What was Tenancy Tribunal case 4676492 about?

The tribunal order states: Karewa Hope Dalley to pay [The landlord/s] $452.00 from the bond, calculated

How much money was awarded in case 4676492?

The reconciled net award was $452.00.

What type of tenancy dispute was case 4676492?

The dispute type was not classified.

Where can I read the official tribunal order for case 4676492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9639472-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4676492 about?

The tribunal order states: Karewa Hope Dalley to pay [The landlord/s] $452.00 from the bond, calculated

How much money was awarded in case 4676492?

The reconciled net award was $452.00.

What type of tenancy dispute was case 4676492?

The dispute type was not classified.

Where can I read the official tribunal order for case 4676492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9639472-Tribunal_Order_Redacted.pdf.

3 Dreadon Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4676492 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4676492 — net $452.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (capped at bond	$452.00	Repairs (capped at bond
Net award	$452.00
Bond	$452.00
Total payable by Tenant to Landlord	$452.00

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes.

This tenancy ended 25 August 2023. I was satisfied, given the circumstances and efforts, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing after the second call went unanswered.

The landlord has applied for compensation via a refund of the bond. No other orders were sought.

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 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.

During the tenancy there were a number of repairs required. One invoice is for replaced three broken windows and repairs to holes. This cost $977.50 and the tenant has not paid anything towards it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There were further invoices but given the cap on compensation has been satisfied by the first invoice these were not reviewed.

The amounts ordered are proved. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Claims and awards in Tenancy Tribunal application 4676492 — net $452.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (capped at bond	$452.00	Repairs (capped at bond
Net award	$452.00
Bond	$452.00
Total payable by Tenant to Landlord	$452.00

Order

Karewa Hope Dalley to pay [The landlord/s] $452.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $452.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes.
This tenancy ended 25 August 2023. I was satisfied, given the circumstances and efforts, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing after the second call went unanswered.
The landlord has applied for compensation via a refund of the bond. No other orders were sought.

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 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.
During the tenancy there were a number of repairs required. One invoice is for replaced three broken windows and repairs to holes. This cost $977.50 and the tenant has not paid anything towards it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There were further invoices but given the cap on compensation has been satisfied by the first invoice these were not reviewed.
The amounts ordered are proved. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Tenancy Tribunal case 4676492 — Tenancy dispute at 3 Dreadon Road, Manurewa, Auckland 2102

At a glance

Award balance

Tenancy Tribunal case 4676492 — Tenancy dispute at 3 Dreadon Road, Manurewa, Auckland 2102

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

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions