alarm Related Costs: $1,161.50 awarded to landlord; Rent Arrears: $1,160.71 awarded to landlord

What type of tenancy dispute was case 5239059?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5239059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155767-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5239059?

The tribunal order states: Toby James Hamilton Shaskey must pay Impression Real Estate Limited - As

How much money was awarded in case 5239059?

Filing Fee: $27.00 awarded to landlord; Fire Alarm Related Costs: $1,161.50 awarded to landlord; Rent Arrears: $1,160.71 awarded to landlord

What type of tenancy dispute was case 5239059?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5239059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155767-Tenancy_Tribunal_Order.pdf.

Room Suite 12I, 147 Hobson Street, Auckland Central, Tenancy Tribunal Case 5239059 — Rent arrears

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Room Suite 12I, 147 Hobson Street, Auckland Central, Tenancy Tribunal Case 5239059 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5239059 — net $549.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/03/2024	$1,160.71	Rent arrears to 17/03/2024
Fire alarm related costs	$1,161.50	Fire alarm related costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$549.21
Total payable by Tenant to Landlord	$549.21

Claims and awards for application 5239059 — net $549.21 NZD. Verify on MoJ.

Rent arrears to 17/03/2024

Amount: $1,160.71
Awarded to: Landlord
Reason: Rent arrears to 17/03/2024

Fire alarm related costs

Amount: $1,161.50
Awarded to: Landlord
Reason: Fire alarm related costs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $549.21

Total payable by Tenant to Landlord

Landlord $549.21

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Toby James Hamilton Shaskey must pay Impression Real Estate Limited - As Agent For Karen Sue $549.21 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,800.00 (5350254-013) to Impression Real Estate Limited - As Agent For Karen Sue immediately.

Reasons

Both parties attended the hearing which was held by videoconference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent Arrears
The landlord has provided a rent summary in support of their claim, which shows that as at the end of the tenancy, $1,160.71 was outstanding. The tenant accepts that rent was not fully paid, explaining that the tenancy began as a joint tenancy, and when the other tenant left, he struggled to afford the rent on his own. He relied on flatmates to help meet the rent, but they were inconsistent, and he ultimately vacated because he felt unsafe.
While the tenant raised concerns about the property, he has not filed a cross- application. As explained at the hearing, the Tribunal cannot consider his claims without a formal application. However, it is open to him to file his own application for compensation with Tenancy Services, which will be dealt with separately. If successful, he could seek to offset any award against the arrears.
Under section 40(1)(a) of the Residential Tenancies Act 1986 (RTA), a tenant must pay rent as it becomes due. There is no defence based on inability to pay. The tenant remains liable for all rent owing until the end of the tenancy. Accordingly, I find the tenant owes the landlord $1,160.71 in rent arrears. Claim for Compensation – Fire Alarm Fees
The landlord also claims $1,161.50 for costs invoiced by the body corporate for fire alarm callouts. Evidence was provided in the form of two invoices, which relate to charges arising after the building’s fire alarm system was activated. The landlord explained that their fire alarm system provider, Chupp, attended and identified that the hardwired smoke alarm in the unit had been tampered with.
The tenant said he was not present when the incidents occurred but believed one of his flatmates had been cooking when the alarm went off and had removed the alarm to stop the beeping. The tenant did not provide evidence to dispute the landlord’s invoices or explanation.
Under section 40(2)(a) RTA, a tenant must not intentionally or carelessly damage, or permit any other person to damage, the premises. Further, under section 41, a tenant is responsible for any breach by a person who enters the premises with their consent. The evidence indicates that someone living in the premises interfered with the smoke alarm system, triggering the body corporate charges. This constitutes careless damage to fixtures, and the tenant, as the named party on the tenancy agreement, is responsible for the cost.
The invoices provided total $1,161.50, and I am satisfied these costs were properly incurred by the landlord. Accordingly, the tenant is liable for this amount. Filing Fee
As the landlord has been wholly successful in their application, I must order the tenant to reimburse the filing fee of $20.44 under section 102(4) RTA.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5239059 — net $549.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/03/2024	$1,160.71	Rent arrears to 17/03/2024
Fire alarm related costs	$1,161.50	Fire alarm related costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$549.21
Total payable by Tenant to Landlord	$549.21

Claims and awards for application 5239059 — net $549.21 NZD. Verify on MoJ.

Rent arrears to 17/03/2024

Amount: $1,160.71
Awarded to: Landlord
Reason: Rent arrears to 17/03/2024

Fire alarm related costs

Amount: $1,161.50
Awarded to: Landlord
Reason: Fire alarm related costs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $549.21

Total payable by Tenant to Landlord

Landlord $549.21

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Toby James Hamilton Shaskey must pay Impression Real Estate Limited - As Agent For Karen Sue $549.21 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,800.00 (5350254-013) to Impression Real Estate Limited - As Agent For Karen Sue immediately.

Reasons

Both parties attended the hearing which was held by videoconference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent Arrears
The landlord has provided a rent summary in support of their claim, which shows that as at the end of the tenancy, $1,160.71 was outstanding. The tenant accepts that rent was not fully paid, explaining that the tenancy began as a joint tenancy, and when the other tenant left, he struggled to afford the rent on his own. He relied on flatmates to help meet the rent, but they were inconsistent, and he ultimately vacated because he felt unsafe.
While the tenant raised concerns about the property, he has not filed a cross- application. As explained at the hearing, the Tribunal cannot consider his claims without a formal application. However, it is open to him to file his own application for compensation with Tenancy Services, which will be dealt with separately. If successful, he could seek to offset any award against the arrears.
Under section 40(1)(a) of the Residential Tenancies Act 1986 (RTA), a tenant must pay rent as it becomes due. There is no defence based on inability to pay. The tenant remains liable for all rent owing until the end of the tenancy. Accordingly, I find the tenant owes the landlord $1,160.71 in rent arrears. Claim for Compensation – Fire Alarm Fees
The landlord also claims $1,161.50 for costs invoiced by the body corporate for fire alarm callouts. Evidence was provided in the form of two invoices, which relate to charges arising after the building’s fire alarm system was activated. The landlord explained that their fire alarm system provider, Chupp, attended and identified that the hardwired smoke alarm in the unit had been tampered with.
The tenant said he was not present when the incidents occurred but believed one of his flatmates had been cooking when the alarm went off and had removed the alarm to stop the beeping. The tenant did not provide evidence to dispute the landlord’s invoices or explanation.
Under section 40(2)(a) RTA, a tenant must not intentionally or carelessly damage, or permit any other person to damage, the premises. Further, under section 41, a tenant is responsible for any breach by a person who enters the premises with their consent. The evidence indicates that someone living in the premises interfered with the smoke alarm system, triggering the body corporate charges. This constitutes careless damage to fixtures, and the tenant, as the named party on the tenancy agreement, is responsible for the cost.
The invoices provided total $1,161.50, and I am satisfied these costs were properly incurred by the landlord. Accordingly, the tenant is liable for this amount. Filing Fee
As the landlord has been wholly successful in their application, I must order the tenant to reimburse the filing fee of $20.44 under section 102(4) RTA.

Tenancy Tribunal case 5239059 — Rent arrears at Room Suite 12I, 147 Hobson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5239059 — Rent arrears at Room Suite 12I, 147 Hobson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions