What was Tenancy Tribunal case 5298376 about?

The tribunal order states: [The tenant/s] must pay Hammond & Co Property Limited As Agent

How much money was awarded in case 5298376?

Filing Fee: $28.00 awarded to landlord; Property Damage: $293.90 awarded to landlord; Property Damage: $296.49 awarded to landlord

What type of tenancy dispute was case 5298376?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5298376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630895-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5298376 about?

The tribunal order states: [The tenant/s] must pay Hammond & Co Property Limited As Agent

How much money was awarded in case 5298376?

Filing Fee: $28.00 awarded to landlord; Property Damage: $293.90 awarded to landlord; Property Damage: $296.49 awarded to landlord

What type of tenancy dispute was case 5298376?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5298376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630895-Tenancy_Tribunal_Order.pdf.

Unit/Flat GA, 32 Eden Crescent, Auckland Central, Tenancy Tribunal Case 5298376 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5298376 — net $618.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Balance of insurance excess	$296.49	Repairs: Balance of insurance excess
Lock/key replacement	$293.90	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$618.39
Total payable by Tenant to Landlord	$618.39

The landlord attended the video hearing.

The tenant did not attend the video hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 has been given

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

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the keys. The landlord provided an invoice from a locksmith for the new keys ($293.90).

The amount ordered is proven.

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 tenancy agreement records that the landlord is insured and that the landlord’s policy of insurance carries an excess of $400.00. The landlord’s evidence was that the landlord is no longer insured, but that the tenant had never been advised of this. In those circumstances, the limitation of tenant liability remains.

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 bathroom sink was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a photo of the damaged sink. The landlord also provided a copy of an invoice for replacement costs of $1,081.00. The tenant has already paid $103.51 from the bond deduction towards this claim. The tenant’s maximum liability is $400.00. The tenant is ordered to pay the balance of $296.49.

The amount ordered is proven.

As Hammond & Co Property Limited As Agent For Lionel Peyrard has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5298376 — net $618.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Balance of insurance excess	$296.49	Repairs: Balance of insurance excess
Lock/key replacement	$293.90	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$618.39
Total payable by Tenant to Landlord	$618.39

Order

[The tenant/s] must pay Hammond & Co Property Limited As Agent For Lionel Peyrard $618.39 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
The tenant did not attend the video hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 has been given
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The landlord provided an invoice from a locksmith for the new keys ($293.90).
The amount ordered is proven.

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 tenancy agreement records that the landlord is insured and that the landlord’s policy of insurance carries an excess of $400.00. The landlord’s evidence was that the landlord is no longer insured, but that the tenant had never been advised of this. In those circumstances, the limitation of tenant liability remains.
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 bathroom sink was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a photo of the damaged sink. The landlord also provided a copy of an invoice for replacement costs of $1,081.00. The tenant has already paid $103.51 from the bond deduction towards this claim. The tenant’s maximum liability is $400.00. The tenant is ordered to pay the balance of $296.49.
The amount ordered is proven.
As Hammond & Co Property Limited As Agent For Lionel Peyrard has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5298376 — Property damage at Unit/Flat GA, 32 Eden Crescent, Auckland Central,

At a glance

Tenancy Tribunal case 5298376 — Property damage at Unit/Flat GA, 32 Eden Crescent, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions