What was the outcome of Tenancy Tribunal case 4957875?

The tribunal order states: Adam Vinson, Emily Brown and Doo Youn Lee must pay Personal Property

How much money was awarded in case 4957875?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4957875?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4957875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10940067-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4957875?

The tribunal order states: Adam Vinson, Emily Brown and Doo Youn Lee must pay Personal Property

How much money was awarded in case 4957875?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4957875?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4957875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10940067-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 17 Wigan Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 4957875 — Cleanliness

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Order

Claims and awards in Tenancy Tribunal application 4957875 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: Flood damage excess	$500.00	Carpet Cleaning: Flood damage excess
Filing fee	$27.00	Filing fee
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

Adam Vinson, Emily Brown and Doo Youn Lee must pay Personal Property Management Limited as agent For Reddish Family Trust, $527.00 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning: Flood damage excess$500.00 Filing fee$27.00 Total payable by Tenant to Landlord$527.00

Reasons

The landlord has applied for compensation and reimbursement of the filing fee for a flooding event in the premises during the tenancy.

Are the tenants liable for the costs relating to the flooding in 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. See sections 40(2)(a), 41 and 49B RTA.

There was flooding in the premises the tenants are currently renting. The tenants deny that they caused the flooding however the only logical explanation is that water overflowed from the vanity onto the floor and into the business and residential premises below. There were no broken or blocked pipes in the premises and no further flooding has occurred since the event.

I am satisfied that the damage is more than fair wear and tear, and the tenants have not disproved liability for the flooding damage. What is the tenants’ liability?

The landlord has requested the Tribunal to order the tenants to pay $1,830.80 to the landlord. This was the amount the landlord paid to Chem-Dry for drying out the several properties that were flooded as a result of the tenants’ carelessness. If the landlord did not have insurance on the property the Tribunal could order that amount. However at the time the Tenancy Agreement (the Agreement) was signed by the parties, the landlord declared that the property was insured and that the excess was $500.00. The type of insurance noted by the landlord in the Agreement is “Full Cover”.

The Residential Tenancies Act 1986 provides that where damage is caused carelessly, and the landlord has insured the property against damage, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. See section 49B(3)(a) RTA.

The landlord stated in the hearing that the owner’s insurer declined to pay out for the flood damage and therefore the tenants were not covered by the landlord’s insurance. The landlord’s submission was that the insurer declined to pay because the owner did not have cover for negligence. However if the insurer determined that the owner was not covered for this type of event, then the landlord has misled the tenants when noting in the Agreement that there is “Full Cover” insurance on a premises. There cannot be full cover if careless damage or negligence is not covered. It is likely to be the most common cause of damage that insurers pay out on.

In summary, the landlord informed the tenants that they could rely on full cover insurance when renting the property. The landlord cannot now succeed in a claim against the tenants based on there being no insurance for this event.

The tenants are liable to pay $500.00, being the amount of the owner’s excess. Filing Fee

Because the landlord has been successful with the claim, the filing fee of $27.00 is ordered.

Order

Claims and awards in Tenancy Tribunal application 4957875 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: Flood damage excess	$500.00	Carpet Cleaning: Flood damage excess
Filing fee	$27.00	Filing fee
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

Reasons

The landlord has applied for compensation and reimbursement of the filing fee for a flooding event in the premises during the tenancy.

Are the tenants liable for the costs relating to the flooding in the premises?

I am satisfied that the damage is more than fair wear and tear, and the tenants have not disproved liability for the flooding damage. What is the tenants’ liability?

The tenants are liable to pay $500.00, being the amount of the owner’s excess. Filing Fee

Because the landlord has been successful with the claim, the filing fee of $27.00 is ordered.

Tenancy Tribunal case 4957875 — Cleanliness at Unit/Flat 3, 17 Wigan Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 4957875 — Cleanliness at Unit/Flat 3, 17 Wigan Street, Te Aro, Wellington 6011

At a glance

Award balance

Claims & awards

Order

Reasons

Are the tenants liable for the costs relating to the flooding in the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Are the tenants liable for the costs relating to the flooding in the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions