What was Tenancy Tribunal case 4911490 about?

The tribunal order states: Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb to pay [The

How much money was awarded in case 4911490?

Filing Fee: $20.44 awarded to landlord; Gate Remote Control: $99.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4911490?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4911490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701481-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4911490 about?

The tribunal order states: Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb to pay [The

How much money was awarded in case 4911490?

Filing Fee: $20.44 awarded to landlord; Gate Remote Control: $99.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4911490?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4911490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701481-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4911490 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4911490 — net $1,219.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting insurance excess	$550.00	Repairs: Painting insurance excess
Carpet insurance excess	$550.00	Carpet insurance excess
Gate remote control	$99.00	Gate remote control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,219.44
Bond	$4,800.00
Total payable by Tenant to Landlord	$1,219.44

Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb to pay [The landlord/s] $1,219.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,219.44 Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb: $3,580.56

Reasons

Both parties attended this video hearing.

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

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave any security devices provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the remote control for the gate. The landlord provided a costing at $99.00 for an identical remote.

The amount ordered is proven.

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. The landlord is insured for tenant damage. The policy has an excess of $550.00 on each and every claim.

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: The tenant accepted that damage had been caused by pets to both the doors and carpets in the house. The tenant consented to the orders for the insurance excess claimed by the landlord.

The amounts ordered are proven.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful and the landlord application is granted. The tenant has not been wholly or substantially successful and the tenant application is dismissed.

Claims and awards in Tenancy Tribunal application 4911490 — net $1,219.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting insurance excess	$550.00	Repairs: Painting insurance excess
Carpet insurance excess	$550.00	Carpet insurance excess
Gate remote control	$99.00	Gate remote control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,219.44
Bond	$4,800.00
Total payable by Tenant to Landlord	$1,219.44

Order

Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb to pay [The landlord/s] $1,219.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,219.44 Jennifer Salanio Pacleb, Joey Quizon and Maria Olivia Pacleb: $3,580.56

Reasons

Both parties attended this video hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave any security devices provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the remote control for the gate. The landlord provided a costing at $99.00 for an identical remote.
The amount ordered is proven.

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. The landlord is insured for tenant damage. The policy has an excess of $550.00 on each and every claim.
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: The tenant accepted that damage had been caused by pets to both the doors and carpets in the house. The tenant consented to the orders for the insurance excess claimed by the landlord.
The amounts ordered are proven.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful and the landlord application is granted. The tenant has not been wholly or substantially successful and the tenant application is dismissed.

Tenancy Tribunal case 4911490 — Property damage

At a glance

Tenancy Tribunal case 4911490 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions