What was Tenancy Tribunal case 4594210 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord names and identifying

How much money was awarded in case 4594210?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $750.00 awarded to landlord

What type of tenancy dispute was case 4594210?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4594210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395125-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4594210 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord names and identifying

How much money was awarded in case 4594210?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $750.00 awarded to landlord

What type of tenancy dispute was case 4594210?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4594210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395125-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4594210 — Property damage

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New Zealand Tenancy Tribunal Case 4594210 — Property damage | 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 4594210 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vinyl flooring	$750.00	Vinyl flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

Claims and awards for application 4594210 — net $770.44 NZD. Verify on MoJ.

Vinyl flooring

Amount: $750.00
Awarded to: Landlord
Reason: Vinyl flooring

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $770.44

Total payable by Tenant to Landlord

Landlord $770.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

By consent, suppression of the Tenant and Landlord names and identifying details.
[The tenant/s] to pay [The landlord/s] $770.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for damage to the kitchen lino 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 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: burn hole in kitchen lino. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was caused carelessly.
The amount ordered is proved and I have taken into account betterment and depreciation.
Because [The applicant/s] has succeeded with the claim, the tenant must reimburse the filing fee.

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 4594210 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vinyl flooring	$750.00	Vinyl flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

Claims and awards for application 4594210 — net $770.44 NZD. Verify on MoJ.

Vinyl flooring

Amount: $750.00
Awarded to: Landlord
Reason: Vinyl flooring

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $770.44

Total payable by Tenant to Landlord

Landlord $770.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

By consent, suppression of the Tenant and Landlord names and identifying details.
[The tenant/s] to pay [The landlord/s] $770.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for damage to the kitchen lino 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 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: burn hole in kitchen lino. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was caused carelessly.
The amount ordered is proved and I have taken into account betterment and depreciation.
Because [The applicant/s] has succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4594210 — Property damage

At a glance

Tenancy Tribunal case 4594210 — Property damage

At a glance

Award balance

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

Award balance

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