What was the outcome of Tenancy Tribunal case 4680209?

The tribunal order states: Jesse Boyle must pay Highland Real Estate Group Limited As Agent For Mcnay

How much money was awarded in case 4680209?

Filing Fee: $20.44 awarded to landlord; Property Damage: $525.76 awarded to landlord

What type of tenancy dispute was case 4680209?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4680209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9568938-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4680209?

The tribunal order states: Jesse Boyle must pay Highland Real Estate Group Limited As Agent For Mcnay

How much money was awarded in case 4680209?

Filing Fee: $20.44 awarded to landlord; Property Damage: $525.76 awarded to landlord

What type of tenancy dispute was case 4680209?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4680209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9568938-Tenancy_Tribunal_Order.pdf.

Room 4, 5 Clark Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4680209 — Property damage

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Room 4, 5 Clark Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4680209 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4680209 — net $546.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$525.76	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$546.20
Total payable by Tenant to Landlord	$546.20

Claims and awards for application 4680209 — net $546.20 NZD. Verify on MoJ.

Window repairs

Amount: $525.76
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $546.20

Total payable by Tenant to Landlord

Landlord $546.20

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jesse Boyle must pay Highland Real Estate Group Limited As Agent For Mcnay & Somes Partnership $546.20 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee 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 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 landlord sought compensation of $525.76 being the balance owing for repairs to a window sash.
In support of the claim the landlord provided information that the tenant had agreed to refund of the bond for part of the costs of repairs and to pay the balance off at $5.00 per week and an invoice for the repairs.
The landlord considered the damage was intentional.
I am satisfied from the evidence that damage occurred to the window during the tenancy and that the tenant has not disproved liability for the damage.
The amount ordered is proved.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4680209 — net $546.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$525.76	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$546.20
Total payable by Tenant to Landlord	$546.20

Claims and awards for application 4680209 — net $546.20 NZD. Verify on MoJ.

Window repairs

Amount: $525.76
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $546.20

Total payable by Tenant to Landlord

Landlord $546.20

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jesse Boyle must pay Highland Real Estate Group Limited As Agent For Mcnay & Somes Partnership $546.20 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee 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 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 landlord sought compensation of $525.76 being the balance owing for repairs to a window sash.
In support of the claim the landlord provided information that the tenant had agreed to refund of the bond for part of the costs of repairs and to pay the balance off at $5.00 per week and an invoice for the repairs.
The landlord considered the damage was intentional.
I am satisfied from the evidence that damage occurred to the window during the tenancy and that the tenant has not disproved liability for the damage.
The amount ordered is proved.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Tenancy Tribunal case 4680209 — Property damage at Room 4, 5 Clark Street, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 4680209 — Property damage at Room 4, 5 Clark Street, Dunedin Central, Dunedin 9016

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