How much money was awarded in case 5478511?

Property Damage: $2,357.15 awarded to landlord

What type of tenancy dispute was case 5478511?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5478511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13790511-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5478511?

Property Damage: $2,357.15 awarded to landlord

What type of tenancy dispute was case 5478511?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5478511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13790511-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5478511 — Property damage

Q: What was Tenancy Tribunal case 5478511 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5478511 — net $2,357.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,357.15	Repairs
Net award	$2,357.15
Total payable by Tenant to Landlord	$2,357.15

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.

[The tenant] owes Kāinga Ora–Homes And Communities $2,357.15 (“the debt”) as set out in the table below:

[The tenant] must pay rent and the debt as follows: a. By 78 weekly payments of $118.00, being $88.00 for rent and $30.00 for the debt. b. A final payment of $105.15, being $88.00 for rent and $17.15 for the debt. c. Payments will be every Wednesday, with the first payment on 24/06/2026 and continuing until 22/12/2027.

Payments will be allocated in the following order: rent and rent arrears.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation for damages to the property that have occurred over the duration 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 tenant received a copy of the damage statement and photographs from the landlord and has agreed he is responsible for the damage and accepts liability for the cost of the repairs.

The amounts ordered are proved. The tenant has agreed to a repayment plan that had commenced prior to this hearing. The tenant has complied with the agreed payment plan and has shown a proactive approach to working through the debt repayment process. Name suppression

The tenant did not apply for non-publication of his name and identifying details.

The Tribunal was impressed with the tenant’s proactive approach to developing and committing to the debt repayment plan. He took responsibility for the damage and has shown that he will abide by it. The Tribunal uses its discretion to grant the tenant’s name suppression because it does not consider that publication is in the public interest or is justified because of the tenant’s conduct or any other circumstances of the case. The public interest in this matter is outweighed by the negative impact publication of the tenant’s name may have on his ability to obtain future rental properties.

The landlord does not object to the Tribunal exercising its discretion in this matter.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5478511 — net $2,357.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,357.15	Repairs
Net award	$2,357.15
Total payable by Tenant to Landlord	$2,357.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant] owes Kāinga Ora–Homes And Communities $2,357.15 (“the debt”) as set out in the table below:
[The tenant] must pay rent and the debt as follows: a. By 78 weekly payments of $118.00, being $88.00 for rent and $30.00 for the debt. b. A final payment of $105.15, being $88.00 for rent and $17.15 for the debt. c. Payments will be every Wednesday, with the first payment on 24/06/2026 and continuing until 22/12/2027.
Payments will be allocated in the following order: rent and rent arrears.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for damages to the property that have occurred over the duration 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 tenant received a copy of the damage statement and photographs from the landlord and has agreed he is responsible for the damage and accepts liability for the cost of the repairs.
The amounts ordered are proved. The tenant has agreed to a repayment plan that had commenced prior to this hearing. The tenant has complied with the agreed payment plan and has shown a proactive approach to working through the debt repayment process. Name suppression
The tenant did not apply for non-publication of his name and identifying details.
The Tribunal was impressed with the tenant’s proactive approach to developing and committing to the debt repayment plan. He took responsibility for the damage and has shown that he will abide by it. The Tribunal uses its discretion to grant the tenant’s name suppression because it does not consider that publication is in the public interest or is justified because of the tenant’s conduct or any other circumstances of the case. The public interest in this matter is outweighed by the negative impact publication of the tenant’s name may have on his ability to obtain future rental properties.
The landlord does not object to the Tribunal exercising its discretion in this matter.
Non-publication is ordered.

Tenancy Tribunal case 5478511 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5478511 — 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