How much money was awarded in case 5062430?

Property Damage: $150.00 awarded to landlord

What type of tenancy dispute was case 5062430?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5062430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11376793-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5062430?

Property Damage: $150.00 awarded to landlord

What type of tenancy dispute was case 5062430?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5062430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11376793-Tribunal_Order_Redacted.pdf.

Room 220, 65 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5062430 — Property damage

Q: What was Tenancy Tribunal case 5062430 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5062430 — net $150.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for repair to door	$150.00	Compensation for repair to door
Net award	$150.00
Bond	$1,520.00
Total payable by Tenant to Landlord	$150.00

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 Infinite Property Management Nz Limited T/As Harcourts Newmarket As Agent For Golden Ocean Capital Limited $150.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) immediately apportioned as follows: Infinite Property Management Nz Limited T/As Harcourts Newmarket As Agent For Golden Ocean Capital Limited: $150.00 [The tenant/s]: $1,370.00

Reasons

Both parties attended the hearing which was held by teleconference on 29 January 2025.

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 Residential Tenancies Act 1986 (“RTA”).

The landlord seeks compensation totalling $831 for repairs to a door and a hole in the wall. The landlord has presented photographs of the damage, but no invoice is on the Tribunal file.

The tenant accepts responsibility for damage to the door but disputes liability for the wall damage, stating that the hole was already present at the start of the tenancy. The tenant referred to photographs taken at the start which shows the visible hole, supporting her argument that the damage was pre-existing.

The landlord disputes this and asserts that the hole was not present at the start of the tenancy. However, the landlord has not produced an ingoing property inspection report or any other corroborative evidence to confirm the property’s condition at the beginning of the tenancy.

The burden of proof lies with the applicant landlord to establish, on the balance of probabilities, that the damage occurred during the tenancy and was caused by the tenant. In the absence of a property inspection report or compelling evidence confirming that the wall was undamaged at the tenancy’s commencement, I find the landlord’s evidence insufficient to support the claim for wall repair. Therefore, the claim for compensation for wall damage repair is dismissed.

Regarding the door damage, the hearing was briefly adjourned to provide the landlord an opportunity to submit an invoice supporting their claim. However, no invoice has been provided. Without this evidence, and given that the tenant has accepted liability for the damage, I consider it reasonable to award compensation of $150.00 as a fair estimate of the cost of repair or replacement. This amount reflects a reasonable assessment of the door damage, taking into account depreciation and potential betterment, and the absence of supporting documentation from the landlord.

As the landlord has not been wholly or substantially successful with the claim, I decline to reimburse the filing fee.

The landlord has requested a suppression order under section 95A RTA, which allows for suppression of identifying details only if a party has been wholly or substantially successful or if there are other justifying grounds. In this case, the landlord has not been wholly or substantially successful in their claim, nor have they provided additional reasons to warrant suppression.

Conversely, the tenant has successfully defended part of the claim while accepting liability for the other portion. I also acknowledge the tenancy was provided as emergency housing for sensitive reasons. Given these considerations, publishing the tenant’s name could have unintended consequences, which outweigh any public interest in disclosure.

In these circumstances, I find it appropriate to grant suppression of the tenant’s name. However, as there are no compelling grounds justifying suppression for the landlord, their request is declined.

Claims and awards in Tenancy Tribunal application 5062430 — net $150.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for repair to door	$150.00	Compensation for repair to door
Net award	$150.00
Bond	$1,520.00
Total payable by Tenant to Landlord	$150.00

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 Infinite Property Management Nz Limited T/As Harcourts Newmarket As Agent For Golden Ocean Capital Limited $150.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) immediately apportioned as follows: Infinite Property Management Nz Limited T/As Harcourts Newmarket As Agent For Golden Ocean Capital Limited: $150.00 [The tenant/s]: $1,370.00

Reasons

Both parties attended the hearing which was held by teleconference on 29 January 2025.
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 Residential Tenancies Act 1986 (“RTA”).
The landlord seeks compensation totalling $831 for repairs to a door and a hole in the wall. The landlord has presented photographs of the damage, but no invoice is on the Tribunal file.
The tenant accepts responsibility for damage to the door but disputes liability for the wall damage, stating that the hole was already present at the start of the tenancy. The tenant referred to photographs taken at the start which shows the visible hole, supporting her argument that the damage was pre-existing.
The landlord disputes this and asserts that the hole was not present at the start of the tenancy. However, the landlord has not produced an ingoing property inspection report or any other corroborative evidence to confirm the property’s condition at the beginning of the tenancy.
The burden of proof lies with the applicant landlord to establish, on the balance of probabilities, that the damage occurred during the tenancy and was caused by the tenant. In the absence of a property inspection report or compelling evidence confirming that the wall was undamaged at the tenancy’s commencement, I find the landlord’s evidence insufficient to support the claim for wall repair. Therefore, the claim for compensation for wall damage repair is dismissed.
Regarding the door damage, the hearing was briefly adjourned to provide the landlord an opportunity to submit an invoice supporting their claim. However, no invoice has been provided. Without this evidence, and given that the tenant has accepted liability for the damage, I consider it reasonable to award compensation of $150.00 as a fair estimate of the cost of repair or replacement. This amount reflects a reasonable assessment of the door damage, taking into account depreciation and potential betterment, and the absence of supporting documentation from the landlord.
As the landlord has not been wholly or substantially successful with the claim, I decline to reimburse the filing fee.
The landlord has requested a suppression order under section 95A RTA, which allows for suppression of identifying details only if a party has been wholly or substantially successful or if there are other justifying grounds. In this case, the landlord has not been wholly or substantially successful in their claim, nor have they provided additional reasons to warrant suppression.
Conversely, the tenant has successfully defended part of the claim while accepting liability for the other portion. I also acknowledge the tenancy was provided as emergency housing for sensitive reasons. Given these considerations, publishing the tenant’s name could have unintended consequences, which outweigh any public interest in disclosure.
In these circumstances, I find it appropriate to grant suppression of the tenant’s name. However, as there are no compelling grounds justifying suppression for the landlord, their request is declined.

Tenancy Tribunal case 5062430 — Property damage at Room 220, 65 Swanson Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5062430 — Property damage at Room 220, 65 Swanson Road, Henderson, Auckland 0610

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