What was Tenancy Tribunal case 4835981 about?

The tribunal order states: Frances Leef to pay [The landlord/s] $270.00 from the bond, calculated as

How much money was awarded in case 4835981?

Property Damage: $270.00 awarded to landlord

What type of tenancy dispute was case 4835981?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4835981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10275723-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4835981 about?

The tribunal order states: Frances Leef to pay [The landlord/s] $270.00 from the bond, calculated as

How much money was awarded in case 4835981?

Property Damage: $270.00 awarded to landlord

What type of tenancy dispute was case 4835981?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4835981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10275723-Tribunal_Order_Redacted.pdf.

35 Sunrise Avenue, Owhata, Rotorua 3010 Tenancy Tribunal Case 4835981 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4835981 — net $270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$270.00	Window repairs
Net award	$270.00
Total payable by Tenant to Landlord	$270.00

The landlord attended the hearing, conducted via teleconference. The tenant could not be contacted at the time of hearing.

This tenancy ended on 23 August 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.

The landlord has applied for compensation and refund of the bond.

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 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: Part way through the tenancy, the tenants advised that a bedroom window had been broken. I find that this damage was caused carelessly and the tenants are liable for the cost of the repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Claims and awards in Tenancy Tribunal application 4835981 — net $270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$270.00	Window repairs
Net award	$270.00
Total payable by Tenant to Landlord	$270.00

Order

Frances Leef to pay [The landlord/s] $270.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay $270.00 from the bond of $$540.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $270.00 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing, conducted via teleconference. The tenant could not be contacted at the time of hearing.
This tenancy ended on 23 August 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.
The landlord has applied for compensation and refund of the bond.

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 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: Part way through the tenancy, the tenants advised that a bedroom window had been broken. I find that this damage was caused carelessly and the tenants are liable for the cost of the repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Tenancy Tribunal case 4835981 — Property damage at 35 Sunrise Avenue, Owhata, Rotorua 3010

At a glance

Tenancy Tribunal case 4835981 — Property damage at 35 Sunrise Avenue, Owhata, Rotorua 3010

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