What was the outcome of Tenancy Tribunal case 4671290?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4671290?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4671290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4671290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10386947-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4671290?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4671290?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4671290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4671290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10386947-Tribunal_Order.pdf.

68A Stapleford Crescent, Browns Bay, Auckland 0630 Tenancy Tribunal Case 4671290 — Property damage

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Reasons

Both parties attended the hearing via teleconference on 24 th May 2024.

On 27 th March 2024, the Tribunal made an order for the tenant to pay reparation to the landlord for broken windows. Including the filing fee, the total amount awarded against the tenant was $2,606.24.

On 3 rd April 2024, the tenant applied for a rehearing as he missed the hearing due to having been given the wrong hearing time.

Prior to the teleconference, the tenant sent through further material explaining how the broken “fence” was not the tenant’s fault.

At the teleconference, I clarified to the tenant that the landlord had not made any claim against the tenant for the broken fence despite it initially being flagged as a possibility in the original application form. I clarified to the tenant that the order was made only for the broken windows.

In relation to the windows, the tenant said that the landlord initially only required the tenant to pay for the insurance excess. The landlord explained that insurance did not cover the damaged windows as they were classified as intentional damage. The landlord was then advised that the tenant was liable to pay for all the damage and that was why the landlord had made the claim to the Tribunal.

The tenant accepted that his son had damaged the windows but explained that it was possibly due to a reaction to some medication. I find that it still categorises the damage as intentional damage. The tenant is liable to pay the whole amount.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

Other than the tenant being told of the wrong hearing time, there was nothing substantially wrong with the hearing or any miscarriage of justice with the ordering of reparation.

Accordingly, I dismiss the tenant’s application for a rehearing.

The original order from 27 th March 2024 stands.

Reasons

Both parties attended the hearing via teleconference on 24 th May 2024.

On 3 rd April 2024, the tenant applied for a rehearing as he missed the hearing due to having been given the wrong hearing time.

Prior to the teleconference, the tenant sent through further material explaining how the broken “fence” was not the tenant’s fault.

Other than the tenant being told of the wrong hearing time, there was nothing substantially wrong with the hearing or any miscarriage of justice with the ordering of reparation.

Accordingly, I dismiss the tenant’s application for a rehearing.

The original order from 27 th March 2024 stands.

Tenancy Tribunal case 4671290 — Property damage at 68A Stapleford Crescent, Browns Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4671290 — Property damage at 68A Stapleford Crescent, Browns Bay, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions