What was the outcome of Tenancy Tribunal case 4875980?

The tribunal order states: Veronica Lacerna, Razniem Alluad, Hannah Ashmore-Price and Danielle

How much money was awarded in case 4875980?

Filing Fee: $20.44 awarded to landlord; Property Damage: $400.00 awarded to landlord; Laminate Flooring: $253.00 awarded to landlord

What type of tenancy dispute was case 4875980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4875980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10594689-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4875980?

The tribunal order states: Veronica Lacerna, Razniem Alluad, Hannah Ashmore-Price and Danielle

How much money was awarded in case 4875980?

Filing Fee: $20.44 awarded to landlord; Property Damage: $400.00 awarded to landlord; Laminate Flooring: $253.00 awarded to landlord

What type of tenancy dispute was case 4875980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4875980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10594689-Tenancy_Tribunal_Order.pdf.

14 Kohuora Lane, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4875980 — Property damage

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14 Kohuora Lane, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4875980 — Property damage | 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 4875980 — net $673.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop (limited to insurance excess as per tenancy agreement	$400.00	Repairs: benchtop (limited to insurance excess as per tenancy agreement
Repairs: laminate flooring	$253.00	Repairs: laminate flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$673.44
Total payable by Tenant to Landlord	$673.44

Claims and awards for application 4875980 — net $673.44 NZD. Verify on MoJ.

Repairs: benchtop (limited to insurance excess as per tenancy agreement

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: benchtop (limited to insurance excess as per tenancy agreement

Repairs: laminate flooring

Amount: $253.00
Awarded to: Landlord
Reason: Repairs: laminate flooring

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $673.44

Total payable by Tenant to Landlord

Landlord $673.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Veronica Lacerna, Razniem Alluad, Hannah Ashmore-Price and Danielle Collins must pay Barfoot & Thompson Limited $673.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for cleaning, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord’s claim regarding cleaning costs has been settled by the tenants partly from the bond and the balance of the costs to the landlord.

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.
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: kitchen benchtop and laminate flooring. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I do not accept the landlord’s allegation that damage to the kitchen benchtop has been caused intentionally or deliberately. While the rusty rack would been intentionally placed on the area of the benchtop concerned, the resultant damage to the benchtop was not intentionally caused under section 49B(1) RTA. The resultant damage to the benchtop was not a case where the tenants did something or allowed a situation to continue, knowing that damage is a certainty. I find it more likely than not that the damage to the benchtop has been caused carelessly. Given the benchtop damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is accordingly limited to the lesser of the insurance excess as stated on the tenancy agreement.
As for the damaged laminate flooring, I do not accept the tenant’s explanation that the flooring chip damage was fair wear or tear from someone stepping on stones blown inside.
The tenant has not disproved liability for the damage to the flooring. The amount of $253.00 claimed by the landlord is proved.
The landlord, being largely successful in their claims, is entitled to the refund of the filing fee.

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 4875980 — net $673.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop (limited to insurance excess as per tenancy agreement	$400.00	Repairs: benchtop (limited to insurance excess as per tenancy agreement
Repairs: laminate flooring	$253.00	Repairs: laminate flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$673.44
Total payable by Tenant to Landlord	$673.44

Claims and awards for application 4875980 — net $673.44 NZD. Verify on MoJ.

Repairs: benchtop (limited to insurance excess as per tenancy agreement

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: benchtop (limited to insurance excess as per tenancy agreement

Repairs: laminate flooring

Amount: $253.00
Awarded to: Landlord
Reason: Repairs: laminate flooring

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $673.44

Total payable by Tenant to Landlord

Landlord $673.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Veronica Lacerna, Razniem Alluad, Hannah Ashmore-Price and Danielle Collins must pay Barfoot & Thompson Limited $673.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for cleaning, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord’s claim regarding cleaning costs has been settled by the tenants partly from the bond and the balance of the costs to the landlord.

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.
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: kitchen benchtop and laminate flooring. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I do not accept the landlord’s allegation that damage to the kitchen benchtop has been caused intentionally or deliberately. While the rusty rack would been intentionally placed on the area of the benchtop concerned, the resultant damage to the benchtop was not intentionally caused under section 49B(1) RTA. The resultant damage to the benchtop was not a case where the tenants did something or allowed a situation to continue, knowing that damage is a certainty. I find it more likely than not that the damage to the benchtop has been caused carelessly. Given the benchtop damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is accordingly limited to the lesser of the insurance excess as stated on the tenancy agreement.
As for the damaged laminate flooring, I do not accept the tenant’s explanation that the flooring chip damage was fair wear or tear from someone stepping on stones blown inside.
The tenant has not disproved liability for the damage to the flooring. The amount of $253.00 claimed by the landlord is proved.
The landlord, being largely successful in their claims, is entitled to the refund of the filing fee.

Tenancy Tribunal case 4875980 — Property damage at 14 Kohuora Lane, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4875980 — Property damage at 14 Kohuora Lane, Papatoetoe, Auckland 2025

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

Property management

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

Property management

Frequently asked questions