What was Tenancy Tribunal case 4741299 about?

The tribunal order states: Pauline Kura Laxton Koraua to pay [The landlord/s] $180.00 from the bond,

How much money was awarded in case 4741299?

Replace furnishings: Two broken tile…: $180.00 awarded to landlord

What type of tenancy dispute was case 4741299?

The dispute type was not classified.

Where can I read the official tribunal order for case 4741299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9909610-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4741299 about?

The tribunal order states: Pauline Kura Laxton Koraua to pay [The landlord/s] $180.00 from the bond,

How much money was awarded in case 4741299?

Replace furnishings: Two broken tile…: $180.00 awarded to landlord

What type of tenancy dispute was case 4741299?

The dispute type was not classified.

Where can I read the official tribunal order for case 4741299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9909610-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4741299 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4741299 — Tenancy dispute | 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 4741299 — net $180.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Two broken tiles	$180.00	Replace furnishings: Two broken tiles
Net award	$180.00
Bond	$180.00
Total payable by Tenant to Landlord	$180.00

Claims and awards for application 4741299 — net $180.00 NZD. Verify on MoJ.

Replace furnishings: Two broken tiles

Amount: $180.00
Awarded to: Landlord
Reason: Replace furnishings: Two broken tiles

Net award

Landlord $180.00

Bond

Landlord $180.00

Total payable by Tenant to Landlord

Landlord $180.00

Order

Pauline Kura Laxton Koraua to pay [The landlord/s] $180.00 from the bond, calculated as shown in table below. DescriptionLandlord Replace furnishings: Two broken tiles$180.00 Total award$180.00 Bond$180.00

Reasons

[The landlord’s representative] represented the landlord.
Ms Koraua did not attend the hearing.
The landlord has applied for compensation, and refund of the bond 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, and occurs after 27 August 2019, 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 two broken tiles were caused during the tenancy.
[The landlord’s representative] stated that on 31 January 2024 at 4.08 pm, Ms Koraua called him and confirmed that she was responsible for the cost of replacing the two broken tiles.
In the assessment of evidence, I am satisfied that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
At the end of the hearing, [The landlord’s representative] stated that he did not want the filing fee and therefore abandoned his right to do so. Suppression order
As [The landlord/s] application has been wholly successful, I order the suppression of the landlord's identifying particulars.

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 4741299 — net $180.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Two broken tiles	$180.00	Replace furnishings: Two broken tiles
Net award	$180.00
Bond	$180.00
Total payable by Tenant to Landlord	$180.00

Claims and awards for application 4741299 — net $180.00 NZD. Verify on MoJ.

Replace furnishings: Two broken tiles

Amount: $180.00
Awarded to: Landlord
Reason: Replace furnishings: Two broken tiles

Net award

Landlord $180.00

Bond

Landlord $180.00

Total payable by Tenant to Landlord

Landlord $180.00

Order

Pauline Kura Laxton Koraua to pay [The landlord/s] $180.00 from the bond, calculated as shown in table below. DescriptionLandlord Replace furnishings: Two broken tiles$180.00 Total award$180.00 Bond$180.00

Reasons

[The landlord’s representative] represented the landlord.
Ms Koraua did not attend the hearing.
The landlord has applied for compensation, and refund of the bond 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, and occurs after 27 August 2019, 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 two broken tiles were caused during the tenancy.
[The landlord’s representative] stated that on 31 January 2024 at 4.08 pm, Ms Koraua called him and confirmed that she was responsible for the cost of replacing the two broken tiles.
In the assessment of evidence, I am satisfied that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
At the end of the hearing, [The landlord’s representative] stated that he did not want the filing fee and therefore abandoned his right to do so. Suppression order
As [The landlord/s] application has been wholly successful, I order the suppression of the landlord's identifying particulars.

Tenancy Tribunal case 4741299 — Tenancy dispute

At a glance

Tenancy Tribunal case 4741299 — Tenancy dispute

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