What was Tenancy Tribunal case 4939315 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939315?

Filing Fee: $27.00 awarded to landlord; Property Damage: $345.32 awarded to landlord

What type of tenancy dispute was case 4939315?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10991456-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939315 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939315?

Filing Fee: $27.00 awarded to landlord; Property Damage: $345.32 awarded to landlord

What type of tenancy dispute was case 4939315?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10991456-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4939315 — Property damage

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New Zealand Tenancy Tribunal Case 4939315 — 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 4939315 — net $372.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$345.32	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$372.32
Total payable by Tenant to Landlord	$372.32

Claims and awards for application 4939315 — net $372.32 NZD. Verify on MoJ.

Repairs

Amount: $345.32
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $372.32

Total payable by Tenant to Landlord

Landlord $372.32

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants and the landlord’s names and identifying details. 2.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not answer any of the calls made to them at the scheduled time on the two numbers provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee 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.
The landlord provided oral information with photographs in support that show damage to walls in the entranceway, the bedrooms and the kitchen. Some of the damage has been poorly repaired by the tenant and needs further work. I am satisfied the damage is more than fair wear and tear. The tenant has not disproved that the damage is careless.
The landlord provided an invoice for the repairs for $577.30.
On 10 June 2024, Adjudicator Lash made an order (NZTT 4845801) for the same tenancy to the landlord for $1,688.02 for rent arrears. The $231.98 remainder of the $1,920.00 bond was to remain at the Bond Centre. When this amount is deducted from the invoice for repairs, the sum of $345.32 is the result. 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.
[The landlord/s] has succeeded with the claim I have reimbursed the filing fee.
Name suppression was granted on the previous application. For the same reasons, name suppression is also granted on this application.

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 4939315 — net $372.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$345.32	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$372.32
Total payable by Tenant to Landlord	$372.32

Claims and awards for application 4939315 — net $372.32 NZD. Verify on MoJ.

Repairs

Amount: $345.32
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $372.32

Total payable by Tenant to Landlord

Landlord $372.32

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants and the landlord’s names and identifying details. 2.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not answer any of the calls made to them at the scheduled time on the two numbers provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee 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.
The landlord provided oral information with photographs in support that show damage to walls in the entranceway, the bedrooms and the kitchen. Some of the damage has been poorly repaired by the tenant and needs further work. I am satisfied the damage is more than fair wear and tear. The tenant has not disproved that the damage is careless.
The landlord provided an invoice for the repairs for $577.30.
On 10 June 2024, Adjudicator Lash made an order (NZTT 4845801) for the same tenancy to the landlord for $1,688.02 for rent arrears. The $231.98 remainder of the $1,920.00 bond was to remain at the Bond Centre. When this amount is deducted from the invoice for repairs, the sum of $345.32 is the result. 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.
[The landlord/s] has succeeded with the claim I have reimbursed the filing fee.
Name suppression was granted on the previous application. For the same reasons, name suppression is also granted on this application.

Tenancy Tribunal case 4939315 — Property damage

At a glance

Tenancy Tribunal case 4939315 — Property damage

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

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

Frequently asked questions