What was Tenancy Tribunal case 5085868 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 5085868?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085868?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11581860-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5085868 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 5085868?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085868?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11581860-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5085868 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. [Mr S] represented the landlord.

The landlord applied for compensation for damage to the back door at the premises.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).

There was no dispute that the damage to the back door was not caused by a person at the premises with [Ms L’s] permission. [Ms L] believes that it may have been caused by her ex-partner trying to break into the premises. She reported the incidents to the Police (there were two incidents where the door was damaged).

[Ms L] has therefore established that the damage was not caused by her or by any other person at the premises with her permission. She is therefore not liable for the damage and the application is dismissed. Suppression

The landlord applied, in his application, for a suppression order.

Where a party has applied for name suppression and has been wholly or substantially successful in the proceedings, I must order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in section 95A of the Residential Tenancies Act 1986 apply). The landlord has not been successful in his claim. However, section 95A(4) of the Act provides that the Tribunal may, having regard to the interests of the parties and the public interest, order that the name and identifying details of any party be suppressed.

I consider that this is an appropriate case to exercise my discretion in the landlord’s and the tenant’s favour and order suppression of both of their names and identifying details. Given the nature of the claim, in particular the cause of the damage to the door, I do not consider that it is in either the landlord’s or the tenant’s interests or that there is any public interest in the decision being published.

Reasons

Both parties attended the hearing. [Mr S] represented the landlord.

The landlord applied for compensation for damage to the back door at the premises.

Is the tenant responsible for the damage to the premises?

The landlord applied, in his application, for a suppression order.

Tenancy Tribunal case 5085868 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5085868 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions