What was Tenancy Tribunal case 4427700 about?

The tribunal order states: The names and identifying details of the Landlord and Tenant are suppressed.

How much money was awarded in case 4427700?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4427700?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4427700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9256111-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4427700 about?

The tribunal order states: The names and identifying details of the Landlord and Tenant are suppressed.

How much money was awarded in case 4427700?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4427700?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4427700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9256111-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4427700 — Property damage

Reasons

Both parties attended the hearing.

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.

A Lockwood wall in the lounge was badly scratched and marked by pen at the end of the tenancy. The Landlord has provided me with photographs of the wall before, during and after the tenancy. I can see the damage has occurred during the tenancy and is more than fair wear and tear. There is similar markings in other areas of the home suggesting the children may not have been monitored closely in these areas.

The Landlord has provided a quote to restore three walls, but this claim relates to one wall only. The Tribunal awards actual costs. The Landlord has presented a quote, not a paid invoice. The Landlord is not currently out of pocket.

I assess there is damage to the wall, and accounting for the cost of repair but also the age of the Lockwood home, I award $150.00 for repair of the damaged lounge wall.

I grant name suppression to the parties because they have worked collaboratively together and have come to the hearing on the basis of an agreement to seek the Tribunal’s assistance regarding the amount the tenant should pay for the wall repairs.

Order

The names and identifying details of the Landlord and Tenant are suppressed.
[The tenant/s] are to pay [The landlord/s] $150.00 immediately.

Reasons

Both parties attended the hearing.

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.
A Lockwood wall in the lounge was badly scratched and marked by pen at the end of the tenancy. The Landlord has provided me with photographs of the wall before, during and after the tenancy. I can see the damage has occurred during the tenancy and is more than fair wear and tear. There is similar markings in other areas of the home suggesting the children may not have been monitored closely in these areas.
The Landlord has provided a quote to restore three walls, but this claim relates to one wall only. The Tribunal awards actual costs. The Landlord has presented a quote, not a paid invoice. The Landlord is not currently out of pocket.
I assess there is damage to the wall, and accounting for the cost of repair but also the age of the Lockwood home, I award $150.00 for repair of the damaged lounge wall.
I grant name suppression to the parties because they have worked collaboratively together and have come to the hearing on the basis of an agreement to seek the Tribunal’s assistance regarding the amount the tenant should pay for the wall repairs.

Tenancy Tribunal case 4427700 — Property damage

At a glance

Tenancy Tribunal case 4427700 — Property damage

At a glance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions