What was Tenancy Tribunal case 5421609 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 5421609?

Property Damage: $4,328.00 awarded to landlord

What type of tenancy dispute was case 5421609?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5421609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432297-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5421609 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 5421609?

Property Damage: $4,328.00 awarded to landlord

What type of tenancy dispute was case 5421609?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5421609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432297-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5421609 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5421609 — net $4,328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$4,328.00	Repairs
Net award	$4,328.00
Total payable by Tenant to Landlord	$4,328.00

The landlord attended this remote hearing.

The tenants did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.

The landlord has applied for compensation 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.

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.

The following damage was caused during the tenancy: • Two doors were broken • Three door frames were broken. • One wardrobe door was broken. • Large holes were caused in three bedrooms ,living room, toilet, bathroom and the laundry. The broken items needed to be replaced, repaired and repainted.

The landlord provided quotes for the repairs. The landlord’s claim is for the balance of the cost of these repairs, as the tenants had agreed to the release of the bond to cover some of these costs as well as other outstanding costs. The balance owing is $4,328.00. The landlord provided correspondence from the tenants accepting responsibility for the damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider that the damage has been caused intentionally by the tenants.

The amounts ordered are proven.

The landlord seeks name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Claims and awards in Tenancy Tribunal application 5421609 — net $4,328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$4,328.00	Repairs
Net award	$4,328.00
Total payable by Tenant to Landlord	$4,328.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Paenganui Noda-Mana and Cairo Turahui must pay [The landlord/s] $4,328.00 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote hearing.
The tenants did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
The landlord has applied for compensation 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.
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.
The following damage was caused during the tenancy: • Two doors were broken • Three door frames were broken. • One wardrobe door was broken. • Large holes were caused in three bedrooms ,living room, toilet, bathroom and the laundry. The broken items needed to be replaced, repaired and repainted.
The landlord provided quotes for the repairs. The landlord’s claim is for the balance of the cost of these repairs, as the tenants had agreed to the release of the bond to cover some of these costs as well as other outstanding costs. The balance owing is $4,328.00. The landlord provided correspondence from the tenants accepting responsibility for the damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I consider that the damage has been caused intentionally by the tenants.
The amounts ordered are proven.
The landlord seeks name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5421609 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5421609 — 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

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