What was the outcome of Tenancy Tribunal case 5041228?

The tribunal order states: Graeme Arthur Hines and Charlotte Maryann Solomon must pay

How much money was awarded in case 5041228?

Garage Door: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5041228?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5041228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11385409-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5041228?

The tribunal order states: Graeme Arthur Hines and Charlotte Maryann Solomon must pay

How much money was awarded in case 5041228?

Garage Door: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5041228?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5041228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11385409-Tenancy_Tribunal_Order.pdf.

52 Storer Street, Kaiapoi, Kaiapoi 7630 Tenancy Tribunal Case 5041228 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5041228 — net $512.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Garage door	$1,000.00	Repairs: Garage door
Net award	$512.00
Total payable by Tenant to Landlord	$512.00

Graeme Arthur Hines and Charlotte Maryann Solomon must pay Accommodation Centre Limited T/A Harcourts Asset Managers as agent For J Butcher $512.00 immediately, as calculated in table below:

The Bond Centre is to pay the bond of $488.00 (6472857-005) to Accommodation Centre Limited T/A Harcourts Asset Managers as agent for J Butcher immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, 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.

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.

The landlord has claimed for damage to the garage door at the property. Specifically, dents have been caused to the garage door and the landlord says that this was caused during the tenancy. Insurance has been claimed for the damage, and the landlord seeks the excess of $1,000.00 from the tenants. The landlord has provided a pre tenancy report together with photographs that show that the dents were not in the garage door prior to the tenancy, together with post-tenancy photographs that do show the dents. In the pre-tenancy report, the tenant has noted several issues at the property but did not note the garage door dents.

The tenant submits that they did not cause the dents to the garage door. They say that they often entered the property through the garage door and as a result would not have seen the damage at the commencement of the tenancy. They say this is why they did not record it on the pre-tenancy inspection report. The tenants submit that they noticed the damage around six weeks after moving in, but that neither of them caused the damage so it was likely caused prior to their tenancy commencing.

Based on the evidence I have, and in particular the pre and post tenancy inspection reports, I find that it was more likely than not that the damage was caused during the tenancy.

The following damage was caused during the tenancy: Dented garage door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Accommodation Centre Limited T/A Harcourts Asset Managers as agent for J Butcher has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 04 February 2025

Claims and awards in Tenancy Tribunal application 5041228 — net $512.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Garage door	$1,000.00	Repairs: Garage door
Net award	$512.00
Total payable by Tenant to Landlord	$512.00

Order

Graeme Arthur Hines and Charlotte Maryann Solomon must pay Accommodation Centre Limited T/A Harcourts Asset Managers as agent For J Butcher $512.00 immediately, as calculated in table below:
The Bond Centre is to pay the bond of $488.00 (6472857-005) to Accommodation Centre Limited T/A Harcourts Asset Managers as agent for J Butcher immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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.
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.
The landlord has claimed for damage to the garage door at the property. Specifically, dents have been caused to the garage door and the landlord says that this was caused during the tenancy. Insurance has been claimed for the damage, and the landlord seeks the excess of $1,000.00 from the tenants. The landlord has provided a pre tenancy report together with photographs that show that the dents were not in the garage door prior to the tenancy, together with post-tenancy photographs that do show the dents. In the pre-tenancy report, the tenant has noted several issues at the property but did not note the garage door dents.
The tenant submits that they did not cause the dents to the garage door. They say that they often entered the property through the garage door and as a result would not have seen the damage at the commencement of the tenancy. They say this is why they did not record it on the pre-tenancy inspection report. The tenants submit that they noticed the damage around six weeks after moving in, but that neither of them caused the damage so it was likely caused prior to their tenancy commencing.
Based on the evidence I have, and in particular the pre and post tenancy inspection reports, I find that it was more likely than not that the damage was caused during the tenancy.
The following damage was caused during the tenancy: Dented garage door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Accommodation Centre Limited T/A Harcourts Asset Managers as agent for J Butcher has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 04 February 2025

Tenancy Tribunal case 5041228 — Property damage at 52 Storer Street, Kaiapoi, Kaiapoi 7630

At a glance

Tenancy Tribunal case 5041228 — Property damage at 52 Storer Street, Kaiapoi, Kaiapoi 7630

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

Property management

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

Property management

Frequently asked questions