What was the outcome of Tenancy Tribunal case 4927290?

The tribunal order states: Tino Rangi must pay Property Star Rental Management Limited As Agent For

How much money was awarded in case 4927290?

Property Damage: $6,900.00 awarded to landlord

What type of tenancy dispute was case 4927290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4927290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10810540-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4927290?

The tribunal order states: Tino Rangi must pay Property Star Rental Management Limited As Agent For

How much money was awarded in case 4927290?

Property Damage: $6,900.00 awarded to landlord

What type of tenancy dispute was case 4927290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4927290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10810540-Tenancy_Tribunal_Order.pdf.

34A Taylor Road, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 4927290 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4927290 — net $1,900.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (uninsured losses	$6,900.00	Repairs (uninsured losses
Net award	$1,900.00
Total payable by Tenant to Landlord	$1,900.00

Tino Rangi must pay Property Star Rental Management Limited As Agent For Cjs Enterprises Limited $1,900.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $5,000.00 (5812213-004) to Property Star Rental Management Limited As Agent For Cjs Enterprises Limited immediately.

Reasons

Only the landlord and the former tenant Charlene Brown attended the hearing. Tino Rangi did not attend.

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

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. 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: carpets, doors and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The above damage was mostly caused by a dog being left inside the premises, urinating on the carpets and scratching the doors and walls. Such damage is intentional because the tenant has allowed the deterioration of the premises to continue, knowing that damage is a certainty, from the dog being kept inside for prolonged periods.

The tenant's liability has been limited to the lesser of the insurance excess of $6,900.00 as set out above.

Upon the bond being disbursed to the landlord, the landlord seeks a monetary order against the remaining tenant Tino Rangi only. The landlord accepts that the above damage was caused by the remaining tenant Mr Rangi after Ms Brown had vacated in November 2023.

I therefore accede to the landlord’s application for a monetary order only against Mr Rangi.

Order

Claims and awards in Tenancy Tribunal application 4927290 — net $1,900.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (uninsured losses	$6,900.00	Repairs (uninsured losses
Net award	$1,900.00
Total payable by Tenant to Landlord	$1,900.00

Tino Rangi must pay Property Star Rental Management Limited As Agent For Cjs Enterprises Limited $1,900.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $5,000.00 (5812213-004) to Property Star Rental Management Limited As Agent For Cjs Enterprises Limited immediately.

Reasons

Only the landlord and the former tenant Charlene Brown attended the hearing. Tino Rangi did not attend.

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

Is the tenant responsible for the damage to the premises?

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. See section 49B(3)(a) RTA.

The following damage was caused during the tenancy: carpets, doors and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant's liability has been limited to the lesser of the insurance excess of $6,900.00 as set out above.

I therefore accede to the landlord’s application for a monetary order only against Mr Rangi.

Tenancy Tribunal case 4927290 — Property damage at 34A Taylor Road, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 4927290 — Property damage at 34A Taylor Road, Mangere Bridge, 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