What was Tenancy Tribunal case 4799837 about?

The tribunal order states: Adam Turoa and Pareroa Gilbert must pay [the landlord] $520.44 immediately,

How much money was awarded in case 4799837?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord

Where can I read the official tribunal order for case 4799837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10343338-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799837 about?

The tribunal order states: Adam Turoa and Pareroa Gilbert must pay [the landlord] $520.44 immediately,

How much money was awarded in case 4799837?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord

Where can I read the official tribunal order for case 4799837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10343338-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4799837 — Leaks

Reasons

Claims and awards in Tenancy Tribunal application 4799837 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for repair of hidden leak damage	$500.00	Insurance excess for repair of hidden leak damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for compensation and reimbursement of the filing fee 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 following damage was caused during the tenancy: a. There was substantial damage to the walls, floor and floor coverings from flooding that resulted from the tenant’s failure to screw the washing machine hose and valve connection under the sink tight enough; b. The flooding damage was a result of a careless act by the tenants.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4799837 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for repair of hidden leak damage	$500.00	Insurance excess for repair of hidden leak damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

Order

Adam Turoa and Pareroa Gilbert must pay [the landlord] $520.44 immediately, calculated as shown in table below.
The bond is to be held by the Bond Centre until the landlord’s final vacated damages claim is heard by the Tribunal.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation and reimbursement of the filing fee 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 following damage was caused during the tenancy: a. There was substantial damage to the walls, floor and floor coverings from flooding that resulted from the tenant’s failure to screw the washing machine hose and valve connection under the sink tight enough; b. The flooding damage was a result of a careless act by the tenants.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4799837 — Leaks

At a glance

Tenancy Tribunal case 4799837 — Leaks

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