What was Tenancy Tribunal case 5342989 about?

The tribunal order states: Advantage Realty Limited As Agent For Brenda Yaxley must pay [The tenant/s] tenant/s]

How much money was awarded in case 5342989?

Compensation: Car Insurance: $400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5342989?

The dispute type was not classified.

Where can I read the official tribunal order for case 5342989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12792132-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342989 about?

The tribunal order states: Advantage Realty Limited As Agent For Brenda Yaxley must pay [The tenant/s] tenant/s]

How much money was awarded in case 5342989?

Compensation: Car Insurance: $400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5342989?

The dispute type was not classified.

Where can I read the official tribunal order for case 5342989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12792132-Tenancy_Tribunal_Order.pdf.

15A Cooneys Drive, Matua, Tauranga 3110 Tenancy Tribunal Case 5342989 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5342989 — net $428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Compensation: Car insurance	$400.00	Car insurance
Net award	$428.00
Total payable by Landlord to Tenant	$428.00

Both parties attended the hearing.

The landlord sought $500.00 compensation being the insurance excess incurred for a repair to the garage door.

The tenant counterclaimed for $400.00 compensation being the insurance excess incurred for a repair to her car.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof. Background

This has been a long tenancy. In approximately March 2025, the garage door closed unexpectedly while the tenant was driving her car out of the garage.

A collision ensued with both the door and car damaged.

The owner lodged an insurance claim and sought the excess compensated by the tenant, claiming her liability.

The tenant denied liability and lodged a counterclaim after the landlord applied to the Tribunal for a compensation order.

What caused the garage door to close unexpectedly?

Both parties have established a loss.

The outcome from this hearing had three potential outcomes: a. The landlord is responsible if the door was faulty and not repaired. b. The tenant is responsible if they misused the door or operation. c. Insurance costs incurred are left where they fall if accidental damage and neither party is at fault. Landlord’s Responsibility

Landlords are required to keep the premises (including garages and doors) in a reasonable state of repair (section 45(1)(b) RTA). Tenant’s Responsibility

If the tenant operated the door or opener incorrectly, misused it, or ignored clear warnings or instructions, the tenant may be responsible for the damage.

Tenants must not intentionally or carelessly damage the premises (section 40(2)(a) RTA). Accident or No Fault

If the incident was a genuine accident with no fault by either party, each party may be responsible for their own losses as claimed here. Discussion

Based on the submissions, I heard of a history of issues with the garage door and mechanisms. A problem was first raised in 2022 and subject to a contractor visit at that time. In November 2024 the tenant reported a problem of the garage door spontaneously opening and closing, at times, without obvious cause.

The problem was observed again this year by the tenant.

I heard that when the garage door was being repaired, the contractor expressed concerns about leaving the old motor is place. I understand the motor was subsequently replaced as part of the same claim.

I find it more likely than not that the garage door opener/motor had a prior history of erratic behaviour similar to that when the door closed unexpectedly on the tenant’s car.

I note the counterview that the tenant caused the problem through the inappropriate use of the garage remote while driving, or by reversing into the door. This was expressed in a brief email opinion to the agent from Securadoor Limited, relayed third-hand from the actual contractor.

I prefer the evidence and submission of the tenant. If the door unexpectedly closing was a first, one-off event the determination here may well have been different. The prior history cannot be ignored.

Therefore, the landlord claim is dismissed as it failed to adequately maintain the garage door mechanisms. Even if I am wrong, I would have considered betterment in the motor replacement along with the door repair in any award of the excess as sought.

The damage to the tenant’s car was discussed at the hearing and there is no reason to conclude it was caused by anything other than impact with the garage door. The location of the damage is consistent with a door in mid-range rather than at rest and reversed into.

The tenant is awarded compensation for the consequential damage to her car. Filing fee

Because [The tenant/s] tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5342989 — net $428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Compensation: Car insurance	$400.00	Car insurance
Net award	$428.00
Total payable by Landlord to Tenant	$428.00

Both parties attended the hearing.

The landlord sought $500.00 compensation being the insurance excess incurred for a repair to the garage door.

The tenant counterclaimed for $400.00 compensation being the insurance excess incurred for a repair to her car.

This has been a long tenancy. In approximately March 2025, the garage door closed unexpectedly while the tenant was driving her car out of the garage.

A collision ensued with both the door and car damaged.

The owner lodged an insurance claim and sought the excess compensated by the tenant, claiming her liability.

The tenant denied liability and lodged a counterclaim after the landlord applied to the Tribunal for a compensation order.

What caused the garage door to close unexpectedly?

Both parties have established a loss.

Landlords are required to keep the premises (including garages and doors) in a reasonable state of repair (section 45(1)(b) RTA). Tenant’s Responsibility

If the tenant operated the door or opener incorrectly, misused it, or ignored clear warnings or instructions, the tenant may be responsible for the damage.

Tenants must not intentionally or carelessly damage the premises (section 40(2)(a) RTA). Accident or No Fault

If the incident was a genuine accident with no fault by either party, each party may be responsible for their own losses as claimed here. Discussion

The problem was observed again this year by the tenant.

I find it more likely than not that the garage door opener/motor had a prior history of erratic behaviour similar to that when the door closed unexpectedly on the tenant’s car.

The tenant is awarded compensation for the consequential damage to her car. Filing fee

Because [The tenant/s] tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5342989 — Tenancy dispute at 15A Cooneys Drive, Matua, Tauranga 3110

At a glance

Tenancy Tribunal case 5342989 — Tenancy dispute at 15A Cooneys Drive, Matua, Tauranga 3110

At a glance

Award balance

Claims & awards

Order

Reasons

What caused the garage door to close unexpectedly?

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

What caused the garage door to close unexpectedly?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.