What was the outcome of Tenancy Tribunal case 4803540?

The tribunal order states: Ridgetop Farms Limited must pay Candra Leigh Thomson $404.95

How much money was awarded in case 4803540?

Previous Order Application 4740749;…: $756.57 awarded to tenant; Replace Glass In Log Burner Door: $351.62 awarded to landlord

What type of tenancy dispute was case 4803540?

The dispute type was not classified.

Where can I read the official tribunal order for case 4803540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10757396-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4803540?

The tribunal order states: Ridgetop Farms Limited must pay Candra Leigh Thomson $404.95

How much money was awarded in case 4803540?

Previous Order Application 4740749;…: $756.57 awarded to tenant; Replace Glass In Log Burner Door: $351.62 awarded to landlord

What type of tenancy dispute was case 4803540?

The dispute type was not classified.

Where can I read the official tribunal order for case 4803540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10757396-Tribunal_Order.pdf.

304 Norfolk Road Lower, Norfolk, RD 8, Norfolk 4388 Tenancy Tribunal Case 4803540 — Tenancy dispute

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304 Norfolk Road Lower, Norfolk, RD 8, Norfolk 4388 Tenancy Tribunal Case 4803540 — 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 4803540 — net $404.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace glass in log burner door	$351.62		Replace glass in log burner door
Previous order application 4740749; 4803540 dated		$756.57	Previous order application 4740749; 4803540 dated
Total award	$351.62	$756.57
Net award		$404.95
Total payable by Landlord to Tenant		$404.95

Claims and awards for application 4803540 — net $404.95 NZD. Verify on MoJ.

Replace glass in log burner door

Amount: $351.62
Awarded to: Landlord
Reason: Replace glass in log burner door

Previous order application 4740749; 4803540 dated

Amount: $756.57
Awarded to: Tenant
Reason: Previous order application 4740749; 4803540 dated

Total award

Landlord $351.62 · Tenant $756.57

Net award

Tenant $404.95

Total payable by Landlord to Tenant

Tenant $404.95

Order

Ridgetop Farms Limited must pay Candra Leigh Thomson $404.95 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing today which I held by phone. Background
On 23 July 2024, the Tribunal issued a detailed order on the parties’ applications following hearings that took place over 2 days.
The Tribunal assessed and decided each of the claims made by the parties, save for one – a claim by the landlord for the replacement cost of the glass in the log burner door.
The adjudicator could not hear that claim due to a conflict of interest.
It is that issue alone that is before the Tribunal today.

Is the tenant responsible for the damage?

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 of the Residential Tenancies Act 1986 (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.
There is no dispute about how this damage occurred. The tenant’s 8-year-old son put an asthma inhaler into the log burner while it was lit. The inhaler exploded and damaged the glass door which had to be replaced.
The tenant denies liability because she considers the damage would be covered by the landlord’s insurer. However, the damage was not covered by an insurer, nor did it fall under the log burner guarantee (the log burner was only 6 months old) because the damage was caused by the tenant’s son. The damage was not due to any defect in the product that would have fallen under the guarantee.
The tenant gave evidence that she was in the lounge with her son when he put the inhaler into the fire. She did not see him do that. He told her he had put a muesli wrapper into the burner.
When the log burner installer inspected the damage, he found the asthma inhaler in the firebox and concluded it was the cause of the damage.
I find that this damage was the result of the tenant’s carelessness. She was with her son when it occurred, even if she did not directly observe him do it.
The landlord has proved the repair cost by producing the invoice for the repair in evidence.
This is a cost for which the tenant is liable. Given that the log burner was only 6 months old, I make no deduction for depreciation. Result
The landlord has not yet paid the amount ordered by the Tribunal on 23 July 2024, pending this hearing.
The landlord must now pay the tenant $404.95, a reduced amount from the last order to take account of the Tribunal’s decision on this (the last) part of the landlord’s application.
The hearing of both applications is now complete.

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 4803540 — net $404.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace glass in log burner door	$351.62		Replace glass in log burner door
Previous order application 4740749; 4803540 dated		$756.57	Previous order application 4740749; 4803540 dated
Total award	$351.62	$756.57
Net award		$404.95
Total payable by Landlord to Tenant		$404.95

Claims and awards for application 4803540 — net $404.95 NZD. Verify on MoJ.

Replace glass in log burner door

Amount: $351.62
Awarded to: Landlord
Reason: Replace glass in log burner door

Previous order application 4740749; 4803540 dated

Amount: $756.57
Awarded to: Tenant
Reason: Previous order application 4740749; 4803540 dated

Total award

Landlord $351.62 · Tenant $756.57

Net award

Tenant $404.95

Total payable by Landlord to Tenant

Tenant $404.95

Order

Ridgetop Farms Limited must pay Candra Leigh Thomson $404.95 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing today which I held by phone. Background
On 23 July 2024, the Tribunal issued a detailed order on the parties’ applications following hearings that took place over 2 days.
The Tribunal assessed and decided each of the claims made by the parties, save for one – a claim by the landlord for the replacement cost of the glass in the log burner door.
The adjudicator could not hear that claim due to a conflict of interest.
It is that issue alone that is before the Tribunal today.

Is the tenant responsible for the damage?

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 of the Residential Tenancies Act 1986 (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.
There is no dispute about how this damage occurred. The tenant’s 8-year-old son put an asthma inhaler into the log burner while it was lit. The inhaler exploded and damaged the glass door which had to be replaced.
The tenant denies liability because she considers the damage would be covered by the landlord’s insurer. However, the damage was not covered by an insurer, nor did it fall under the log burner guarantee (the log burner was only 6 months old) because the damage was caused by the tenant’s son. The damage was not due to any defect in the product that would have fallen under the guarantee.
The tenant gave evidence that she was in the lounge with her son when he put the inhaler into the fire. She did not see him do that. He told her he had put a muesli wrapper into the burner.
When the log burner installer inspected the damage, he found the asthma inhaler in the firebox and concluded it was the cause of the damage.
I find that this damage was the result of the tenant’s carelessness. She was with her son when it occurred, even if she did not directly observe him do it.
The landlord has proved the repair cost by producing the invoice for the repair in evidence.
This is a cost for which the tenant is liable. Given that the log burner was only 6 months old, I make no deduction for depreciation. Result
The landlord has not yet paid the amount ordered by the Tribunal on 23 July 2024, pending this hearing.
The landlord must now pay the tenant $404.95, a reduced amount from the last order to take account of the Tribunal’s decision on this (the last) part of the landlord’s application.
The hearing of both applications is now complete.

Tenancy Tribunal case 4803540 — Tenancy dispute at 304 Norfolk Road Lower, Norfolk, RD 8, Norfolk 4388

At a glance

Tenancy Tribunal case 4803540 — Tenancy dispute at 304 Norfolk Road Lower, Norfolk, RD 8, Norfolk 4388

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions