What was the outcome of Tenancy Tribunal case 4778318?

The tribunal order states: Chloe Bond-Lane must pay Property Brokers Manawatu Limited $497.69

How much money was awarded in case 4778318?

Filing Fee: $20.44 awarded to landlord; Fire Service Callout: $184.00 awarded to landlord; Property Damage: $293.25 awarded to landlord

What type of tenancy dispute was case 4778318?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4778318?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9952609-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4778318?

The tribunal order states: Chloe Bond-Lane must pay Property Brokers Manawatu Limited $497.69

How much money was awarded in case 4778318?

Filing Fee: $20.44 awarded to landlord; Fire Service Callout: $184.00 awarded to landlord; Property Damage: $293.25 awarded to landlord

What type of tenancy dispute was case 4778318?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4778318?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9952609-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 247 Cuba Street, Palmerston North, Palmerston Tenancy Tribunal Case 4778318 — Property damage

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Unit/Flat 2, 247 Cuba Street, Palmerston North, Palmerston Tenancy Tribunal Case 4778318 — 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 4778318 — net $497.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Fire service callout	$184.00	Fire service callout
Window repairs	$293.25	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$497.69
Total payable by Tenant to Landlord	$497.69

Claims and awards for application 4778318 — net $497.69 NZD. Verify on MoJ.

Fire service callout

Amount: $184.00
Awarded to: Landlord
Reason: Fire service callout

Window repairs

Amount: $293.25
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $497.69

Total payable by Tenant to Landlord

Landlord $497.69

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Chloe Bond-Lane must pay Property Brokers Manawatu Limited $497.69 immediately, calculated as shown in table below. DescriptionLandlord Fire service callout$184.00 Window repairs$293.25 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$497.69

Reasons

Only the landlord attended the hearing, which was held by video conference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
Prior to the hearing, the rent arrears were paid, so that portion of the application was withdrawn.

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 following damage was caused during the tenancy: a. A Fire Service callout, caused by excess smoke in the kitchen. The tenant was not using the rangehood extract fan at the time. b. Three broken windows.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because Property Brokers Manawatu Limited has substantially succeeded with the claim I have reimbursed 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 4778318 — net $497.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Fire service callout	$184.00	Fire service callout
Window repairs	$293.25	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$497.69
Total payable by Tenant to Landlord	$497.69

Claims and awards for application 4778318 — net $497.69 NZD. Verify on MoJ.

Fire service callout

Amount: $184.00
Awarded to: Landlord
Reason: Fire service callout

Window repairs

Amount: $293.25
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Net award

Landlord $497.69

Total payable by Tenant to Landlord

Landlord $497.69

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Chloe Bond-Lane must pay Property Brokers Manawatu Limited $497.69 immediately, calculated as shown in table below. DescriptionLandlord Fire service callout$184.00 Window repairs$293.25 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$497.69

Reasons

Only the landlord attended the hearing, which was held by video conference.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
Prior to the hearing, the rent arrears were paid, so that portion of the application was withdrawn.

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 following damage was caused during the tenancy: a. A Fire Service callout, caused by excess smoke in the kitchen. The tenant was not using the rangehood extract fan at the time. b. Three broken windows.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because Property Brokers Manawatu Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4778318 — Property damage at Unit/Flat 2, 247 Cuba Street, Palmerston North, Palmerston

At a glance

Tenancy Tribunal case 4778318 — Property damage at Unit/Flat 2, 247 Cuba Street, Palmerston North, Palmerston

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