What was Tenancy Tribunal case 4548069 about?

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

How much money was awarded in case 4548069?

Property Damage: $100.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 4548069?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4548069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9386929-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4548069 about?

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

How much money was awarded in case 4548069?

Property Damage: $100.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 4548069?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4548069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9386929-Tribunal_Order_Redacted.pdf.

20 Melrose Place, Tokoroa 3420 Tenancy Tribunal Case 4548069 — Property damage

Claims and awards in Tenancy Tribunal application 4548069. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage to power point	$100.00	Damage to power point
Locking mechanism repair	$150.00	Locking mechanism repair
Front door lock repair	$180.00	Front door lock repair

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Bond Services to split the bond repayment as follows: DescriptionLandlord Damage to power point$100.00 Locking mechanism repair$150.00 Front door lock repair$180.00 Total award$430.00 Bond to Landlord-$430.00 Balance bond to Tenant$1,250.00

Reasons

The Landlord attended the hearing. The Tenant was telephoned but did not pick up.
The Landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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, 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: Damaged Internal Doors (and kitchen ceiling):
Claims: Four doors with punch holes and hole in ceiling requiring replacement and painting.
Evidence: The invoice for the repairs refers to a laundry door. Other doors were replaced, and various patches were done. The Landlord’s post-tenancy photographs show the damage but there are no photographs of the walls before the tenancy. I am left to rely on the Landlord’s emails to the Tenant, but they do not alone prove the damage occurred.
The Landlord claims there are no records of the damage behind the bedroom door or any previous damage notifications over the 4.5-year inspection period.
The Landlord did not attend the hearing so I could not talk with him about the inspections, making it difficult to make findings.
Claim dismissed. Wallpaper Damage in 3 Bedrooms:
Claims: Damaged wallpaper and holes.
Evidence: a. Landlord's agent stated an issue for discussion at the exit inspection which the Tenant never showed up for. b. Disagreement about the wallpaper's condition at tenancy start. c. Indications that wallpaper was old. d. No damage reported during previous inspections. e. No pre-tenancy photographs.
Claim dismissed. Power Point Damage in Lounge:
Claims: Damage to power point in lounge.
Evidence: The Landlord says: a. The damage was noted during final inspection. b. There is no record of the damage from previous communications. c. Property wouldn't have been rented out with a damaged power point due to health and safety concerns. d. Laser Electrical repaired the kitchen light before tenancy began, but no repair to the lounge power point was mentioned. e. This counters the tenant's claim that the power point was already damaged.
I approve this claim: $100.00 Missing Kitchen Light:
Claims: Installation and replacement by [redacted].
Evidence: 2018 invoice mentions a batten holder, not the light.
I dismiss this claim. Curtain Damage:
Claims: Damaged and unusable curtains, requiring replacement.
Evidence: Landlord claims curtains were new at tenancy start. Found damaged and unusable at tenancy end.
No evidence as to condition of curtains at the start of the tenancy direct from Landlord. No receipts to show purchase of curtains. Missing Kitchen Cupboard Door:
Claims: Replacement and installation cost: $150.
Evidence: Reference to a cabinet indicates presence at tenancy start.
I have no photographs or other evidence to suggest the cabinet was present at the start of the tenancy.
Claim dismissed. Damaged Lounge Range Slider Door:
Claims: Damaged lock and handle. Replacement cost: $150.
Evidence: A tradesperson recalls replacing it, but the evidence is not clear, and neither they nor the Landlord are available at the hearing.
I have no way of knowing whether there were locks at the start of the tenancy, but I accept the property manager’s evidence that the keys were not returned.
I approve this claim. Front Door Lock Damage:
Claims: Repaired once during tenancy, further repairs needed. Cost: $180.00
Evidence: Keys not returned. Damage to cylinder deadbolt and digital lock. Unclear damage cause. Mention of tenant's three-week absence by Landlord.
I approve this claim because there is proof to show the lock was previously repaired. Water Damage in Lounge:
Claims: Damage from roof, requiring repairs. Cost: $300.
Evidence: Damage around the flue deemed not the tenant's responsibility. The Landlord removed the fireplace, which was, on balance, the contributing cause of the moisture ingress problem.
Claim dismissed.

Claims and awards in Tenancy Tribunal application 4548069. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage to power point	$100.00	Damage to power point
Locking mechanism repair	$150.00	Locking mechanism repair
Front door lock repair	$180.00	Front door lock repair

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Bond Services to split the bond repayment as follows: DescriptionLandlord Damage to power point$100.00 Locking mechanism repair$150.00 Front door lock repair$180.00 Total award$430.00 Bond to Landlord-$430.00 Balance bond to Tenant$1,250.00

Reasons

The Landlord attended the hearing. The Tenant was telephoned but did not pick up.
The Landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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, 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: Damaged Internal Doors (and kitchen ceiling):
Claims: Four doors with punch holes and hole in ceiling requiring replacement and painting.
Evidence: The invoice for the repairs refers to a laundry door. Other doors were replaced, and various patches were done. The Landlord’s post-tenancy photographs show the damage but there are no photographs of the walls before the tenancy. I am left to rely on the Landlord’s emails to the Tenant, but they do not alone prove the damage occurred.
The Landlord claims there are no records of the damage behind the bedroom door or any previous damage notifications over the 4.5-year inspection period.
The Landlord did not attend the hearing so I could not talk with him about the inspections, making it difficult to make findings.
Claim dismissed. Wallpaper Damage in 3 Bedrooms:
Claims: Damaged wallpaper and holes.
Evidence: a. Landlord's agent stated an issue for discussion at the exit inspection which the Tenant never showed up for. b. Disagreement about the wallpaper's condition at tenancy start. c. Indications that wallpaper was old. d. No damage reported during previous inspections. e. No pre-tenancy photographs.
Claim dismissed. Power Point Damage in Lounge:
Claims: Damage to power point in lounge.
Evidence: The Landlord says: a. The damage was noted during final inspection. b. There is no record of the damage from previous communications. c. Property wouldn't have been rented out with a damaged power point due to health and safety concerns. d. Laser Electrical repaired the kitchen light before tenancy began, but no repair to the lounge power point was mentioned. e. This counters the tenant's claim that the power point was already damaged.
I approve this claim: $100.00 Missing Kitchen Light:
Claims: Installation and replacement by [redacted].
Evidence: 2018 invoice mentions a batten holder, not the light.
I dismiss this claim. Curtain Damage:
Claims: Damaged and unusable curtains, requiring replacement.
Evidence: Landlord claims curtains were new at tenancy start. Found damaged and unusable at tenancy end.
No evidence as to condition of curtains at the start of the tenancy direct from Landlord. No receipts to show purchase of curtains. Missing Kitchen Cupboard Door:
Claims: Replacement and installation cost: $150.
Evidence: Reference to a cabinet indicates presence at tenancy start.
I have no photographs or other evidence to suggest the cabinet was present at the start of the tenancy.
Claim dismissed. Damaged Lounge Range Slider Door:
Claims: Damaged lock and handle. Replacement cost: $150.
Evidence: A tradesperson recalls replacing it, but the evidence is not clear, and neither they nor the Landlord are available at the hearing.
I have no way of knowing whether there were locks at the start of the tenancy, but I accept the property manager’s evidence that the keys were not returned.
I approve this claim. Front Door Lock Damage:
Claims: Repaired once during tenancy, further repairs needed. Cost: $180.00
Evidence: Keys not returned. Damage to cylinder deadbolt and digital lock. Unclear damage cause. Mention of tenant's three-week absence by Landlord.
I approve this claim because there is proof to show the lock was previously repaired. Water Damage in Lounge:
Claims: Damage from roof, requiring repairs. Cost: $300.
Evidence: Damage around the flue deemed not the tenant's responsibility. The Landlord removed the fireplace, which was, on balance, the contributing cause of the moisture ingress problem.
Claim dismissed.

Tenancy Tribunal case 4548069 — Property damage at 20 Melrose Place, Tokoroa 3420

At a glance

Tenancy Tribunal case 4548069 — Property damage at 20 Melrose Place, Tokoroa 3420

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