What was the outcome of Tenancy Tribunal case 5445088?

The tribunal order states: The hearing is adjourned.

How much money was awarded in case 5445088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5445088?

The primary dispute was Leaks. Related themes: Property damage.

Where can I read the official tribunal order for case 5445088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13434141-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5445088?

The tribunal order states: The hearing is adjourned.

How much money was awarded in case 5445088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5445088?

The primary dispute was Leaks. Related themes: Property damage.

Where can I read the official tribunal order for case 5445088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13434141-Tenancy_Tribunal_Order.pdf.

10 Islington Street, Turnbull Thomson Park, Invercargill Tenancy Tribunal Case 5445088 — Leaks

Reasons

Both parties attended the hearing.

The landlord has applied for a monetary order seeking payment of a plumbing account and for damage to a fence.

The back ground is that this is a fixed term tenancy.

The landlord seeks reimbursement for a plumbing invoice that related to a blocked drain. There is the assumption that this was caused by the tenants son who put stones down the drain.

The landlord also seeks payment for a section of concrete fence that was knocked over4 and damaged. The issue for determination is whether the tenant is liable for the cost to fix the fence and the drain.

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.

I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.

The tenant claims that there are ongoing issues with the drains and that her son would not have been left unsupervised outside and therefore disputes the fact that the drain blocked due to her or her sons’ actions.

Further in relation to the fence this maybe covered by the owners insurance. Having discussed this with the parties it was agreed how the landowner could source the information to provide to their insurance.

On this basis I adjourn the case to come back before me.

The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

If either party wishes to submit any evidence in advance of the hearing they are to do so and provide a copy to the other party.

Order

The hearing is adjourned.
A further ninety minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

Both parties attended the hearing.
The landlord has applied for a monetary order seeking payment of a plumbing account and for damage to a fence.
The back ground is that this is a fixed term tenancy.
The landlord seeks reimbursement for a plumbing invoice that related to a blocked drain. There is the assumption that this was caused by the tenants son who put stones down the drain.
The landlord also seeks payment for a section of concrete fence that was knocked over4 and damaged. The issue for determination is whether the tenant is liable for the cost to fix the fence and the drain.

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.
I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The tenant claims that there are ongoing issues with the drains and that her son would not have been left unsupervised outside and therefore disputes the fact that the drain blocked due to her or her sons’ actions.
Further in relation to the fence this maybe covered by the owners insurance. Having discussed this with the parties it was agreed how the landowner could source the information to provide to their insurance.
On this basis I adjourn the case to come back before me.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
If either party wishes to submit any evidence in advance of the hearing they are to do so and provide a copy to the other party.

Tenancy Tribunal case 5445088 — Leaks at 10 Islington Street, Turnbull Thomson Park, Invercargill

At a glance

Tenancy Tribunal case 5445088 — Leaks at 10 Islington Street, Turnbull Thomson Park, Invercargill

At a glance

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

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