What was Tenancy Tribunal case 4808940 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4808940?

Property Damage: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4808940?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4808940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368618-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4808940 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4808940?

Property Damage: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4808940?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4808940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368618-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4808940 — Property damage

Claims and awards in Tenancy Tribunal application 4808940 — net $550.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Damage to flooring in lounge	$1,000.00		Damage to flooring in lounge
Damage to garage door	$1,000.00		Damage to garage door
Filing fee reimbursement	$20.44		29. Having regard to those factors I will award exemplary damages of $250.00.
Exemplary damages: Failure to appoint an agent when		$250.00	Failure to appoint an agent when
Filing fee reimbursement		$20.44	29. Having regard to those factors I will award exemplary damages of $250.00.
Total award	$2,020.44	$270.44
Net award	$550.00
Total payable by Tenant to Landlord	$550.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Roger Jones $550.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 [Bond number suppressed] to Roger Jones immediately.

Reasons

Background

The tenancy ended on 28 January 2024.
The landlord’s application sought compensation for damage to the wooden flooring in the lounge (water damage, scratches), damage to the inside of the roller garage door, and gardening work.
The tenant’s application sought exemplary damages for late lodgment of the bond, and for the landlord not appointing an agent when outside of the country for more than 21-days.
The hearing took place in [Event location suppressed] on 22 May 2024. Mr Jones attended the hearing in person. [The tenant/s] attended by phone with the consent of the Tribunal.
At the hearing Mr Jones withdrew the claim for gardening work and [The tenant/s] withdrew the claim for exemplary damages for late lodgment of the bond. Landlord application Damage – general principles 1
In any claim for damage, the landlord must prove that the damage occurred during the tenancy and that it is beyond fair wear and tear.
If the landlord proves that, then the tenant is liable unless the tenant can prove that the damage occurred in circumstances other than a careless or intentional act by themselves or by anyone who was at the premises with their consent.
A tenant’s liability for careless damage is limited to the lesser of: a. The amount of the insurance excess, if the property is insured “against the destruction or damage”; or b. The equivalent of four weeks’ rent. Flooring
On 11 May 2023, rain got into the house through the lounge doors while the tenants were sleeping.
[The tenant/s] informed Mr Jones immediately. He and his wife (who was pregnant at the time) attempted to move some heavy items of furniture away from the affected areas. In so doing, the feet of the furniture left marks on the wooden flooring.
The water also caused some discolouration of the flooring. 1 Sections 49A and 49B Residential Tenancies Act 1986 (“RTA”)
Mr Jones made an insurance claim, which was accepted. The floors in the (open plan) lounge, dining, and kitchen area were sanded and re-sealed. Mr Jones paid an excess of $1,000.00.
I am satisfied that: a. The damage occurred during the tenancy, and is beyond fair wear and tear. b. The damage is properly described as careless (unintentional) damage by the tenant. The damage occurred during stormy weather. The storm caused the damage in the sense that it was wind driven rain that got on to the floor. However, the rain would not have got in if the door had been securely closed. c. The cost of sanding and sealing the floors, after the application of depreciation, exceeds $1,000.00. I accept that it was necessary to sand and re-seal the kitchen and dining areas, although they were not damaged in the 11 May incident, to avoid a colour mis-match. d. The tenant’s liability is limited to $1,000.00. Garage door
On 9 December 2023, [The tenant/s] accidentally hit the bottom of the garage roller door when reversing out of the garage.
The accident happened because [The tenant/s] (or his wife) inadvertently pressed the garage door button twice.
The damage did not affect the operation of the garage door.
The damage is covered by Mr Jones’ insurance.
I am satisfied that: a. The damage occurred during the tenancy and is beyond fair wear and tear. b. The damage is properly described as careless (unintentional) damage by the tenant. c. Although the damage is relatively minor and cosmetic, the landlord is entitled to be reinstated. The damage cannot be repaired. The least costly reinstatement option is to replace the panel / section that has the dent. The cost of this exceeds $1,000.00. d. The tenant’s liability is limited to $1,000.00. Tenant application Landlord outside of country for more than 21 days
A landlord who is outside of the country for more than 21 consecutive days must ensure that they have an agent in New Zealand. 2
The landlord must notify the tenant of the agent’s name and contact details, including their phone number and email address (if any). 3
A breach of this duty is an unlawful act. Exemplary damages of up to $1,500.00 can apply.
Mr Jones was out of the country for approximately six months during this tenancy.
Before he went away, Mr Jones met with [The tenant/s] and gave him a list of tradespeople. Mr Jones submitted that he identified one of those tradespeople (an electrician) as his agent – the person whom [The tenant/s] should contact about any issues.
[The tenant/s] agreed that Mr Jones met with him and provided him with a list, but he denied that Mr Jones told him to contact the electrician in the first instance about any maintenance issues.
[The tenant/s] submitted that when the flooring damage incident occurred, he was not sure who he should contact so he contacted Mr Jones. Mr Jones was in [overseas] at the time, but he responded promptly.
My finding is that it is not proven that Mr Jones appointed an agent and notified the tenant. The law places an onus on the landlord to appoint an agent and to notify the tenant. Mr Jones has the burden of proof to establish that he did this. The only evidence available to me is the conflicting recollections of Mr Jones and [The tenant/s]. Mr Jones has not met the burden of proof.
In considering an award of exemplary damages for an unlawful act, the Tribunal must have regard to: 4 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
In this instance: a. I accept that Mr Jones genuinely understood that he had met his duty. 2 Section 16A(1) RTA 3 Section 16A(4) and (4A) RTA 4 Section 109 RTA b. The effect on [The tenant/s] was minimal. c. There is a legitimate public interest in ensuring that landlords meet this duty, but the public policy concern that this section was originally intended to address when the Residential Tenancies Act became law in 1987 has been mitigated by the development of communication technologies.
Having regard to those factors I will award exemplary damages of $250.00. Filing fee, name suppression, bond
Both parties have been successful in their applications, and both are entitled to be awarded the filing fee. 5
Name suppression is granted to the tenant. 6
The net award to the landlord exceeds the amount of the bond. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4808940 — net $550.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Damage to flooring in lounge	$1,000.00		Damage to flooring in lounge
Damage to garage door	$1,000.00		Damage to garage door
Filing fee reimbursement	$20.44		29. Having regard to those factors I will award exemplary damages of $250.00.
Exemplary damages: Failure to appoint an agent when		$250.00	Failure to appoint an agent when
Filing fee reimbursement		$20.44	29. Having regard to those factors I will award exemplary damages of $250.00.
Total award	$2,020.44	$270.44
Net award	$550.00
Total payable by Tenant to Landlord	$550.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Roger Jones $550.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 [Bond number suppressed] to Roger Jones immediately.

Reasons

Background

The tenancy ended on 28 January 2024.
The landlord’s application sought compensation for damage to the wooden flooring in the lounge (water damage, scratches), damage to the inside of the roller garage door, and gardening work.
The tenant’s application sought exemplary damages for late lodgment of the bond, and for the landlord not appointing an agent when outside of the country for more than 21-days.
The hearing took place in [Event location suppressed] on 22 May 2024. Mr Jones attended the hearing in person. [The tenant/s] attended by phone with the consent of the Tribunal.
At the hearing Mr Jones withdrew the claim for gardening work and [The tenant/s] withdrew the claim for exemplary damages for late lodgment of the bond. Landlord application Damage – general principles 1
In any claim for damage, the landlord must prove that the damage occurred during the tenancy and that it is beyond fair wear and tear.
If the landlord proves that, then the tenant is liable unless the tenant can prove that the damage occurred in circumstances other than a careless or intentional act by themselves or by anyone who was at the premises with their consent.
A tenant’s liability for careless damage is limited to the lesser of: a. The amount of the insurance excess, if the property is insured “against the destruction or damage”; or b. The equivalent of four weeks’ rent. Flooring
On 11 May 2023, rain got into the house through the lounge doors while the tenants were sleeping.
[The tenant/s] informed Mr Jones immediately. He and his wife (who was pregnant at the time) attempted to move some heavy items of furniture away from the affected areas. In so doing, the feet of the furniture left marks on the wooden flooring.
The water also caused some discolouration of the flooring. 1 Sections 49A and 49B Residential Tenancies Act 1986 (“RTA”)
Mr Jones made an insurance claim, which was accepted. The floors in the (open plan) lounge, dining, and kitchen area were sanded and re-sealed. Mr Jones paid an excess of $1,000.00.
I am satisfied that: a. The damage occurred during the tenancy, and is beyond fair wear and tear. b. The damage is properly described as careless (unintentional) damage by the tenant. The damage occurred during stormy weather. The storm caused the damage in the sense that it was wind driven rain that got on to the floor. However, the rain would not have got in if the door had been securely closed. c. The cost of sanding and sealing the floors, after the application of depreciation, exceeds $1,000.00. I accept that it was necessary to sand and re-seal the kitchen and dining areas, although they were not damaged in the 11 May incident, to avoid a colour mis-match. d. The tenant’s liability is limited to $1,000.00. Garage door
On 9 December 2023, [The tenant/s] accidentally hit the bottom of the garage roller door when reversing out of the garage.
The accident happened because [The tenant/s] (or his wife) inadvertently pressed the garage door button twice.
The damage did not affect the operation of the garage door.
The damage is covered by Mr Jones’ insurance.
I am satisfied that: a. The damage occurred during the tenancy and is beyond fair wear and tear. b. The damage is properly described as careless (unintentional) damage by the tenant. c. Although the damage is relatively minor and cosmetic, the landlord is entitled to be reinstated. The damage cannot be repaired. The least costly reinstatement option is to replace the panel / section that has the dent. The cost of this exceeds $1,000.00. d. The tenant’s liability is limited to $1,000.00. Tenant application Landlord outside of country for more than 21 days
A landlord who is outside of the country for more than 21 consecutive days must ensure that they have an agent in New Zealand. 2
The landlord must notify the tenant of the agent’s name and contact details, including their phone number and email address (if any). 3
A breach of this duty is an unlawful act. Exemplary damages of up to $1,500.00 can apply.
Mr Jones was out of the country for approximately six months during this tenancy.
Before he went away, Mr Jones met with [The tenant/s] and gave him a list of tradespeople. Mr Jones submitted that he identified one of those tradespeople (an electrician) as his agent – the person whom [The tenant/s] should contact about any issues.
[The tenant/s] agreed that Mr Jones met with him and provided him with a list, but he denied that Mr Jones told him to contact the electrician in the first instance about any maintenance issues.
[The tenant/s] submitted that when the flooring damage incident occurred, he was not sure who he should contact so he contacted Mr Jones. Mr Jones was in [overseas] at the time, but he responded promptly.
My finding is that it is not proven that Mr Jones appointed an agent and notified the tenant. The law places an onus on the landlord to appoint an agent and to notify the tenant. Mr Jones has the burden of proof to establish that he did this. The only evidence available to me is the conflicting recollections of Mr Jones and [The tenant/s]. Mr Jones has not met the burden of proof.
In considering an award of exemplary damages for an unlawful act, the Tribunal must have regard to: 4 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
In this instance: a. I accept that Mr Jones genuinely understood that he had met his duty. 2 Section 16A(1) RTA 3 Section 16A(4) and (4A) RTA 4 Section 109 RTA b. The effect on [The tenant/s] was minimal. c. There is a legitimate public interest in ensuring that landlords meet this duty, but the public policy concern that this section was originally intended to address when the Residential Tenancies Act became law in 1987 has been mitigated by the development of communication technologies.
Having regard to those factors I will award exemplary damages of $250.00. Filing fee, name suppression, bond
Both parties have been successful in their applications, and both are entitled to be awarded the filing fee. 5
Name suppression is granted to the tenant. 6
The net award to the landlord exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 4808940 — Property damage

At a glance

Tenancy Tribunal case 4808940 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions