What was Tenancy Tribunal case 5316282 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Barfoot & Thompson

How much money was awarded in case 5316282?

Filing Fee: $28.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5316282?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5316282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12551138-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5316282 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Barfoot & Thompson

How much money was awarded in case 5316282?

Filing Fee: $28.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5316282?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5316282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12551138-Tenancy_Tribunal_Order.pdf.

22B Ngaio Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5316282 — Property damage

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22B Ngaio Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5316282 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5316282 — net $428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess on repair to door	$400.00	to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$428.00
Bond	$516.00
Total payable by Tenant to Landlord	$428.00

Claims and awards for application 5316282 — net $428.00 NZD. Verify on MoJ.

Insurance excess on repair to door

Amount: $400.00
Awarded to: Landlord
Reason: to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $428.00

Bond

Landlord $516.00

Total payable by Tenant to Landlord

Landlord $428.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Barfoot & Thompson Limited As Agent For Be Global Family Trust Cara Jin $428.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $516.00 (6445471-003) immediately apportioned as follows: Barfoot & Thompson Limited As Agent For Be Global Family Trust Cara Jin: $428.00 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $88.00

Reasons

Both parties attended the 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 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 insurance excess referred to in the tenants’ tenancy agreement is $400.00 on each and every claim.
The front door of the premises was damaged by the tenants during the tenancy. The tenants said that they had installed a doorbell on the front door. When removing the doorbell at the end of the tenancy, the adhesive became stuck to the door causing damage to the doors paint work.
The landlord provided evidence as to the cost of repairs. The cheapest quote was for $516.00. A second quote was for $800.00 plus GST. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. As the landlord is insured and I consider the damage to have been caused carelessly, the tenants liability is limited to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.
As the landlord has substantially succeeded with the claim, I have ordered the tenants to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5316282 — net $428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess on repair to door	$400.00	to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$428.00
Bond	$516.00
Total payable by Tenant to Landlord	$428.00

Claims and awards for application 5316282 — net $428.00 NZD. Verify on MoJ.

Insurance excess on repair to door

Amount: $400.00
Awarded to: Landlord
Reason: to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $428.00

Bond

Landlord $516.00

Total payable by Tenant to Landlord

Landlord $428.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Barfoot & Thompson Limited As Agent For Be Global Family Trust Cara Jin $428.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $516.00 (6445471-003) immediately apportioned as follows: Barfoot & Thompson Limited As Agent For Be Global Family Trust Cara Jin: $428.00 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $88.00

Reasons

Both parties attended the 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 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 insurance excess referred to in the tenants’ tenancy agreement is $400.00 on each and every claim.
The front door of the premises was damaged by the tenants during the tenancy. The tenants said that they had installed a doorbell on the front door. When removing the doorbell at the end of the tenancy, the adhesive became stuck to the door causing damage to the doors paint work.
The landlord provided evidence as to the cost of repairs. The cheapest quote was for $516.00. A second quote was for $800.00 plus GST. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. As the landlord is insured and I consider the damage to have been caused carelessly, the tenants liability is limited to the excess on the landlord’s insurance policy. The tenant is ordered to pay $400.00.
As the landlord has substantially succeeded with the claim, I have ordered the tenants to reimburse the filing fee.

Tenancy Tribunal case 5316282 — Property damage at 22B Ngaio Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5316282 — Property damage at 22B Ngaio Street, 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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.