How much money was awarded in case 4630873?

Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Scratched wooden floors in one bedro…: $550.00 awarded to landlord; Replace furnishings: Drapes and curt…: $550.00 awarded to landlord

What type of tenancy dispute was case 4630873?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4630873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10161266-Tribunal_Order.pdf.

How much money was awarded in case 4630873?

Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Scratched wooden floors in one bedro…: $550.00 awarded to landlord; Replace furnishings: Drapes and curt…: $550.00 awarded to landlord

What type of tenancy dispute was case 4630873?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4630873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10161266-Tribunal_Order.pdf.

378 Ararimu Road, Ramarama, RD 3, Drury 2579 Tenancy Tribunal Case 4630873 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4630873?

The tribunal order states: Ravinder Singh and Didar Singh must pay Indra Sirigiri And Manasa Sirigi As

Reasons

Claims and awards in Tenancy Tribunal application 4630873 — net $2,200.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Scratched wooden floors in one bedroom	$550.00	Repairs: Scratched wooden floors in one bedroom
Replace furnishings: Drapes and curtains	$550.00	Replace furnishings: Drapes and curtains
Repairs: Lighting repairs including electrical fittings	$550.00	Repairs: Lighting repairs including electrical fittings
Repairs: Kitchen repairs	$550.00	Repairs: Kitchen repairs
Net award	$2,200.00
Total payable by Tenant to Landlord	$2,200.00

Both parties attended the hearing.

The landlord has applied for compensation 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. 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 landlord seeks uninsured losses of $7,700.00 against the tenant. IAG Insurance has on 24 January 2024 settled a portion of the landlord’s claims in the sum of $25,493.30.

Having viewed the landlord’s and tenant’s photographs, insurance correspondence, loss adjuster’s reports and building quotes, and videos submitted by the tenant, I find the carpets in the kitchen, bedroom carpets, bedroom wooden flooring, lighting, including electrical fittings, and kitchen were damaged during the tenancy. A few curtains were missing and the curtain rails were damaged. The damage is more than fair wear and tear.

The tenant has disproved liability for the claim for carpet replacement due to flooded bedrooms. I do not accept the landlord’s assertions that the tenants’ children had improperly used showers and toilets leading water to flow into bedrooms and carpets being damaged fully. There was nothing by way of evidence to suggest the damage being caused in the manner suggested by the landlord.

The landlord has admitted in their written “list of damages caused by tenant” that rats have bitten water pipes in the kitchen which lead to water leakage into the bedrooms and mid floor particleboard and carpets damaged totally.

The claim in relation to carpet replacements to the bedrooms is unsuccessful.

The tenant has not disproved liability for the following damage: a. Scratched wooden floors in one bedroom ($550 excess claim) b. Lighting repairs including electrical fittings ($550 excess claim) c. Drapes and curtains replacement and repair costs ($550 excess claim) d. Kitchen repairs ($550 excess claim). The tenant has not reported gradual damage to the landlord during the tenancy.

The tenant's liability has been limited to the lesser of the insurance excess.

Only the amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4630873 — net $2,200.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Scratched wooden floors in one bedroom	$550.00	Repairs: Scratched wooden floors in one bedroom
Replace furnishings: Drapes and curtains	$550.00	Replace furnishings: Drapes and curtains
Repairs: Lighting repairs including electrical fittings	$550.00	Repairs: Lighting repairs including electrical fittings
Repairs: Kitchen repairs	$550.00	Repairs: Kitchen repairs
Net award	$2,200.00
Total payable by Tenant to Landlord	$2,200.00

Order

Ravinder Singh and Didar Singh must pay Indra Sirigiri And Manasa Sirigi As Trustees Of The Sirigiri Trust $2,200.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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. 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 landlord seeks uninsured losses of $7,700.00 against the tenant. IAG Insurance has on 24 January 2024 settled a portion of the landlord’s claims in the sum of $25,493.30.
Having viewed the landlord’s and tenant’s photographs, insurance correspondence, loss adjuster’s reports and building quotes, and videos submitted by the tenant, I find the carpets in the kitchen, bedroom carpets, bedroom wooden flooring, lighting, including electrical fittings, and kitchen were damaged during the tenancy. A few curtains were missing and the curtain rails were damaged. The damage is more than fair wear and tear.
The tenant has disproved liability for the claim for carpet replacement due to flooded bedrooms. I do not accept the landlord’s assertions that the tenants’ children had improperly used showers and toilets leading water to flow into bedrooms and carpets being damaged fully. There was nothing by way of evidence to suggest the damage being caused in the manner suggested by the landlord.
The landlord has admitted in their written “list of damages caused by tenant” that rats have bitten water pipes in the kitchen which lead to water leakage into the bedrooms and mid floor particleboard and carpets damaged totally.
The claim in relation to carpet replacements to the bedrooms is unsuccessful.
The tenant has not disproved liability for the following damage: a. Scratched wooden floors in one bedroom ($550 excess claim) b. Lighting repairs including electrical fittings ($550 excess claim) c. Drapes and curtains replacement and repair costs ($550 excess claim) d. Kitchen repairs ($550 excess claim). The tenant has not reported gradual damage to the landlord during the tenancy.
The tenant's liability has been limited to the lesser of the insurance excess.
Only the amounts ordered are proved.

Tenancy Tribunal case 4630873 — Property damage at 378 Ararimu Road, Ramarama, RD 3, Drury 2579

At a glance

Tenancy Tribunal case 4630873 — Property damage at 378 Ararimu Road, Ramarama, RD 3, Drury 2579

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

Property management

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

Property management

Frequently asked questions