What was Tenancy Tribunal case 5252546 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 5252546?

Rubbish Removal: $1,483.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power Bill By Consent: $36.92 awarded to landlord; Property Damage: $69.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Water Rates: $86.19 awarded to landlord

What type of tenancy dispute was case 5252546?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5252546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12313899-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5252546 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 5252546?

Rubbish Removal: $1,483.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power Bill By Consent: $36.92 awarded to landlord; Property Damage: $69.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Water Rates: $86.19 awarded to landlord

What type of tenancy dispute was case 5252546?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5252546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12313899-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5252546 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5252546 — net $2,162.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: by consent	$86.19	Water rates: by consent
Cleaning: Rubbish removal & repair walls by consent	$1,483.50	Cleaning: Rubbish removal & repair walls by consent
Power bill by consent	$36.92	Power bill by consent
Gate remote replacement by consent	$69.00	Gate remote replacement by consent
Window repairs	$460.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,162.61
Total payable by Tenant to Landlord	$2,162.61

Both parties attended the hearing by telephone.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The Tenant has agreed to pay the Landlord for their claims for water rates, power bill, rubbish removal, cleaning and wall repairs but not the repair of the kitchen window.

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 kitchen window.

The Landlord claimed $460.00 for the repair of the broken kitchen window. To support this claim, they submitted ingoing and outgoing inspection reports along with an invoice. They stated that the property was brand new at the commencement of the tenancy. The Landlord contends that the damage exceeds fair wear and tear and was caused intentionally.

The Tenant stated that the damage occurred while attempting to close the window, which was positioned too high. They explained that they had to apply force to shut it, resulting in accidental breakage.

In considering the evidence, particularly the photograph of the window, I find that the nature of the damage appears more consistent with an object being thrown at the window, rather than it breaking due to forceful closing.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenant has agreed to much of the claims, they have been substantially successful and name suppression will be granted to the Tenant also.

Claims and awards in Tenancy Tribunal application 5252546 — net $2,162.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: by consent	$86.19	Water rates: by consent
Cleaning: Rubbish removal & repair walls by consent	$1,483.50	Cleaning: Rubbish removal & repair walls by consent
Power bill by consent	$36.92	Power bill by consent
Gate remote replacement by consent	$69.00	Gate remote replacement by consent
Window repairs	$460.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,162.61
Total payable by Tenant to Landlord	$2,162.61

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $2,162.61 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The Tenant has agreed to pay the Landlord for their claims for water rates, power bill, rubbish removal, cleaning and wall repairs but not the repair of the kitchen window.

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 kitchen window.
The Landlord claimed $460.00 for the repair of the broken kitchen window. To support this claim, they submitted ingoing and outgoing inspection reports along with an invoice. They stated that the property was brand new at the commencement of the tenancy. The Landlord contends that the damage exceeds fair wear and tear and was caused intentionally.
The Tenant stated that the damage occurred while attempting to close the window, which was positioned too high. They explained that they had to apply force to shut it, resulting in accidental breakage.
In considering the evidence, particularly the photograph of the window, I find that the nature of the damage appears more consistent with an object being thrown at the window, rather than it breaking due to forceful closing.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenant has agreed to much of the claims, they have been substantially successful and name suppression will be granted to the Tenant also.

Tenancy Tribunal case 5252546 — Property damage

At a glance

Tenancy Tribunal case 5252546 — 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