How much money was awarded in case 4546349?

Cleaning: $20.44 awarded to landlord; Door Stopper: $120.00 awarded to landlord; Garage Door Insulation: $560.00 awarded to landlord; Shower Waster Cover: $180.00 awarded to landlord; Property Damage: $1,180.00 awarded to landlord

What type of tenancy dispute was case 4546349?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4546349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9472135-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4546349?

Cleaning: $20.44 awarded to landlord; Door Stopper: $120.00 awarded to landlord; Garage Door Insulation: $560.00 awarded to landlord; Shower Waster Cover: $180.00 awarded to landlord; Property Damage: $1,180.00 awarded to landlord

What type of tenancy dispute was case 4546349?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4546349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9472135-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4546349 — Property damage

Q: What was Tenancy Tribunal case 4546349 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

This is an amended order which removes the award of rent arrears to the Landlord which was ordered in a previous Order of the Tribunal ([redacted])

Claims and awards in Tenancy Tribunal application 4546349 — net $2,060.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Shower waster cover	$180.00	Repairs: Shower waster cover
Repairs: Door stopper	$120.00	Repairs: Door stopper
Repairs: Wall damage stairwell	$1,180.00	Repairs: Wall damage stairwell
Repairs: Garage door insulation	$560.00	Repairs: Garage door insulation
Carpet Cleaning	$20.44	Carpet Cleaning
Net award	$2,060.44
Total payable by Tenant to Landlord	$2,060.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.

Tony Alali must pay [The landlord/s] $2,060.44 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by teleconference. The Tenant was called by the Tribunal three times but the calls went straight to voicemail. It is noted that the Tenant requested a teleconference as they were overseas on the day of the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Initially the Landlord applied for refund of the bond however this was withdrawn at the hearing.

How much is owed in rent?

The tenancy ended on 4 March 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. This was awarded in a previous Order of the Tribunal which was to be paid out of the bond.

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.

5. 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: The shower water drainage cover was missing. The front door stopper was removed from the tile and needed installation. There was damage to the wall that comprised a variety of marks and deep gouges. These appeared to be caused from furniture. The tenant had a cat which the Landlord speculated could have rubbed up or scratched the insulation in the garage door.

The ingoing and outgoing inspection reports were provided and an invoice for the repairs. These show the damage were caused during the tenancy. The damages were discovered at the end of the tenancy and the Tenant did not provide an explanation as to how these damages were incurred. 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 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.

As [the landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Order

This is an amended order which removes the award of rent arrears to the Landlord which was ordered in a previous Order of the Tribunal ([redacted])

Claims and awards in Tenancy Tribunal application 4546349 — net $2,060.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Shower waster cover	$180.00	Repairs: Shower waster cover
Repairs: Door stopper	$120.00	Repairs: Door stopper
Repairs: Wall damage stairwell	$1,180.00	Repairs: Wall damage stairwell
Repairs: Garage door insulation	$560.00	Repairs: Garage door insulation
Carpet Cleaning	$20.44	Carpet Cleaning
Net award	$2,060.44
Total payable by Tenant to Landlord	$2,060.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.

Tony Alali must pay [The landlord/s] $2,060.44 immediately, calculated as shown in table below.

Reasons

How much is owed in rent?

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As [the landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4546349 — Property damage

At a glance

Tenancy Tribunal case 4546349 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed in rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions