What was Tenancy Tribunal case 5159010 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 5159010?

Rent Arrears: $141.43 awarded to landlord; Smoke Alarms: $322.44 awarded to landlord; Water Rates: $528.52 awarded to landlord

What type of tenancy dispute was case 5159010?

The primary dispute was Smoke alarms. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5159010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11827893-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5159010 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 5159010?

Rent Arrears: $141.43 awarded to landlord; Smoke Alarms: $322.44 awarded to landlord; Water Rates: $528.52 awarded to landlord

What type of tenancy dispute was case 5159010?

The primary dispute was Smoke alarms. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5159010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11827893-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5159010 — Smoke alarms

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New Zealand Tenancy Tribunal Case 5159010 — Smoke alarms | 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 5159010 — net $992.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$141.43	Rent arrears
Water rates: and electricity	$528.52	Water rates: and electricity
Smoke alarm call out and repair	$322.44	Smoke alarm call out and repair
Net award	$992.39
Total payable by Tenant to Landlord	$992.39

Claims and awards for application 5159010 — net $992.39 NZD. Verify on MoJ.

Rent arrears

Amount: $141.43
Awarded to: Landlord
Reason: Rent arrears

Water rates: and electricity

Amount: $528.52
Awarded to: Landlord
Reason: Water rates: and electricity

Smoke alarm call out and repair

Amount: $322.44
Awarded to: Landlord
Reason: Smoke alarm call out and repair

Net award

Landlord $992.39

Total payable by Tenant to Landlord

Landlord $992.39

Claim types — money lines allowed on this order

Rent arrears Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Siobhrin Burmester must pay [The landlord/s] $992.39 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent, water rates and electricity charges?

The tenancy ended on 9 January 2025.The landlord provided rent records, water rates and electricity records, which prove the amount owing for rent was $141.43 and water and electricity charges was $528.52.

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: The tenant burnt some toast in her unit. This caused the fire alarm to activate. The contractor arrived and has had to replace the smoke detector, due to smoke debris in the unit potentially causing future activations. The amount claimed by the landlord is for the balance remaining owing, as the tenant has already made a payment towards the cost. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details is ordered.

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 5159010 — net $992.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$141.43	Rent arrears
Water rates: and electricity	$528.52	Water rates: and electricity
Smoke alarm call out and repair	$322.44	Smoke alarm call out and repair
Net award	$992.39
Total payable by Tenant to Landlord	$992.39

Claims and awards for application 5159010 — net $992.39 NZD. Verify on MoJ.

Rent arrears

Amount: $141.43
Awarded to: Landlord
Reason: Rent arrears

Water rates: and electricity

Amount: $528.52
Awarded to: Landlord
Reason: Water rates: and electricity

Smoke alarm call out and repair

Amount: $322.44
Awarded to: Landlord
Reason: Smoke alarm call out and repair

Net award

Landlord $992.39

Total payable by Tenant to Landlord

Landlord $992.39

Claim types — money lines allowed on this order

Rent arrears Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Siobhrin Burmester must pay [The landlord/s] $992.39 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent, water rates and electricity charges?

The tenancy ended on 9 January 2025.The landlord provided rent records, water rates and electricity records, which prove the amount owing for rent was $141.43 and water and electricity charges was $528.52.

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: The tenant burnt some toast in her unit. This caused the fire alarm to activate. The contractor arrived and has had to replace the smoke detector, due to smoke debris in the unit potentially causing future activations. The amount claimed by the landlord is for the balance remaining owing, as the tenant has already made a payment towards the cost. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5159010 — Smoke alarms

At a glance

Tenancy Tribunal case 5159010 — Smoke alarms

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and electricity charges?

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, water rates and electricity charges?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions