What was Tenancy Tribunal case 4944153 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 4944153?

Cladding: $420.00 awarded to landlord

What type of tenancy dispute was case 4944153?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4944153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122567-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4944153 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 4944153?

Cladding: $420.00 awarded to landlord

What type of tenancy dispute was case 4944153?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4944153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122567-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4944153 — Property damage

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New Zealand Tenancy Tribunal Case 4944153 — 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 4944153 — net $420.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Cladding	$420.00	Repairs: Cladding
Net award	$420.00
Total payable by Tenant to Landlord	$420.00

Claims and awards for application 4944153 — net $420.00 NZD. Verify on MoJ.

Repairs: Cladding

Amount: $420.00
Awarded to: Landlord
Reason: Repairs: Cladding

Net award

Landlord $420.00

Total payable by Tenant to Landlord

Landlord $420.00

Claim types — money lines allowed on this order

Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords and identifying details.
Chayla Linsell must pay [The landlord/s] $420.00 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not answer the telephone calls made by the Tribunal on the phone number provided.
The landlord has applied for compensation.

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.
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: Cladding of the property. The Landlord provided photographs, an invoice and a mid-tenancy inspection report to show the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the Landlord has been wholly successful, name suppression is granted to the Landlord.

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 4944153 — net $420.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Cladding	$420.00	Repairs: Cladding
Net award	$420.00
Total payable by Tenant to Landlord	$420.00

Claims and awards for application 4944153 — net $420.00 NZD. Verify on MoJ.

Repairs: Cladding

Amount: $420.00
Awarded to: Landlord
Reason: Repairs: Cladding

Net award

Landlord $420.00

Total payable by Tenant to Landlord

Landlord $420.00

Claim types — money lines allowed on this order

Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords and identifying details.
Chayla Linsell must pay [The landlord/s] $420.00 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not answer the telephone calls made by the Tribunal on the phone number provided.
The landlord has applied for compensation.

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.
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: Cladding of the property. The Landlord provided photographs, an invoice and a mid-tenancy inspection report to show the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the Landlord has been wholly successful, name suppression is granted to the Landlord.

Tenancy Tribunal case 4944153 — Property damage

At a glance

Tenancy Tribunal case 4944153 — 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