What was Tenancy Tribunal case 5193434 about?

The tribunal order states: [The tenant/s] must pay Riverstone Rentals Limited $3,074.50 immediately,

How much money was awarded in case 5193434?

Filing Fee: $27.00 awarded to landlord; Property Damage: $3,047.50 awarded to landlord

What type of tenancy dispute was case 5193434?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5193434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12483523-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5193434 about?

The tribunal order states: [The tenant/s] must pay Riverstone Rentals Limited $3,074.50 immediately,

How much money was awarded in case 5193434?

Filing Fee: $27.00 awarded to landlord; Property Damage: $3,047.50 awarded to landlord

What type of tenancy dispute was case 5193434?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5193434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12483523-Tribunal_Order.pdf.

Unit/Flat Flat 5, 73 Hatea Drive, Regent, Whangarei 0112 Tenancy Tribunal Case 5193434 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5193434 — net $3,074.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$3,047.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,074.50
Total payable by Tenant to Landlord	$3,074.50

The landlord attended the remote hearing.

A telephone call was made to the tenant on the number provided at the allocated hearing time. The call was answered. Upon being advised that it was the Tenancy Tribunal calling, the call was disconnected. 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 of the hearing was given to the tenant.

The landlord has applied for compensation 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 RTA.

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 lives on the second level of a block of flats which overlooks the carport for the flats. A visitor to the tenant’s unit has thrown a set of weights from the balcony of the premises onto the roof of the carport causing damage. The landlord said that the tenant admitted that this is what had occurred. The visitor’s actions are in my view intentional and the tenant is liable for anything done by a person on the premises with their permission. The tenant has not disproved liability for the damage.

The landlord provided photos of the damage, the weights and a quote for the repairs of $3,047.50.

The amounts ordered are proved.

As Riverstone Rentals Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5193434 — net $3,074.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$3,047.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,074.50
Total payable by Tenant to Landlord	$3,074.50

Order

[The tenant/s] must pay Riverstone Rentals Limited $3,074.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
A telephone call was made to the tenant on the number provided at the allocated hearing time. The call was answered. Upon being advised that it was the Tenancy Tribunal calling, the call was disconnected. 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 of the hearing was given to the tenant.
The landlord has applied for compensation 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 RTA.
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 lives on the second level of a block of flats which overlooks the carport for the flats. A visitor to the tenant’s unit has thrown a set of weights from the balcony of the premises onto the roof of the carport causing damage. The landlord said that the tenant admitted that this is what had occurred. The visitor’s actions are in my view intentional and the tenant is liable for anything done by a person on the premises with their permission. The tenant has not disproved liability for the damage.
The landlord provided photos of the damage, the weights and a quote for the repairs of $3,047.50.
The amounts ordered are proved.
As Riverstone Rentals Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5193434 — Property damage at Unit/Flat Flat 5, 73 Hatea Drive, Regent, Whangarei 0112

At a glance

Tenancy Tribunal case 5193434 — Property damage at Unit/Flat Flat 5, 73 Hatea Drive, Regent, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions