What was Tenancy Tribunal case 5029489 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 5029489?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5029489?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5029489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11288738-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5029489 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 5029489?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5029489?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5029489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11288738-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5029489 — Property damage

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New Zealand Tenancy Tribunal Case 5029489 — 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 5029489 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance excess	$400.00	Repairs: Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 5029489 — net $427.00 NZD. Verify on MoJ.

Repairs: Insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Insurance excess

Filing fee reimbursement

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

Net award

Landlord $427.00

Total payable by Tenant to Landlord

Landlord $427.00

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 names and identifying details.
[The tenant/s] must pay [The landlord/s] $427.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
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 Residential Tenancies Act 1986 (“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. See section 49B(3)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional. 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 tenant has accepted having created holes from installing and removing a television bracket on the wall. The tenant said that the landlord told him not to worry about it but the landlord denied having said that. I find that the original arrangement was for the tenant to either leave the bracket at the end of the tenancy or to have the holes repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it comes under intentional damage.
The landlord had claimed insurance for other damages but not for the holes created by the television bracket. The insurance excess is $400.00.
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.
I order the tenant to pay the landlord $400.00 for the insurance excess. If the damage is not covered by insurance, the landlord is free to pursue the balance by making a further application with the Tribunal.
Because the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.

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 5029489 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance excess	$400.00	Repairs: Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 5029489 — net $427.00 NZD. Verify on MoJ.

Repairs: Insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Insurance excess

Filing fee reimbursement

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

Net award

Landlord $427.00

Total payable by Tenant to Landlord

Landlord $427.00

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 names and identifying details.
[The tenant/s] must pay [The landlord/s] $427.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
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 Residential Tenancies Act 1986 (“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. See section 49B(3)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional. 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 tenant has accepted having created holes from installing and removing a television bracket on the wall. The tenant said that the landlord told him not to worry about it but the landlord denied having said that. I find that the original arrangement was for the tenant to either leave the bracket at the end of the tenancy or to have the holes repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it comes under intentional damage.
The landlord had claimed insurance for other damages but not for the holes created by the television bracket. The insurance excess is $400.00.
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.
I order the tenant to pay the landlord $400.00 for the insurance excess. If the damage is not covered by insurance, the landlord is free to pursue the balance by making a further application with the Tribunal.
Because the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.

Tenancy Tribunal case 5029489 — Property damage

At a glance

Tenancy Tribunal case 5029489 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions