What was Tenancy Tribunal case 5371745 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited and Duval

How much money was awarded in case 5371745?

Filing Fee: $28.00 awarded to landlord; Property Damage: $4,227.27 awarded to landlord

Where can I read the official tribunal order for case 5371745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13258844-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5371745 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited and Duval

How much money was awarded in case 5371745?

Filing Fee: $28.00 awarded to landlord; Property Damage: $4,227.27 awarded to landlord

Where can I read the official tribunal order for case 5371745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13258844-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1G, 246 St George Street, Papatoetoe, Auckland Tenancy Tribunal Case 5371745 — Leaks

Order

Claims and awards in Tenancy Tribunal application 5371745 — net $2,595.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Plumbing repairs	$4,227.27	Plumbing repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,595.27
Total payable by Tenant to Landlord	$2,595.27

[The tenant/s] must pay Wolfbrook Property Management Limited and Duval Property Management Limited $2,595.27 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,660.00 (6061424-004) to Wolfbrook Property Management Limited and Duval Property Management Limited immediately.

Reasons

Mr Johnson attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.

The landlord applied for the cost to repair the wall at the premises after it was required to be opened to repair the plumbing at the premises during the tenancy.

Is the tenant responsible for the damage to the plumbing at the premises?

To be successful in a claim for damage, 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, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).

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): section 49B(3)(a) of the Act. The landlord’s insurance did not cover the damage.

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): section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage: section 49B(3A)(a) of the Act.

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: section 49B(1) of the Act. 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: Guo v Korck [2019] NZHC 1541.

The landlord has provided sufficient evidence to establish that the damage (the blocking of the pipes leading to the toilet) occurred during the tenancy, the damage is beyond fair wear and tear, and the tenant has not disproved liability for it.

The evidence, in particular a statement from the plumber, establishes that the pipes were blocked by a hand towel that had been flushed down the toilet. In the absence of evidence to the contrary I find that it is more likely than not that the flushing of the hand towel down the toilet was done intentionally by the tenant or by someone else at the premises with her permission.

I therefore find the tenant liable to pay the amount claimed by the landlord to repair the damage.

The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5371745 — net $2,595.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Plumbing repairs	$4,227.27	Plumbing repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,595.27
Total payable by Tenant to Landlord	$2,595.27

Order

[The tenant/s] must pay Wolfbrook Property Management Limited and Duval Property Management Limited $2,595.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,660.00 (6061424-004) to Wolfbrook Property Management Limited and Duval Property Management Limited immediately.

Reasons

Mr Johnson attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.
The landlord applied for the cost to repair the wall at the premises after it was required to be opened to repair the plumbing at the premises during the tenancy.

Is the tenant responsible for the damage to the plumbing at the premises?

To be successful in a claim for damage, 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, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).
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): section 49B(3)(a) of the Act. The landlord’s insurance did not cover the damage.
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): section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage: section 49B(3A)(a) of the Act.
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: section 49B(1) of the Act. 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: Guo v Korck [2019] NZHC 1541.
The landlord has provided sufficient evidence to establish that the damage (the blocking of the pipes leading to the toilet) occurred during the tenancy, the damage is beyond fair wear and tear, and the tenant has not disproved liability for it.
The evidence, in particular a statement from the plumber, establishes that the pipes were blocked by a hand towel that had been flushed down the toilet. In the absence of evidence to the contrary I find that it is more likely than not that the flushing of the hand towel down the toilet was done intentionally by the tenant or by someone else at the premises with her permission.
I therefore find the tenant liable to pay the amount claimed by the landlord to repair the damage.
The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.

Tenancy Tribunal case 5371745 — Leaks at Unit/Flat 1G, 246 St George Street, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5371745 — Leaks at Unit/Flat 1G, 246 St George Street, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the plumbing at 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 plumbing at the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions