What was the outcome of Tenancy Tribunal case 5017908?

The tribunal order states: Stephanie Patricia Wright must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5017908?

Property Damage: $1,554.85 awarded to landlord

What type of tenancy dispute was case 5017908?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5017908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11334010-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5017908?

The tribunal order states: Stephanie Patricia Wright must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5017908?

Property Damage: $1,554.85 awarded to landlord

What type of tenancy dispute was case 5017908?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5017908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11334010-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5B, 52 Liverpool Street, Auckland Central, Tenancy Tribunal Case 5017908 — Property damage

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Unit/Flat 5B, 52 Liverpool Street, Auckland Central, Tenancy Tribunal Case 5017908 — 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 5017908 — net $1,554.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage to fire door	$1,554.85	Damage to fire door
Net award	$1,554.85
Total payable by Tenant to Landlord	$1,554.85

Claims and awards for application 5017908 — net $1,554.85 NZD. Verify on MoJ.

Damage to fire door

Amount: $1,554.85
Awarded to: Landlord
Reason: Damage to fire door

Net award

Landlord $1,554.85

Total payable by Tenant to Landlord

Landlord $1,554.85

Claim types — money lines allowed on this order

Property damage

Order

Stephanie Patricia Wright must pay Kāinga Ora–Homes And Communities $1,554.85 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. Ms Wright did not link to the Teams link and both of my calls to her mobile number went to voicemail. The hearing therefore proceeded in her absence.
The landlord has applied for compensation for replacement of a fire door. 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 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.
I accept the evidence indicating that during Ms Wright’s tenancy the fire door was damaged and needed replacing. It appears it was damaged either by her partner or herself.
I also accept that although the fire door cost $4,385.00 to replace, the landlord is seeking an amount equivalent to 4 weeks’ market rent.
At that time the market rent was $423.00 per week and so Ms Wright is required to pay $1,692.00 less overpaid rent of $137.15 – that is, a total of $1,554.85. C ter Haar 21 January 2025

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 5017908 — net $1,554.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damage to fire door	$1,554.85	Damage to fire door
Net award	$1,554.85
Total payable by Tenant to Landlord	$1,554.85

Claims and awards for application 5017908 — net $1,554.85 NZD. Verify on MoJ.

Damage to fire door

Amount: $1,554.85
Awarded to: Landlord
Reason: Damage to fire door

Net award

Landlord $1,554.85

Total payable by Tenant to Landlord

Landlord $1,554.85

Claim types — money lines allowed on this order

Property damage

Order

Stephanie Patricia Wright must pay Kāinga Ora–Homes And Communities $1,554.85 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. Ms Wright did not link to the Teams link and both of my calls to her mobile number went to voicemail. The hearing therefore proceeded in her absence.
The landlord has applied for compensation for replacement of a fire door. 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 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.
I accept the evidence indicating that during Ms Wright’s tenancy the fire door was damaged and needed replacing. It appears it was damaged either by her partner or herself.
I also accept that although the fire door cost $4,385.00 to replace, the landlord is seeking an amount equivalent to 4 weeks’ market rent.
At that time the market rent was $423.00 per week and so Ms Wright is required to pay $1,692.00 less overpaid rent of $137.15 – that is, a total of $1,554.85. C ter Haar 21 January 2025

Tenancy Tribunal case 5017908 — Property damage at Unit/Flat 5B, 52 Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 5017908 — Property damage at Unit/Flat 5B, 52 Liverpool Street, Auckland Central,

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