What was Tenancy Tribunal case 5427900 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Rempstone Property

How much money was awarded in case 5427900?

Curtain Living Room: $100.00 awarded to landlord

What type of tenancy dispute was case 5427900?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5427900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13638887-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5427900 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Rempstone Property

How much money was awarded in case 5427900?

Curtain Living Room: $100.00 awarded to landlord

What type of tenancy dispute was case 5427900?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5427900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13638887-Tenancy_Tribunal_Order.pdf.

9 Tapper Street, Wigram, Christchurch 8042 Tenancy Tribunal Case 5427900 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5427900 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Curtain living room	$100.00	Repairs: Curtain living room
Net award	$100.00
Bond	$100.00
Total payable by Tenant to Landlord	$100.00

Both parties attended the hearing.

The landlord has applied for compensation and partial refund of the bond.

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: tear in the curtain. The Landlord claimed to patch a tear in the lounge curtain. A photograph of the tear in the curtain, the entry inspection report, and an invoice for the repair were provided in evidence. The Landlord speculated that the damage may have been caused by a pet.

The Tenants submitted that the window faced direct sunlight and that prolonged sun exposure may have caused the curtain fabric to deteriorate over time, resulting in the tear. The Tenants also submitted that the damage could not have been caused by a pet, as a sofa was positioned against the wall beneath the curtain.

In considering the evidence, I find that, if the curtain had deteriorated due to sun exposure, there would likely have been additional signs of wear and tear throughout the fabric. However, no such evidence was present. Therefore, I am satisfied that the damage exceeds fair wear and tear, and the tenant has not disproved the burden of disproving liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5427900 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Curtain living room	$100.00	Repairs: Curtain living room
Net award	$100.00
Bond	$100.00
Total payable by Tenant to Landlord	$100.00

Order

[The tenant/s] and [The tenant/s] to pay Rempstone Property Management Limited $100.00 from the bond, calculated as shown in table below.
The Bond centre shall pay the Landlord $100.00 immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and partial refund of the bond.

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: tear in the curtain. The Landlord claimed to patch a tear in the lounge curtain. A photograph of the tear in the curtain, the entry inspection report, and an invoice for the repair were provided in evidence. The Landlord speculated that the damage may have been caused by a pet.
The Tenants submitted that the window faced direct sunlight and that prolonged sun exposure may have caused the curtain fabric to deteriorate over time, resulting in the tear. The Tenants also submitted that the damage could not have been caused by a pet, as a sofa was positioned against the wall beneath the curtain.
In considering the evidence, I find that, if the curtain had deteriorated due to sun exposure, there would likely have been additional signs of wear and tear throughout the fabric. However, no such evidence was present. Therefore, I am satisfied that the damage exceeds fair wear and tear, and the tenant has not disproved the burden of disproving liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5427900 — Property damage at 9 Tapper Street, Wigram, Christchurch 8042

At a glance

Tenancy Tribunal case 5427900 — Property damage at 9 Tapper Street, Wigram, Christchurch 8042

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