What was Tenancy Tribunal case 4832847 about?

The tribunal order states: Shontel Downs must pay [The landlord/s] $3,047.44 immediately, calculated as

How much money was awarded in case 4832847?

Filing Fee: $20.44 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Replace furnishings: Living room rot…: $793.50 awarded to landlord

What type of tenancy dispute was case 4832847?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4832847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10653896-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4832847 about?

The tribunal order states: Shontel Downs must pay [The landlord/s] $3,047.44 immediately, calculated as

How much money was awarded in case 4832847?

Filing Fee: $20.44 awarded to landlord; Property Damage: $333.50 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Replace furnishings: Living room rot…: $793.50 awarded to landlord

What type of tenancy dispute was case 4832847?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4832847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10653896-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4832847 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4832847 — net $3,047.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance excess	$4,500.00	Repairs: Insurance excess
Replace furnishings: Living room rotten floor	$793.50	Replace furnishings: Living room rotten floor
Vanity damage	$333.50	Vanity damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,047.44
Total payable by Tenant to Landlord	$3,047.44

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

At the hearing the Landlord submitted they also claimed for compensation for the loss of rent and water rates arrears however because this was not stipulated in their application and there was no record of the Tribunal receiving this amended claim, these claims were dismissed.

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: damaged floor, damaged vanity, damaged doors, locks, window handles, latches, kitchen tap, deck boards, hallway and bedroom walls, kitchen cupboard, carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4832847 — net $3,047.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance excess	$4,500.00	Repairs: Insurance excess
Replace furnishings: Living room rotten floor	$793.50	Replace furnishings: Living room rotten floor
Vanity damage	$333.50	Vanity damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,047.44
Total payable by Tenant to Landlord	$3,047.44

Order

Shontel Downs must pay [The landlord/s] $3,047.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing the Landlord submitted they also claimed for compensation for the loss of rent and water rates arrears however because this was not stipulated in their application and there was no record of the Tribunal receiving this amended claim, these claims were dismissed.

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: damaged floor, damaged vanity, damaged doors, locks, window handles, latches, kitchen tap, deck boards, hallway and bedroom walls, kitchen cupboard, carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4832847 — Property damage

At a glance

Tenancy Tribunal case 4832847 — Property damage

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