How much money was awarded in case 5240133?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 5240133?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5240133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12002522-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5240133?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 5240133?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5240133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12002522-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5240133 — Property damage

Q: What was Tenancy Tribunal case 5240133 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 5240133 — net $537.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess on flooring damage claims	$2,750.00	Insurance excess on flooring damage claims
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$537.00
Total payable by Tenant to Landlord	$537.00

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

Ellen Gray must pay [The landlord/s] $537.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing.

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 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. The landlord is insured. The tenancy agreement entered into by the parties records that the excess on the policy of insurance is $550.00 on each and every claim. The landlord’s current insurance policy carries an excess of $750.00. The tenant was not informed of that increase. The tenant’s liability is accordingly limited to the lesser sum of $550.00 on each claim.

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: Damage was caused to the floor in the lounge, hallway and each of three separate bedrooms. The parties accepted that the damage to the hardwood floors had been caused variously by the tenants dogs, whose claws have scratched the surface and by the tenant in shifting items of furniture. The landlord has provided photos of the damage and costings for the repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in the hearing and the tenant’s application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5240133 — net $537.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess on flooring damage claims	$2,750.00	Insurance excess on flooring damage claims
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$537.00
Total payable by Tenant to Landlord	$537.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ellen Gray must pay [The landlord/s] $537.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing.
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 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. The landlord is insured. The tenancy agreement entered into by the parties records that the excess on the policy of insurance is $550.00 on each and every claim. The landlord’s current insurance policy carries an excess of $750.00. The tenant was not informed of that increase. The tenant’s liability is accordingly limited to the lesser sum of $550.00 on each claim.
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: Damage was caused to the floor in the lounge, hallway and each of three separate bedrooms. The parties accepted that the damage to the hardwood floors had been caused variously by the tenants dogs, whose claws have scratched the surface and by the tenant in shifting items of furniture. The landlord has provided photos of the damage and costings for the repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in the hearing and the tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5240133 — Property damage

At a glance

Tenancy Tribunal case 5240133 — Property damage

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