What was the outcome of Tenancy Tribunal case 5055040?

The tribunal order states: Des Lavender to pay Liz Davies $729.56 from the bond, for repairs.

How much money was awarded in case 5055040?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5055040?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5055040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318400-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5055040?

The tribunal order states: Des Lavender to pay Liz Davies $729.56 from the bond, for repairs.

How much money was awarded in case 5055040?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5055040?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5055040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318400-Tenancy_Tribunal_Order.pdf.

1 Mercer Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 5055040 — Property damage

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Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

The landlord has applied for compensation for repair costs, capped at the total of the remaining bond.

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 following damage was caused during the tenancy: a. Hallway door painted a different colour and to an unacceptable standard. b. Bedroom door damaged and roughly repaired – further repairs required. c. Bedroom walls had some holes patched by the tenant but they required finishing and repainting. d. The vanity had a chip out of it. e. The oven was damaged and replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is capped per the landlord’s request.

As the landlord has capped the claim at the bond total, which is already awarded, I do not award the filing fee.

Reasons

The landlord has applied for compensation for repair costs, capped at the total of the remaining bond.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is capped per the landlord’s request.

As the landlord has capped the claim at the bond total, which is already awarded, I do not award the filing fee.

Tenancy Tribunal case 5055040 — Property damage at 1 Mercer Street, Kensington, Whangarei 0112

At a glance

Tenancy Tribunal case 5055040 — Property damage at 1 Mercer Street, Kensington, Whangarei 0112

At a glance

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

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