What was Tenancy Tribunal case 5329239 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 5329239?

Filing Fee: $28.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $1,297.45 awarded to landlord; Re-gib and remediate ceiling area cu…: $805.00 awarded to landlord

What type of tenancy dispute was case 5329239?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5329239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12740921-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5329239 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 5329239?

Filing Fee: $28.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $1,297.45 awarded to landlord; Re-gib and remediate ceiling area cu…: $805.00 awarded to landlord

What type of tenancy dispute was case 5329239?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5329239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12740921-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5329239 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5329239 — net $2,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$172.50	Lock/key replacement
Repairs: Investigating, and repairing blocked drain	$1,297.45	Repairs: Investigating, and repairing blocked drain
Repairs: Re-gib and remediate ceiling area cut open to access blocked drain	$805.00	Repairs: Re-gib and remediate ceiling area cut open to access blocked drain
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,302.95
Total payable by Tenant to Landlord	$2,302.95

The landlord attended the hearing by video link. The tenant did not join the video link and calls to her telephone number disconnected. I am satisfied that the tenant received notice of the hearing and did not attend.

The landlord has applied for compensation 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. In this case the landlord has insurance cover with an excess of $1,400.

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.

It was reported during the tenancy (August 2024) that the upstairs shower was not draining. A plumber sent to investigate noticed that the cup and strainer had been removed and was not in the bathroom. This is the mechanism that sits over the shower drain to prevent hair and other debris from blocking the drain. The plumber recovered a coin from the waste but could not fix the blockage as something else appeared to be stuck in the drain. A camera inserted into the drain showed a child’s toy lodged approximately 300mm down the drain. The toy could not be dislodged and the plumber had to cut open the lounge ceiling below to gain access to the waste and remove the object to clear the drain. A builder then had to reinstate the ceiling by re-gibbing, plastering and painting.

I am satisfied on the evidence that the blockage was caused during this tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Based on the evidence, it appears that the damage was intentional in that the cup and strainer had been removed which would enable items to fall or be pushed into the drain. The tenant ought to know that removal of the cup and strainer would likely result in a blockage.

Where damage is intentional, the tenant is liable for the entire cost of repair.

The amounts ordered are proved.

As the landlord has succeeded with the application, they are entitled to reimbursement of the filing fee and to suppression of their name and identifying details as requested.

Claims and awards in Tenancy Tribunal application 5329239 — net $2,302.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$172.50	Lock/key replacement
Repairs: Investigating, and repairing blocked drain	$1,297.45	Repairs: Investigating, and repairing blocked drain
Repairs: Re-gib and remediate ceiling area cut open to access blocked drain	$805.00	Repairs: Re-gib and remediate ceiling area cut open to access blocked drain
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,302.95
Total payable by Tenant to Landlord	$2,302.95

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Pearl Maru must pay [The landlord/s] $2,302.95 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video link. The tenant did not join the video link and calls to her telephone number disconnected. I am satisfied that the tenant received notice of the hearing and did not attend.
The landlord has applied for compensation 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. In this case the landlord has insurance cover with an excess of $1,400.
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.
It was reported during the tenancy (August 2024) that the upstairs shower was not draining. A plumber sent to investigate noticed that the cup and strainer had been removed and was not in the bathroom. This is the mechanism that sits over the shower drain to prevent hair and other debris from blocking the drain. The plumber recovered a coin from the waste but could not fix the blockage as something else appeared to be stuck in the drain. A camera inserted into the drain showed a child’s toy lodged approximately 300mm down the drain. The toy could not be dislodged and the plumber had to cut open the lounge ceiling below to gain access to the waste and remove the object to clear the drain. A builder then had to reinstate the ceiling by re-gibbing, plastering and painting.
I am satisfied on the evidence that the blockage was caused during this tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Based on the evidence, it appears that the damage was intentional in that the cup and strainer had been removed which would enable items to fall or be pushed into the drain. The tenant ought to know that removal of the cup and strainer would likely result in a blockage.
Where damage is intentional, the tenant is liable for the entire cost of repair.
The amounts ordered are proved.
As the landlord has succeeded with the application, they are entitled to reimbursement of the filing fee and to suppression of their name and identifying details as requested.

Tenancy Tribunal case 5329239 — Property damage

At a glance

Tenancy Tribunal case 5329239 — 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