How much money was awarded in case 5222811?

Property Damage: $1,250.00 awarded to landlord; Rent Credit: $6.50 awarded to tenant

What type of tenancy dispute was case 5222811?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5222811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970635-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5222811?

Property Damage: $1,250.00 awarded to landlord; Rent Credit: $6.50 awarded to tenant

What type of tenancy dispute was case 5222811?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5222811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970635-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 61 Mangere Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5222811 — Property damage

Q: What was Tenancy Tribunal case 5222811 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 5222811 — net $1,243.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Insurance excess	$1,250.00		Insurance excess
Rent credit		$6.50	Rent credit
Total award	$1,250.00	$6.50
Net award	$1,243.50
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,243.50

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.

[The tenant/s] to pay [The landlord/s] $1,243.50 from the bond for an insurance excess, as calculated and shown in table below:

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,243.50 [The tenant/s]: $556.50

I am dismissing the landlord claim for the management service fee.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, insurance excess, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant seeks to refund his bond and oppose the landlords claim for the insurance excess, and the property management fee charged. He also seeks the reimbursement of the filing fee.

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 property was damaged during the tenancy when the tenants truck hit the side of the house. There was significant damage done to the house which required extensive repairs. The landlord made an insurance claim which was accepted. The landlord seeks to claim the excess costs of $1250.00 from the tenant.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant does not feel he should have to pay the insurance excess. However, tenants are liable for careless or accidental damage to a rental property to a maximum four weeks rent or the insurance excess.

I find that the tenant is liable to pay for the insurance excess of $1250.00.

.The landlord also seeks to claim $625.00 for a management service fee for sorting out the insurance claim and legal costs. Typically, the landlord cannot charge a tenant for sorting out an insurance claim relating to property damage. I do not find that the tenant should be charged associated costs relating to the insurance claim. I am dismissing the landlords claim for the management service fee.

As both parties have been partially successful, I am not awarding either party the reimbursement of the filing fee.

Both parties have applied for suppression of their names and details and as both have been successful, I am granting suppression of their names and details.

There was a small overpayment of rent made by the tenant of $6.50, which I have noted in this order.

The bond is to be split between the parties as set out above. The bond centre is to refund the landlord the sum of $1243.50 and $556.50 to the tenant.

Claims and awards in Tenancy Tribunal application 5222811 — net $1,243.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Insurance excess	$1,250.00		Insurance excess
Rent credit		$6.50	Rent credit
Total award	$1,250.00	$6.50
Net award	$1,243.50
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,243.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
[The tenant/s] to pay [The landlord/s] $1,243.50 from the bond for an insurance excess, as calculated and shown in table below:
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,243.50 [The tenant/s]: $556.50
I am dismissing the landlord claim for the management service fee.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, insurance excess, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant seeks to refund his bond and oppose the landlords claim for the insurance excess, and the property management fee charged. He also seeks the reimbursement of the filing fee.

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 property was damaged during the tenancy when the tenants truck hit the side of the house. There was significant damage done to the house which required extensive repairs. The landlord made an insurance claim which was accepted. The landlord seeks to claim the excess costs of $1250.00 from the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant does not feel he should have to pay the insurance excess. However, tenants are liable for careless or accidental damage to a rental property to a maximum four weeks rent or the insurance excess.
I find that the tenant is liable to pay for the insurance excess of $1250.00.
.The landlord also seeks to claim $625.00 for a management service fee for sorting out the insurance claim and legal costs. Typically, the landlord cannot charge a tenant for sorting out an insurance claim relating to property damage. I do not find that the tenant should be charged associated costs relating to the insurance claim. I am dismissing the landlords claim for the management service fee.
As both parties have been partially successful, I am not awarding either party the reimbursement of the filing fee.
Both parties have applied for suppression of their names and details and as both have been successful, I am granting suppression of their names and details.
There was a small overpayment of rent made by the tenant of $6.50, which I have noted in this order.
The bond is to be split between the parties as set out above. The bond centre is to refund the landlord the sum of $1243.50 and $556.50 to the tenant.

Tenancy Tribunal case 5222811 — Property damage at Unit/Flat 1, 61 Mangere Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5222811 — Property damage at Unit/Flat 1, 61 Mangere Road, Otahuhu, Auckland 1062

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

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

Frequently asked questions