What was the outcome of Tenancy Tribunal case 5050231?

The tribunal order states: Ronald Heremaia Paparoa is to pay Eves Realty Limited $450.78, immediately,

How much money was awarded in case 5050231?

Filing Fee: $27.00 awarded to landlord; Property Damage: $423.78 awarded to landlord

What type of tenancy dispute was case 5050231?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5050231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11654588-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5050231?

The tribunal order states: Ronald Heremaia Paparoa is to pay Eves Realty Limited $450.78, immediately,

How much money was awarded in case 5050231?

Filing Fee: $27.00 awarded to landlord; Property Damage: $423.78 awarded to landlord

What type of tenancy dispute was case 5050231?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5050231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11654588-Tenancy_Tribunal_Order.pdf.

10A Neil Road, Fairy Springs, Rotorua 3015 Tenancy Tribunal Case 5050231 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5050231. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repair bathroom door	$423.78		Repair bathroom door
Filing fee	$27.00		Filing fee

Ms Faiers, representing the landlord, and Mr Papamoa, the tenant, both attended the teleconference hearing.

The landlord has applied for termination of the tenancy, rent arrears, compensation and reimbursement of the filing fee. How much is owed for rent? Should the tenancy be terminated?

The landlord provided rent records but the rent records only went to 30 October 2024. The landlord did not provide an updated rent summary immediately prior to the hearing. At the hearing, the landlord said the tenant owes $4,813.77 to 31 March 2024, but as there was no updated rent summary provided to show this, the landlord was unable to prove this claim. The landlord asked to email in an updated rent summary during the hearing, but the tenant said he would not be able to access email and see or discuss any new evidence sent in during the hearing, so in the interests of fairness, I did not allow the landlord to email in an updated rent summary during the hearing. I note though, that any updated rent summary could have been provided by the landlord before the hearing and could then have been copied to the tenant by them but was not.

As the landlord is unable to prove their rent arrears claim, I dismiss this claim.

The landlord also applied to terminate the tenancy based on the tenant being more than 21 days in arrears. As the landlord did not provide a complete and updated rent summary, the landlord could not prove this claim either and so I dismiss this claim.

I note the tenant said he started a full-time job 2 weeks ago and was willing to make significant payments of around $500.00/week, on top of any weekly rent paid, to reduce any rent arrears. The parties can make their own arrangements about this now.

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.

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 said the tenant broke the bathroom door and it cost them $423.78 to repair the broken bathroom door. The landlord had sent in the incorrect invoice for this and so could not prove the amount of this claim. However, the tenant acknowledged that the bathroom door had been accidentally broken by his cousins when at the property and consented to pay the amount claimed by the landlord to repair the bathroom door in the amount of $423.78. Therefore, as the tenant has consented to pay this, I award the landlord $423.78 to repair the bathroom door.

Because Eves Realty Limited has partly succeeded with the claim I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5050231. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repair bathroom door	$423.78		Repair bathroom door
Filing fee	$27.00		Filing fee

Order

Ronald Heremaia Paparoa is to pay Eves Realty Limited $450.78, immediately, calculated as shown in table below.
00 Total award$450.78 Total tenant to pay landlord $450.78
All other claims are dismissed.

Reasons

Ms Faiers, representing the landlord, and Mr Papamoa, the tenant, both attended the teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation and reimbursement of the filing fee. How much is owed for rent? Should the tenancy be terminated?
The landlord provided rent records but the rent records only went to 30 October 2024. The landlord did not provide an updated rent summary immediately prior to the hearing. At the hearing, the landlord said the tenant owes $4,813.77 to 31 March 2024, but as there was no updated rent summary provided to show this, the landlord was unable to prove this claim. The landlord asked to email in an updated rent summary during the hearing, but the tenant said he would not be able to access email and see or discuss any new evidence sent in during the hearing, so in the interests of fairness, I did not allow the landlord to email in an updated rent summary during the hearing. I note though, that any updated rent summary could have been provided by the landlord before the hearing and could then have been copied to the tenant by them but was not.
As the landlord is unable to prove their rent arrears claim, I dismiss this claim.
The landlord also applied to terminate the tenancy based on the tenant being more than 21 days in arrears. As the landlord did not provide a complete and updated rent summary, the landlord could not prove this claim either and so I dismiss this claim.
I note the tenant said he started a full-time job 2 weeks ago and was willing to make significant payments of around $500.00/week, on top of any weekly rent paid, to reduce any rent arrears. The parties can make their own arrangements about this now.

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.
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 said the tenant broke the bathroom door and it cost them $423.78 to repair the broken bathroom door. The landlord had sent in the incorrect invoice for this and so could not prove the amount of this claim. However, the tenant acknowledged that the bathroom door had been accidentally broken by his cousins when at the property and consented to pay the amount claimed by the landlord to repair the bathroom door in the amount of $423.78. Therefore, as the tenant has consented to pay this, I award the landlord $423.78 to repair the bathroom door.
Because Eves Realty Limited has partly succeeded with the claim I reimburse the filing fee.

Tenancy Tribunal case 5050231 — Property damage at 10A Neil Road, Fairy Springs, Rotorua 3015

At a glance

Tenancy Tribunal case 5050231 — Property damage at 10A Neil Road, Fairy Springs, Rotorua 3015

At a glance

Claims & awards

Dismissed claims

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

Claims & awards

Dismissed claims

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