What was Tenancy Tribunal case 5285519 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 5285519?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5285519?

The dispute type was not classified.

Where can I read the official tribunal order for case 5285519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12349449-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5285519 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 5285519?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5285519?

The dispute type was not classified.

Where can I read the official tribunal order for case 5285519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12349449-Tribunal_Order_Redacted.pdf.

12 Nottingham Road, Omokoroa, Omokoroa 3114 Tenancy Tribunal Case 5285519 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The landlord has applied for compensation 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 Residential Tenancies act 1986 (RTA).

There is a claim for repairing a wall in the lounge. I have good photos of the damage and the repair. The tenant said the damage was already there when he moved in. This is the landlord’s claim to prove. The landlord did not provide me with a photo showing the lounge wall was undamaged at the start of the tenancy. I find the claim is not proved and it is dismissed.

There is a claim for replacing the retractable clothesline in the garage. The tenant said he did not damage the clothes line and he provided a written statement from someone who said the line was “uneven” before this tenancy started. The landlord did not have a photo showing the condition of the line when the tenancy started. I find the landlord has not proved the damage happened during the tenancy and the claim is dismissed.

There is a claim for replacing some kitchen flooring. The landlord has proved the damage happened during the tenancy and I accept the damage is more than fair wear and tear. The tenant said he and his wife damaged the floor when they moved their freezer out. This was a freezer he bought from the landlord when the tenancy started. They did not realise that one of the feet was missing the stopper, and that steel foot gouged the flooring.

Having consider the submissions from the parties and seen the photos, it seems most likely to me the damage was accidental. I do not find there was intentional or careless damage and the claim is dismissed.

Should I allow suppression?

The tenant is the most successful party. I am using my discretion to allow suppression because there is no public interest in his name. See section 95A RTA.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

Should I allow suppression?

The tenant is the most successful party. I am using my discretion to allow suppression because there is no public interest in his name. See section 95A RTA.

Tenancy Tribunal case 5285519 — Tenancy dispute at 12 Nottingham Road, Omokoroa, Omokoroa 3114

At a glance

Claims & awards

Tenancy Tribunal case 5285519 — Tenancy dispute at 12 Nottingham Road, Omokoroa, Omokoroa 3114

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Should I allow suppression?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the tenant responsible for the damage to the premises?

Should I allow suppression?

Topics & place

Residential Tenancies Act sections

Frequently asked questions