What was the outcome of Tenancy Tribunal case 4772997?

The tribunal order states: Elizabeth Paamu must pay Ross Lyle Watson As Agent For Cynthia Naomi

How much money was awarded in case 4772997?

Benchtop: $619.85 awarded to landlord; Plastering And Painting: $669.31 awarded to landlord

What type of tenancy dispute was case 4772997?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4772997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10099713-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4772997?

The tribunal order states: Elizabeth Paamu must pay Ross Lyle Watson As Agent For Cynthia Naomi

How much money was awarded in case 4772997?

Benchtop: $619.85 awarded to landlord; Plastering And Painting: $669.31 awarded to landlord

What type of tenancy dispute was case 4772997?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4772997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10099713-Tenancy_Tribunal_Order.pdf.

19 Cross Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4772997 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4772997 — net $1,289.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop	$619.85	Repairs: benchtop
Repairs: plastering and painting	$669.31	Repairs: plastering and painting
Net award	$1,289.16
Total payable by Tenant to Landlord	$1,289.16

Elizabeth Paamu must pay Ross Lyle Watson As Agent For Cynthia Naomi Paemu And Steven Ihaaka Biggar $1,289.16 immediately, calculated as shown in the table below. DescriptionLandlord Repairs: benchtop$619.85 Repairs: plastering and painting$669.31 Total award$1,289.16 Total payable by Tenant to Landlord$1,289.16

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord has applied for compensation following the end of the tenancy.

The landlord made its application more than two months after the end of the tenancy. The Tribunal’s records show that the tenant contacted the Tribunal and had the landlord’s application emailed to her at an address which she supplied. I am satisfied that the tenant has had notice of the landlord’s application.

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 provided photographic evidence that a benchtop in the kitchen was damaged during the tenancy. In addition, he provided photographic evidence of a number of holes in walls that the tenant had inexpertly repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Order

Claims and awards in Tenancy Tribunal application 4772997 — net $1,289.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop	$619.85	Repairs: benchtop
Repairs: plastering and painting	$669.31	Repairs: plastering and painting
Net award	$1,289.16
Total payable by Tenant to Landlord	$1,289.16

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord has applied for compensation following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Tenancy Tribunal case 4772997 — Property damage at 19 Cross Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4772997 — Property damage at 19 Cross Street, Castlecliff, Whanganui 4501

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

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