What was Tenancy Tribunal case 4516509 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $610.32 immediately, calculated as

How much money was awarded in case 4516509?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,960.75 awarded to landlord

What type of tenancy dispute was case 4516509?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4516509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664518-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4516509 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $610.32 immediately, calculated as

How much money was awarded in case 4516509?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,960.75 awarded to landlord

What type of tenancy dispute was case 4516509?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4516509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664518-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4516509 — Property damage

Claims and awards in Tenancy Tribunal application 4516509 — net $610.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls	$1,960.75	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$610.32
Total payable by Tenant to Landlord	$610.32

Order

[The tenant/s] must pay [The landlord/s] $610.32 immediately, calculated as shown in the table below.
The Bond Centre is to pay the balance of the bond of $1,370.87 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. [The landlord’s representative] represented the landlord. The tenant left the call before the hearing had concluded.
This is the second hearing. Following the first hearing, the landlord was awarded $909.13 for water rates, cleaning and carpet cleaning costs. This was paid from the bond of $1,370.87. The balance of the bond of $1,370.87 remained at the Bond Centre. The hearing was adjourned part-heard to give the tenant the opportunity to view the evidence submitted by the landlord and provide her comments in response, with reference to the claim for compensation for damage to the walls.
At the second hearing, the tenant maintained her earlier submission that she ought to pay 50% for the wall repairs, and did not wish to be paying for renovation work. The landlord considered that the tenant ought to be liable for 60% of the repair costs. The landlord confirmed receipt of $909.13 from the Bond Centre. General principles regarding responsibility for damage
The landlord claims compensation for damage to the walls. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and has advised that the insurance excess is $1,000.00. The rent for this premises is $590.00 per week.
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) of the 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. Wall damage
As noted in the earlier order, the invoice for repairs to the walls and painting costs is $3,565.00. The landlord accepts that the walls were not pristine, and there was some damage prior to the tenant moving in. This is noted in the inspection report completed on 21 September 2020 by the previous landlord, [Redacted].
The landlord does not seek the full amount of the invoice, noting that some of the work may have resulted in enhancement of the premises. Taking into account fair wear and tear, and noting the condition of the premises at the start of the tenancy, the landlord suggests the tenant pay 60% of the total invoice, being, $2,139.00. In terms of insurance, the excess is $1,000.00, with each area of damage likely to be treated as a separate event.
The tenant accepts liability for some of the damage to the walls and considers her liability ought to be 50% of the total invoice.
In this case, I am satisfied that part of the damage to the walls was caused during the tenancy. The landlord has produced photographic, documentary, and oral evidence in support. The tenant has accepted responsibility for some of this damage. The parties agree that a portion of the damage was due to fair wear and tear, in other words, damage due to ordinary use. The tenant will not be liable for this damage. There is also acceptance of the pre-existing damage to the walls, for which the tenant will also not be liable.
Taking all these factors into account, and noting the evidence and submissions of both parties, I consider it reasonable for the tenant to pay 55% of the total cost of the wall repairs. This means that the tenant is to pay the landlord $1,960.75 for the wall damage.
In making the above award, 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. Filing fee
Because [The landlord] has been substantially successful, the tenant is to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4516509 — net $610.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls	$1,960.75	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$610.32
Total payable by Tenant to Landlord	$610.32

Order

[The tenant/s] must pay [The landlord/s] $610.32 immediately, calculated as shown in the table below.
The Bond Centre is to pay the balance of the bond of $1,370.87 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. [The landlord’s representative] represented the landlord. The tenant left the call before the hearing had concluded.
This is the second hearing. Following the first hearing, the landlord was awarded $909.13 for water rates, cleaning and carpet cleaning costs. This was paid from the bond of $1,370.87. The balance of the bond of $1,370.87 remained at the Bond Centre. The hearing was adjourned part-heard to give the tenant the opportunity to view the evidence submitted by the landlord and provide her comments in response, with reference to the claim for compensation for damage to the walls.
At the second hearing, the tenant maintained her earlier submission that she ought to pay 50% for the wall repairs, and did not wish to be paying for renovation work. The landlord considered that the tenant ought to be liable for 60% of the repair costs. The landlord confirmed receipt of $909.13 from the Bond Centre. General principles regarding responsibility for damage
The landlord claims compensation for damage to the walls. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and has advised that the insurance excess is $1,000.00. The rent for this premises is $590.00 per week.
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) of the 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. Wall damage
As noted in the earlier order, the invoice for repairs to the walls and painting costs is $3,565.00. The landlord accepts that the walls were not pristine, and there was some damage prior to the tenant moving in. This is noted in the inspection report completed on 21 September 2020 by the previous landlord, [Redacted].
The landlord does not seek the full amount of the invoice, noting that some of the work may have resulted in enhancement of the premises. Taking into account fair wear and tear, and noting the condition of the premises at the start of the tenancy, the landlord suggests the tenant pay 60% of the total invoice, being, $2,139.00. In terms of insurance, the excess is $1,000.00, with each area of damage likely to be treated as a separate event.
The tenant accepts liability for some of the damage to the walls and considers her liability ought to be 50% of the total invoice.
In this case, I am satisfied that part of the damage to the walls was caused during the tenancy. The landlord has produced photographic, documentary, and oral evidence in support. The tenant has accepted responsibility for some of this damage. The parties agree that a portion of the damage was due to fair wear and tear, in other words, damage due to ordinary use. The tenant will not be liable for this damage. There is also acceptance of the pre-existing damage to the walls, for which the tenant will also not be liable.
Taking all these factors into account, and noting the evidence and submissions of both parties, I consider it reasonable for the tenant to pay 55% of the total cost of the wall repairs. This means that the tenant is to pay the landlord $1,960.75 for the wall damage.
In making the above award, 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. Filing fee
Because [The landlord] has been substantially successful, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4516509 — Property damage

At a glance

Tenancy Tribunal case 4516509 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions