What was the outcome of Tenancy Tribunal case 4846720?

The tribunal order states: Shylo Te Ariki Tehiko is to pay Inspire Property Management Limited As Agent

How much money was awarded in case 4846720?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4846720?

The primary dispute was Property damage. Related themes: Illegal Lockout.

Where can I read the official tribunal order for case 4846720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238714-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4846720?

The tribunal order states: Shylo Te Ariki Tehiko is to pay Inspire Property Management Limited As Agent

How much money was awarded in case 4846720?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4846720?

The primary dispute was Property damage. Related themes: Illegal Lockout.

Where can I read the official tribunal order for case 4846720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238714-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 30 Carrington Crescent, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4846720 — Property damage

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Reasons

The Landlord attended the hearing.

The Landlord has applied for compensation for a smashed ranchslider windowpane.

Is the Tenant responsible for damage at 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 Tenant says her partner has smashed a glass windowpane on the ranchslider, kicking it with his foot when he was locked out of the home. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of reglazing was $620.68. The Tenant has paid $100.00 to date.

The amounts ordered are proved.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Reasons

The Landlord attended the hearing.

The Landlord has applied for compensation for a smashed ranchslider windowpane.

Is the Tenant responsible for damage at the premises?

The amounts ordered are proved.

Tenancy Tribunal case 4846720 — Property damage at Unit/Flat 2, 30 Carrington Crescent, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4846720 — Property damage at Unit/Flat 2, 30 Carrington Crescent, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Is the Tenant responsible for damage at the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Is the Tenant responsible for damage at the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions