What was Tenancy Tribunal case 5048889 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 5048889?

Pression Of The Tenant’S Name And Id…: $60.80 awarded to landlord

What type of tenancy dispute was case 5048889?

The dispute type was not classified.

Where can I read the official tribunal order for case 5048889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11311034-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5048889 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 5048889?

Pression Of The Tenant’S Name And Id…: $60.80 awarded to landlord

What type of tenancy dispute was case 5048889?

The dispute type was not classified.

Where can I read the official tribunal order for case 5048889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11311034-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5048889 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5048889 — net $60.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
pression of the tenant’s name and identifying details. 2. [The tenant/s] to pay Michelle Stewart as agent for Mauricio A	$60.80	pression of the tenant’s name and identifying details. 2. [The tenant/s] to pay Michelle Stewart as agent for Mauricio A
Net award	$60.80
Total payable by Tenant to Landlord	$60.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Michelle Stewart as agent for Mauricio Aliaga $60.80 immediately for water rates from 16.11.24 to 11.12.24.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing. The landlord attended the hearing by video conference. The tenant attended the hearing by phone.
The landlord has applied for termination, rent arrears, water rates, compensation and reimbursement of the filing fee. Termination
At the hearing the landlord advised that termination was not sought. I therefore dismiss the application for termination. Rent arrears
The tenant has rectified the rent arrears therefore the claim for rent arrears is dismissed. Water rates
The landlord provided a water rates statement for the dates 16.11.24 to
12.24 and I make an order for water rates by consent for the amount of $60.80.

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.
The landlord claims the cost to repair a hole in the shower wall lining.
There is no dispute that the damage was caused during the tenancy by the tenant. The tenant says he slipped when bending down in the shower. It appears his knee went into the shower wall when crouching down.
The landlord says the tenant acted carelessly when using the shower and raises the concern that the tenant has a number of bottles on the shower floor which create a risk and implying that the tenant may have slipped on a bottle. The landlord also says that the tenant has not laid a slip proof shower mat to prevent falls, which contributed to the damage being caused carelessly.
I consider the tenant was using the shower in the normal way and his slipping in the shower was an accident. A tenant is not responsible for accidental damage.
The damage is more than fair wear and tear; however the tenant has disproved liability for the damage.
A tenant must notify the landlord as soon as possible after discovery of any damage to the premises, or of the need for any repairs. See Section 40 (1)(d) of the RTA.
The landlord messaged the tenant on 4 May 2024 asking him what had happened to the shower wall lining. The tenant replied on 5 May 2024 saying “I lost my footing while I was taking a shower the other night and accidentally hit the bottom of the wall”. I consider the tenant failed to notify the landlord promptly of the damage. The remedy for a breach is compensation however there is no evidence of any loss as a result of the tenant failing to notify the landlord of the hole.
The claim for the damage in respect of the hole in the shower wall is dismissed. Bond
The claim is respect of the bond is dismissed. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See Section 95 A (1) of the RTA.
The tenant seeks name suppression and as he has been successful in defending the claim I make an order for name suppression.
The landlord sought name suppression if successful but not if they were unsuccessful. The landlord has been largely unsuccessful therefore I do not make an order for name suppression. Filing fee
As the landlord has not been wholly or substantially successful in the claim, I have not made an order for reimbursement of the filing fee. See section 102 of the RTA.

Claims and awards in Tenancy Tribunal application 5048889 — net $60.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
pression of the tenant’s name and identifying details. 2. [The tenant/s] to pay Michelle Stewart as agent for Mauricio A	$60.80	pression of the tenant’s name and identifying details. 2. [The tenant/s] to pay Michelle Stewart as agent for Mauricio A
Net award	$60.80
Total payable by Tenant to Landlord	$60.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Michelle Stewart as agent for Mauricio Aliaga $60.80 immediately for water rates from 16.11.24 to 11.12.24.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing. The landlord attended the hearing by video conference. The tenant attended the hearing by phone.
The landlord has applied for termination, rent arrears, water rates, compensation and reimbursement of the filing fee. Termination
At the hearing the landlord advised that termination was not sought. I therefore dismiss the application for termination. Rent arrears
The tenant has rectified the rent arrears therefore the claim for rent arrears is dismissed. Water rates
The landlord provided a water rates statement for the dates 16.11.24 to
12.24 and I make an order for water rates by consent for the amount of $60.80.

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.
The landlord claims the cost to repair a hole in the shower wall lining.
There is no dispute that the damage was caused during the tenancy by the tenant. The tenant says he slipped when bending down in the shower. It appears his knee went into the shower wall when crouching down.
The landlord says the tenant acted carelessly when using the shower and raises the concern that the tenant has a number of bottles on the shower floor which create a risk and implying that the tenant may have slipped on a bottle. The landlord also says that the tenant has not laid a slip proof shower mat to prevent falls, which contributed to the damage being caused carelessly.
I consider the tenant was using the shower in the normal way and his slipping in the shower was an accident. A tenant is not responsible for accidental damage.
The damage is more than fair wear and tear; however the tenant has disproved liability for the damage.
A tenant must notify the landlord as soon as possible after discovery of any damage to the premises, or of the need for any repairs. See Section 40 (1)(d) of the RTA.
The landlord messaged the tenant on 4 May 2024 asking him what had happened to the shower wall lining. The tenant replied on 5 May 2024 saying “I lost my footing while I was taking a shower the other night and accidentally hit the bottom of the wall”. I consider the tenant failed to notify the landlord promptly of the damage. The remedy for a breach is compensation however there is no evidence of any loss as a result of the tenant failing to notify the landlord of the hole.
The claim for the damage in respect of the hole in the shower wall is dismissed. Bond
The claim is respect of the bond is dismissed. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See Section 95 A (1) of the RTA.
The tenant seeks name suppression and as he has been successful in defending the claim I make an order for name suppression.
The landlord sought name suppression if successful but not if they were unsuccessful. The landlord has been largely unsuccessful therefore I do not make an order for name suppression. Filing fee
As the landlord has not been wholly or substantially successful in the claim, I have not made an order for reimbursement of the filing fee. See section 102 of the RTA.

Tenancy Tribunal case 5048889 — Tenancy dispute

At a glance

Tenancy Tribunal case 5048889 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions