What was Tenancy Tribunal case 5057248 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 5057248?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $560.00 awarded to landlord; Doors And Walls: $859.46 awarded to landlord

What type of tenancy dispute was case 5057248?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5057248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633910-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5057248 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 5057248?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $560.00 awarded to landlord; Doors And Walls: $859.46 awarded to landlord

What type of tenancy dispute was case 5057248?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5057248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633910-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5057248 — Property damage

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New Zealand Tenancy Tribunal Case 5057248 — 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 5057248 — net $1,446.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2024	$560.00	Rent arrears to 21 October 2024
Repairs: Doors and walls	$859.46	Repairs: Doors and walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,446.46
Total payable by Tenant to Landlord	$1,446.46

Claims and awards for application 5057248 — net $1,446.46 NZD. Verify on MoJ.

Rent arrears to 21 October 2024

Amount: $560.00
Awarded to: Landlord
Reason: Rent arrears to 21 October 2024

Repairs: Doors and walls

Amount: $859.46
Awarded to: Landlord
Reason: Repairs: Doors and walls

Filing fee reimbursement

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

Net award

Landlord $1,446.46

Total payable by Tenant to Landlord

Landlord $1,446.46

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Danny Livingston must pay [The landlord/s] $1,446.46 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 395.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of a boarding house tenancy.

How much is owed for rent?

The tenancy ended on 21 October 2024. The landlord provided rent records which prove the amount owing of $560.00 at 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. See sections 40(2)(a), 41, 49B, 66K(2), 66L of the 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 claims for damage to the laundry door in the room which had a large crack running across it. This was unable to be repaired and a replacement door was required. In addition, there were two holes cut into the walls within the room and the landlord says that gib needed to be installed, together with plaster and paint. The landlord has provided photographs of the damage and an invoice for $859.46 to remedy the damage caused.
The landlord claims that this damaged was intentional. The photographs show that the holes are clearly cut intentionally, as they are perfect rectangles. In addition, the damage to the door was of such an extent that it could only have been caused intentionally. The landlord also advised that the tenant had admitted to causing the damage. The landlord did not obtain insurance for the repairs.
The following damage was caused during the tenancy: Door and walls damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 27 March 2025

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 5057248 — net $1,446.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2024	$560.00	Rent arrears to 21 October 2024
Repairs: Doors and walls	$859.46	Repairs: Doors and walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,446.46
Total payable by Tenant to Landlord	$1,446.46

Claims and awards for application 5057248 — net $1,446.46 NZD. Verify on MoJ.

Rent arrears to 21 October 2024

Amount: $560.00
Awarded to: Landlord
Reason: Rent arrears to 21 October 2024

Repairs: Doors and walls

Amount: $859.46
Awarded to: Landlord
Reason: Repairs: Doors and walls

Filing fee reimbursement

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

Net award

Landlord $1,446.46

Total payable by Tenant to Landlord

Landlord $1,446.46

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Danny Livingston must pay [The landlord/s] $1,446.46 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 395.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of a boarding house tenancy.

How much is owed for rent?

The tenancy ended on 21 October 2024. The landlord provided rent records which prove the amount owing of $560.00 at 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. See sections 40(2)(a), 41, 49B, 66K(2), 66L of the 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 claims for damage to the laundry door in the room which had a large crack running across it. This was unable to be repaired and a replacement door was required. In addition, there were two holes cut into the walls within the room and the landlord says that gib needed to be installed, together with plaster and paint. The landlord has provided photographs of the damage and an invoice for $859.46 to remedy the damage caused.
The landlord claims that this damaged was intentional. The photographs show that the holes are clearly cut intentionally, as they are perfect rectangles. In addition, the damage to the door was of such an extent that it could only have been caused intentionally. The landlord also advised that the tenant had admitted to causing the damage. The landlord did not obtain insurance for the repairs.
The following damage was caused during the tenancy: Door and walls damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 27 March 2025

Tenancy Tribunal case 5057248 — Property damage

At a glance

Tenancy Tribunal case 5057248 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions