What was Tenancy Tribunal case 4764759 about?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4764759?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,600.00 awarded to landlord

What type of tenancy dispute was case 4764759?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4764759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10346009-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4764759 about?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4764759?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,600.00 awarded to landlord

What type of tenancy dispute was case 4764759?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4764759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10346009-Tenancy_Tribunal_Order.pdf.

271A Flaxmere Avenue, Flaxmere, Hastings 4120 Tenancy Tribunal Case 4764759 — Property damage

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271A Flaxmere Avenue, Flaxmere, Hastings 4120 Tenancy Tribunal Case 4764759 — 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 4764759 — net $2,300.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage (insurance claim excess	$3,600.00	Damage (insurance claim excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,300.44
Total payable by Tenant to Landlord	$2,300.44

Claims and awards for application 4764759 — net $2,300.44 NZD. Verify on MoJ.

Damage (insurance claim excess

Amount: $3,600.00
Awarded to: Landlord
Reason: Damage (insurance claim excess

Filing fee reimbursement

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

Net award

Landlord $2,300.44

Total payable by Tenant to Landlord

Landlord $2,300.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenant’s application is dismissed.
The Bond Centre is to pay the bond of $1,320.00 (3142197-026) to Oxygen Property Management Limited immediately.
[The tenant/s] must pay Oxygen Property Management Limited $2,300.44 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
The tenant applied for compensation and return of her bond.
The landlord then applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Tenant’s Claims
The tenant did not appear at the hearing, request an adjournment or give reasons for her non-appearance. Notice of the hearing was duly served on the tenant.
The tenant’s claim is accordingly dismissed (s.92). Landlord’s claims
The landlord claims compensation for 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.
Th landlord has provided photographs from the start of the tenancy and from when the tenancy ended on 3 December 2023.
That photographic evidence shows extensive damage throughout the premises that was not present when the tenancy began. The damage is not fair wear and tear.
The landlord made an insurance claim and a copy of the loss adjuster’s report has been provided. That report details the repairs required on a room by room basis. The total approved settlement sum totals $65,466.66.
A total excess (9 events @ $400.00 per event) of $3,600.00 was charged to the landlord and that represents the landlord’s loss.
As the damage is the tenant’s responsibility, the landlord is entitled to be compensation for loss caused by the tenant’s breach.
There is an element of betterment in the repair work for the landlord, For instance, the settlement includes replacement of a heat pump and carpets, which will have been depreciated items. I am persuaded however that any allowance for betterment would be well exceeded by the loss caused to the landlord from the premises not being able to be rented out for a lengthy period while the repair work was carried out.
I accordingly find it proved that the tenant is liable to compensate the landlord for the loss represented by the insurance claim excesses.
Because the landlord has succeeded with the claim I 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 4764759 — net $2,300.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage (insurance claim excess	$3,600.00	Damage (insurance claim excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,300.44
Total payable by Tenant to Landlord	$2,300.44

Claims and awards for application 4764759 — net $2,300.44 NZD. Verify on MoJ.

Damage (insurance claim excess

Amount: $3,600.00
Awarded to: Landlord
Reason: Damage (insurance claim excess

Filing fee reimbursement

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

Net award

Landlord $2,300.44

Total payable by Tenant to Landlord

Landlord $2,300.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenant’s application is dismissed.
The Bond Centre is to pay the bond of $1,320.00 (3142197-026) to Oxygen Property Management Limited immediately.
[The tenant/s] must pay Oxygen Property Management Limited $2,300.44 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
The tenant applied for compensation and return of her bond.
The landlord then applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Tenant’s Claims
The tenant did not appear at the hearing, request an adjournment or give reasons for her non-appearance. Notice of the hearing was duly served on the tenant.
The tenant’s claim is accordingly dismissed (s.92). Landlord’s claims
The landlord claims compensation for 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.
Th landlord has provided photographs from the start of the tenancy and from when the tenancy ended on 3 December 2023.
That photographic evidence shows extensive damage throughout the premises that was not present when the tenancy began. The damage is not fair wear and tear.
The landlord made an insurance claim and a copy of the loss adjuster’s report has been provided. That report details the repairs required on a room by room basis. The total approved settlement sum totals $65,466.66.
A total excess (9 events @ $400.00 per event) of $3,600.00 was charged to the landlord and that represents the landlord’s loss.
As the damage is the tenant’s responsibility, the landlord is entitled to be compensation for loss caused by the tenant’s breach.
There is an element of betterment in the repair work for the landlord, For instance, the settlement includes replacement of a heat pump and carpets, which will have been depreciated items. I am persuaded however that any allowance for betterment would be well exceeded by the loss caused to the landlord from the premises not being able to be rented out for a lengthy period while the repair work was carried out.
I accordingly find it proved that the tenant is liable to compensate the landlord for the loss represented by the insurance claim excesses.
Because the landlord has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4764759 — Property damage at 271A Flaxmere Avenue, Flaxmere, Hastings 4120

At a glance

Tenancy Tribunal case 4764759 — Property damage at 271A Flaxmere Avenue, Flaxmere, Hastings 4120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions