What was Tenancy Tribunal case 4694412 about?

The tribunal order states: Rosemary Amyleigh Angell and Jearrad Kauri Ryab to pay [The landlord/s]

How much money was awarded in case 4694412?

Property Damage: $412.00 awarded to landlord

What type of tenancy dispute was case 4694412?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4694412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10077628-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4694412 about?

The tribunal order states: Rosemary Amyleigh Angell and Jearrad Kauri Ryab to pay [The landlord/s]

How much money was awarded in case 4694412?

Property Damage: $412.00 awarded to landlord

What type of tenancy dispute was case 4694412?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4694412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10077628-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4694412 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4694412 — net $412.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$412.00	Window repairs
Net award	$412.00
Bond	$412.00
Total payable by Tenant to Landlord	$412.00

The landlord attended the hearing, conducted via teleconference. The tenants could not be contacted at the time of hearing.

This tenancy ended on 5 January 2022. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, 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.

The landlord has applied for compensation and refund of the bond. The total repair costs was $948.75 however the landlord is only seeking refund of the bond of $412.00.

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.

During the tenancy an extra-large window was broken. While there was no photographic evidence of the broken window the oral evidence of the landlord confirmed that it had been broken and this was a regular occurrence with these tenants. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage, however in the absence of photographic evidence I find the damage was more likely than not caused carelessly. The sum of $412.00 is awarded to the landlord as contribution ot the costs of repair.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4694412 — net $412.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$412.00	Window repairs
Net award	$412.00
Bond	$412.00
Total payable by Tenant to Landlord	$412.00

Order

Rosemary Amyleigh Angell and Jearrad Kauri Ryab to pay [The landlord/s] $412.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $412.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The tenants could not be contacted at the time of hearing.
This tenancy ended on 5 January 2022. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, 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.
The landlord has applied for compensation and refund of the bond. The total repair costs was $948.75 however the landlord is only seeking refund of the bond of $412.00.

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.
During the tenancy an extra-large window was broken. While there was no photographic evidence of the broken window the oral evidence of the landlord confirmed that it had been broken and this was a regular occurrence with these tenants. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage, however in the absence of photographic evidence I find the damage was more likely than not caused carelessly. The sum of $412.00 is awarded to the landlord as contribution ot the costs of repair.
The amounts ordered are proved.

Tenancy Tribunal case 4694412 — Property damage at Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4694412 — Property damage at Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025

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