What was the outcome of Tenancy Tribunal case 4885404?

The tribunal order states: Jessica Waratini and Shane Michael Pohe to pay Linkpeople Limited $364.00

How much money was awarded in case 4885404?

Property Damage: $364.00 awarded to landlord

What type of tenancy dispute was case 4885404?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4885404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416985-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4885404?

The tribunal order states: Jessica Waratini and Shane Michael Pohe to pay Linkpeople Limited $364.00

How much money was awarded in case 4885404?

Property Damage: $364.00 awarded to landlord

What type of tenancy dispute was case 4885404?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4885404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416985-Tenancy_Tribunal_Order.pdf.

26 Duggan Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 4885404 — Property damage

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26 Duggan Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 4885404 — 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 4885404 — net $364.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$364.00	Window repairs
Net award	$364.00
Bond	$364.00
Total payable by Tenant to Landlord	$364.00

Claims and awards for application 4885404 — net $364.00 NZD. Verify on MoJ.

Window repairs

Amount: $364.00
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $364.00

Bond

Landlord $364.00

Total payable by Tenant to Landlord

Landlord $364.00

Claim types — money lines allowed on this order

Property damage

Order

Jessica Waratini and Shane Michael Pohe to pay Linkpeople Limited $364.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $364.00 (5108248-010) to Linkpeople Limited immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. There were no phone numbers available for the tenants.
This tenancy ended on 30 June 2022. 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: There were five broken windows. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 4885404 — net $364.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$364.00	Window repairs
Net award	$364.00
Bond	$364.00
Total payable by Tenant to Landlord	$364.00

Claims and awards for application 4885404 — net $364.00 NZD. Verify on MoJ.

Window repairs

Amount: $364.00
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $364.00

Bond

Landlord $364.00

Total payable by Tenant to Landlord

Landlord $364.00

Claim types — money lines allowed on this order

Property damage

Order

Jessica Waratini and Shane Michael Pohe to pay Linkpeople Limited $364.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $364.00 (5108248-010) to Linkpeople Limited immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. There were no phone numbers available for the tenants.
This tenancy ended on 30 June 2022. 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: There were five broken windows. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4885404 — Property damage at 26 Duggan Avenue, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4885404 — Property damage at 26 Duggan Avenue, Mangere, Auckland 2022

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