What was the outcome of Tenancy Tribunal case 4835462?

The tribunal order states: Sarah Ruth Munro to pay Northern Rental Management Ltd T/A Corporate

How much money was awarded in case 4835462?

Filing Fee: $20.44 awarded to landlord; French Door Glass Panel: $467.54 awarded to landlord

What type of tenancy dispute was case 4835462?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4835462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10157919-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4835462?

The tribunal order states: Sarah Ruth Munro to pay Northern Rental Management Ltd T/A Corporate

How much money was awarded in case 4835462?

Filing Fee: $20.44 awarded to landlord; French Door Glass Panel: $467.54 awarded to landlord

What type of tenancy dispute was case 4835462?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4835462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10157919-Tenancy_Tribunal_Order.pdf.

5 Shoal Bay Road, Devonport, Auckland 0624 Tenancy Tribunal Case 4835462 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4835462 — net $487.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: French door glass panel	$467.54	Repairs: French door glass panel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$487.98
Bond	$3,400.00
Total payable by Tenant to Landlord	$487.98

Sarah Ruth Munro to pay Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett $487.98 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,400.00 (5550292-001) immediately apportioned as follows: Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett: $487.98 Sarah Ruth Munro: $2,912.02

The tenant’s application (4747261) is dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for compensation, refund of the bond, 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 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 Landlord claims that the tenant’s son broke a glass panel on a French door. The repair cost was $467.50. The landlord provided an email dated 6 November 2023 from the tenant confirming that her son broke the French door glass panel. I have also sighted a photograph of the damaged glass panel along with an invoice from North Shore Glass dated 19 March 2024 confirming the amount claimed.

The amount ordered is proved.

The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.

Accordingly, the tenant’s application must be dismissed.

Because Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act

The tenant applied for non-publication of her name and identifying details. Her application is dismissed for non-attendance and therefore her request for name suppression must be refused.

Claims and awards in Tenancy Tribunal application 4835462 — net $487.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: French door glass panel	$467.54	Repairs: French door glass panel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$487.98
Bond	$3,400.00
Total payable by Tenant to Landlord	$487.98

Order

Sarah Ruth Munro to pay Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett $487.98 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5550292-001) immediately apportioned as follows: Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett: $487.98 Sarah Ruth Munro: $2,912.02
The tenant’s application (4747261) is dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for compensation, refund of the bond, 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 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 Landlord claims that the tenant’s son broke a glass panel on a French door. The repair cost was $467.50. The landlord provided an email dated 6 November 2023 from the tenant confirming that her son broke the French door glass panel. I have also sighted a photograph of the damaged glass panel along with an invoice from North Shore Glass dated 19 March 2024 confirming the amount claimed.
The amount ordered is proved.
The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
Accordingly, the tenant’s application must be dismissed.
Because Northern Rental Management Ltd T/A Corporate Property Rentals As Agent For C Barnett has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act
The tenant applied for non-publication of her name and identifying details. Her application is dismissed for non-attendance and therefore her request for name suppression must be refused.

Tenancy Tribunal case 4835462 — Property damage at 5 Shoal Bay Road, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 4835462 — Property damage at 5 Shoal Bay Road, Devonport, Auckland 0624

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