What was the outcome of Tenancy Tribunal case 5354526?

The tribunal order states: Rebecca Harty and Michael Leeper to pay Glasshouse Property Management Limited

How much money was awarded in case 5354526?

Property Damage: $325.31 awarded to landlord

What type of tenancy dispute was case 5354526?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5354526?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13004054-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5354526?

The tribunal order states: Rebecca Harty and Michael Leeper to pay Glasshouse Property Management Limited

How much money was awarded in case 5354526?

Property Damage: $325.31 awarded to landlord

What type of tenancy dispute was case 5354526?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5354526?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13004054-Tenancy_Tribunal_Order.pdf.

30 West Thompson Street, Leamington, Cambridge 3432 Tenancy Tribunal Case 5354526 — Property damage

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30 West Thompson Street, Leamington, Cambridge 3432 Tenancy Tribunal Case 5354526 — 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 5354526 — net $325.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs/painting work	$325.31	ave had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensat…
Net award	$325.31
Total payable by Tenant to Landlord	$325.31

Claims and awards for application 5354526 — net $325.31 NZD. Verify on MoJ.

Repairs/painting work

Amount: $325.31
Awarded to: Landlord
Reason: ave had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensat…

Net award

Landlord $325.31

Total payable by Tenant to Landlord

Landlord $325.31

Claim types — money lines allowed on this order

Property damage

Order

Rebecca Harty and Michael Leeper to pay Glasshouse Property Management Limited As Agent For David Duffy $325.31 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $380.63 (5980911-004) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
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 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.
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.
The following damage was caused during the tenancy: damage to the paintwork in one of the bedrooms. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The tenants say that $380.63 is excessive and the painter was only at the property for 25 minutes but 3 hours labour is being claimed. The tenants rely on security footage from a neighbour which notes the time the painter attended on 17 September.
I find that 2 hours labour is appropriate instead of the 3 hours claimed for the work done based on the evidence provided. While I accept that the painter was at the premises for only 25 minutes on 17 September, I find that this was likely the initial preparation work and first coat. The painter would have had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensation.
I decline to make any award for the respective filing fees.

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 5354526 — net $325.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs/painting work	$325.31	ave had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensat…
Net award	$325.31
Total payable by Tenant to Landlord	$325.31

Claims and awards for application 5354526 — net $325.31 NZD. Verify on MoJ.

Repairs/painting work

Amount: $325.31
Awarded to: Landlord
Reason: ave had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensat…

Net award

Landlord $325.31

Total payable by Tenant to Landlord

Landlord $325.31

Claim types — money lines allowed on this order

Property damage

Order

Rebecca Harty and Michael Leeper to pay Glasshouse Property Management Limited As Agent For David Duffy $325.31 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $380.63 (5980911-004) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
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 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.
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.
The following damage was caused during the tenancy: damage to the paintwork in one of the bedrooms. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The tenants say that $380.63 is excessive and the painter was only at the property for 25 minutes but 3 hours labour is being claimed. The tenants rely on security footage from a neighbour which notes the time the painter attended on 17 September.
I find that 2 hours labour is appropriate instead of the 3 hours claimed for the work done based on the evidence provided. While I accept that the painter was at the premises for only 25 minutes on 17 September, I find that this was likely the initial preparation work and first coat. The painter would have had to return to finish off. I therefore make an order that the tenants pay $325.31 from the remaining bond as fair, reasonable and proportionate compensation.
I decline to make any award for the respective filing fees.

Tenancy Tribunal case 5354526 — Property damage at 30 West Thompson Street, Leamington, Cambridge 3432

At a glance

Tenancy Tribunal case 5354526 — Property damage at 30 West Thompson Street, Leamington, Cambridge 3432

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

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